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Manufacturing;

"Swipe card" records inadmissible to prove time theft

Jurisdiction: - British Columbia
Sector: - Manufacturing;

In the recent arbitration decision Zellstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1, [2017] B.C.C.A.A.A. No. 53, an arbitrator excluded evidence obtained in breach of PIPA but allowed the employee's admission against interest procured after being presented with the excluded evidence. 

The employer terminated the grievor for time theft after learning his time cards did not align with the 'swipe card' records showing when the grievor entered and exited the building. The arbitrator accepted the union's argument that employees were not notified the swipe card records would be collected and used by the employer, and therefore the data was collected contrary to PIPA and should not be admitted. 

However, the arbitrator accepted the grievor's admission of time card discrepancies was admissible, despite the confession having been procured after being confronted with the swipe card records.   read more »