Nabbed thanks to a GPS

Release date: March 1st, 2011

A truck driver is dismissed for altering his travel logs and stealing time by prolonging his rest periods and meal breaks. The union challenged the admissibility of the evidence collected through the use of a satellite positioning system, claiming various violations of the Charter and of section 43 of the Act to establish a legal framework for information technology. According to the arbitrator, the system used by the employer only collects data concerning the truck, not data concerning the employee’s activities. Since this system does not subject the employee to constant visual surveillance and does not provide real-time monitoring of the truck’s location, its use is reasonable, in addition to being as non-intrusive as possible. Consequently, the evidence is admissible, and the grievance is rejected. Travailleuses et travailleurs unis de l’alimentation et du commerce, Local 501 v. Provigo Distribution Inc. (St-François Distribution Centre) (A. Carrière), DTE 2009T-712 (T.A.) Me Jean-Louis Dubé


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