Question

Healthy Food Inc. is a Canadian chain of grocery stores across Ontario. The management is concerned that some employees might be stealing products from the store and so it decides to install cameras in various "back office" spaces - storage rooms, offices, employee parking lot. Some employees at the Bloor & Yonge location in Toronto become very upset when they realize every movement is being monitored and so they decide to turn to some union organizers at Unifor for help. They also decide that whenever they see a camera directing toward them they will wave hello and start dancing until the camera looks away (which could take 10-20 minutes every time). But many employees believe more should be done. They are pretty sure that the management installed some hidden cameras in other places which are unknown to the employees.

b) Discuss the legal arguments of the parties regarding the potential breach of the employees privacy. [3 marks]

c) Assume that the government of Ontario is concerned about the actions taken by the employees as the government views the work at the grocery stores as "essential services". The government passes legislation to amend the Ontario Labour Relations Act and its mandatory strike vote provisions. While currently, more than 50 per cent of those voting have to vote in favour of a strike for the strike to be lawful, the new amendment requires that more than 75 per cent of those voting vote in favour. The unions would like to challenge this amendment as unconstitutional. Discuss the legal arguments of the parties and assess their chances of winning this case [3 marks]

Answer 1

Answer b= The employer can argue that it is their right to protect and safeguard the interest of the organization from any type of stealing and it also has the right to monitor the behavior of the individual employees while they are working in the organization so that their performance can be checked and their actions can be monitored so that not only the chances of stealing can be reduced but greater and improved performance can also be ensured.

On the other hand, the employees can argue that it is a complete violation of the privacy of the employees by the employers when the employer tries to monitor every move of the employees include in the parking lot, back-office space, and so on. The employer can install the cameras in the working areas rather than in common areas, parking lot as these places are nothing to do with the performance.

Answer c= The government can argue that as the grocery items and related businesses are included in the list of essential services thus it is important to amend the provision of the strike in these areas of work so that the chances of interruption of the essential service can be avoided. There is nothing unconstitutional about the new policy as it is framed to protect the wide interest of the society.

On the other hand, the union may argue that by converting the voting percentage of 75% for the strike option, the government is taking away the chances of the strike in these services which can be seen as against the constitutional provision of freedom of speech and thus this move must be treated as unconstitutional.

If we look at the chances of winning the case, the government has a greater chance of winning it as it has made the grocery items as the essential service