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Pubdate: Fri, 12 Jan 2007 Source: Globe and Mail (Canada) Copyright: 2007, The Globe and Mail Company Contact: http://www.globeandmail.ca/ Details: http://www.mapinc.org/media/168 Author: Virginia Galt CHEECH AND CHONG WOULD APPROVE OF THIS RULING A Toronto construction manager who surreptitiously videotaped two employees in their pickup truck during a lunch break, and later accused them of smoking marijuana, violated their rights to privacy, the Ontario Labour Relations Board has ruled. The videotape is not admissible as evidence in a hearing to determine whether the employer was justified in firing the two, although the manager's first-hand observations will be considered, the labour board said. A summary of the case, reported this week in a labour law bulletin published by Toronto-based Lancaster House, said Canadian arbitrators are divided on how far employers can go in investigating suspected wrongdoing. In the case of the Toronto construction workers, The labour board said the employer has the right to monitor on-the-job performance and behaviour, but does not have the right to place employees under surveillance on their own time. - --- MAP posted-by: Derek