Video evidence found by the CSST: the employer had the right to have a copy

Release date: August 1st, 2014

A correctional services officer challenged her dismissal for having been involved in incompatible activities during an absence related to an occupational accident. The union objected to the introduction of videotaped surveillance, provided to the employer by the CSST, as evidence in the case. According to the arbitrator, the surveillance was conducted in compliance with the law, as the CSST felt it had to investigate after being informed by the employer that the employee was working in her restaurant during her absence. The CSST was allowed to forward its investigation report and the surveillance tape to the employer, who was not a third party in a given occupational injury case. The employer had the right to monitor the case of an injured employee who was not able to do her job and who was taken in charge by the CSST. The introduction of the videotape and the accompanying investigation report were admitted and the hearing regarding the merits of the case was postponed.

Syndicat des agents de la paix en services correctionnels du Québec v. Québec (Government of) (Ministère de la sécurité publique) 2014EXPT-700, DTE 2014T-263 (T.A.) Me Pierre St-Arnaud

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