As an employee you can expect that anything that is on your work computer is and will be viewed by your employer. Find out more.
This leads to the interesting question of what kind of privacy an employee can then expect. The law is far from clear. The Supreme Court of Canada in R. vs. Cole has determined that there is some kind of limited right of privacy but that was in a criminal case where the employer had a policy that allowed some restricted personal use of work computers. Other than that, there is not a lot of appeal court guidance to assist employers, employees or the lawyers that have to advise them.
As an employee you can expect that anything that is on your work computer is and will be viewed by your employer. This includes emails even if they are not on the company server. If you have a company smartphone you should assume that anything on that phone will be examined by the employer even if it is your personal emails.
The situation can be even worse if the employee has used their personal telephone for company business and there is now a dispute. It is bad enough being deprived of your laptop but being deprived of your telephone is much worse. Employers should also have a written policy stating that no company business can be done via text messaging or similar software. It is a frequent ploy of fraudsters to engage in monkey business using their private emails or texts on the assumption that these communications will not be found out. Sometimes they are right about this but sometimes they are wrong. Nothing raises a court’s suspicions like an employee who uses private emails or texts to conduct company business.
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