Malicious use of a computer: the employer can examine its content

Release date: June 1st, 2011

An instrument technician challenges his dismissal for having browsed the Internet for personal purposes, installed unauthorized software programs, one of which was used to monitor a colleague’s conduct, sent pirated software to his acquaintances and finally for having used the Internet to operate a personal business. According to the arbitrator, the employer had the right, considering his management rights, to hire an expert to examine the employee’s computer after noticing that it contained suspicious files. Finally, though the employee had over 19 years’ seniority and his actions had caused no irreparable damage to the employer, they were reprehensible to such a degree (time theft and violation of a colleague’s privacy) that they justified dismissal. Syndicat des travailleuses et travailleurs de Sucre Lantic - CSN v. Sucre Lantic Ltd (Mr. De Carufel) , 2010EXPT-698, DTE 2010T-186 (T.A.) Me Louise Viau


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