Electronic Signature Lawfulness for Employee Incident Report in Canada

How to eSign a document: electronic signature lawfulness for Employee Incident Report in Canada

THAT INFORMATION WILL HAVE TO BE DISCLOSED. WITH MORE I WANT TO BRING IN AN EMPLOYMENT AND LABOUR LAWYER. GOOD MORNING. THANK YOU FOR BEING WITH US. WHAT IS AT THE HEART OF THIS? >> IT IS REALLY ABOUT KEEPING EMPLOYERS HONEST AND TRARNS PARENT AND CREATING THAT OPEN LINE OF COMMUNICATION THREE AND EMPLOYER AND EMPLOYEE. SO I THINK HISTORICALLY I THINK EMPLOYEES ASSUME EMPLOYERS MONITORED TO AND NOW IT HAS TO PUT IT AT THE FOREFRONT. FOR AN EMPLOYER TO SAYING YI, WE MONITOR OR NO WE DON'T. IT IS KEYSTROKES? PHYSICAL LOCATION, WHAT WEBSITE YOU ARE VISITING DURING WORKING HOURS? THAT IS THE LEVEL OF TRANSPARENCY. >> SO WHAT SHOULD BE INCLUDED IN THAT POLICY THAT EMPLOYER WILL NOW HAVE TO SEND OUT TO PEOPLE? >> COUPLE OF THING. ONE IS A STATEMENT FROM THE EMPLOYER ON WHETHER OR NOT WE ENGAGE IN MONITORING OR NOT. WITH RESPECT TO THE NEXT STEPS, IT IS HOW DO WE MONITOR -- DO WE USE G.S.T., USE A TECHNOLOGY IN PLACE, THAT ULTIMATELY LOOKS AT WHAT WEB SITES THAT WE, YOU KNOW, MONITOR. AND THEN GOING DOWN THE CHAIN OF YES WE MONITOR, WHAT DO WE MONITOR FOR? AND THAT IS WHERE THE MINISTRY OF LABOUR PROVIDED LEVEL OF GUIDANCE. KEYSTROKE OR E-MAILS OR IS IT WEBSITES WE VISIT. PHYSICAL LOCATION. ALL OF THE NATURE IN TERMS OF ANY TYPE OF MONITORING. THE CHALLENGE FOR EMPLOYERS RIGHT NOW WAS THEY PREPARED THE POLICY. DOESN'T DEFINE ELECTRONIC MONITORING. SO WE GO TO THE DEFINITION IN THE DICTIONARY, WHICH TALKS ABOUT SYSTEMIC REVIEW. STORING AND HAVING ACCESS IS VERY DIFFERENT THAN MONITORING AND HAVING THE SYSTEMIC REVIEW. SO IF YOU EMPLOYER AND MONTHLY GET A REPORT OF KEYSTROKE OR WEB SITES VISITED, WHATEVER THE NATURE YOU WILL HAVE TO TO CLOSE THAT. BUT JUST STORING E-MAIL AND IN THE HAVING A SYSTEMIC REVIEW OR SOMETHING OF THAT NATURE WON'T TRIGGER ELECTRONIC MONITORING. >> DOES THIS NEW POLICY BREACH THE RIGHTS OF EMPLOYEES? >> IT CREATES THE LEVEL OF A TRANSPARENCY. IT IS NOT INTENDED TO LIMIT AN EMPLOYER'S ABILITY TOEN MO TOR OR ENHANCE AN EMPLOYEE'S RIGHT TO PRIVACY. IT OUTLINES ALL OF THE CIRCUMSTANCES IN WHICH AN EMPLOYER DOES MONITOR AND I THINK THAT IS THE IMPORTANT PART FOR EMPLOYEES AND EMPLOYERS TO UNDERSTAND. HERE IS THERE ISN'T AN ENHANCED LEGISLATION AND ISN'T A LIMITATION FOR EMPLOYER HAS IT RELATES TO MONITORING. >> DO YOU SEE THIS SOMEHOW CREATING A PROVINCIAL -- SOME PRIVACY LEGISLATION THAT GIVES EMPLOYEES THE RIGHT TO CHALLENGE EMPLOYERS ON WHATEVER THEY ARE DOING ON THEIR WEB SITES KEYSTROKES, YOU HAVE IT? >> FOR SURE. SOME OTHER PROVINCES IN CANADA, BRITISH COLUMBIA, QUEBEC, THEY HAVE THEIR OWN PRIVACY SLEIGH, WHICH COVERS THE EMPLOYMENT RELATIONSHIP. WHERE SOME OF THE ASPECTS ARE COVERED. IN ONTARIO, WE STILL DON'T HAVE THAT. AND SO PERHAPS THIS IS THE FIRST STEP BEFORE WE INTRO DUST PRIVACY LEGISLATION AS IT RELATES TO EMPLOYMENT RELATIONSHIP BUT WE ARE NOT THERE YET. MERCHANDISE WHEN YOU LOOK AT THE NEW POLICY, WHO DO YOU THINK IT IS FAVOURS? THE EMPLOYER OR EMPLOYEES? >> I THINK EMPLOYERS WHO HISTORICALLY HAVE HAD A HEAVY LEVEL OF ELECTRONIC MONITORING. EN THEY ARE SECOND-GUESSING OR CHANGING THEIR POLICY. I THINK HISTORICALLY, SOME EMPLOYERS HAVE MONITORED QUITE A BIT. THEY MAY HAVE WALKED IT BACK A BIT BECAUSE THEY DON'T WANT TO PUT PEN TO PAPER AS IT RELATES TO THE LEVEL OF MONITORING. ANY TIME THERE IS OPEN TRANSPARENT, IT IS HELPFUL FOR EMPLOYEE. PEOPLE NEED TO UNDERSTAND THIS DOESN'T PROVIDE ANY LEVEL OF ENHANCEMENT IN TERMS OF PRIVACY AS IT RELATES TO T