Reference no: EM133096875
A Toronto law firm has decided to implement finger-scanning technology as a way to monitor the location (and productivity) of its support staff, who are non-union. It announces that, from now on, all support staff will have to scan their fingerprints whenever they leave their work station. One of the administrative assistants asks you whether this is legal in Ontario. Advise her.
a. Does PIPEDA apply to this situation? Yes, No, why?
(Note: or this scenario, you need to explain base on privacy statue and common law)
2. Stuart had worked for a large aerospace company (with an annual payroll greater than $2.5 million) for 17.5 years. Over the past several years he had frequently been coached and had received written warnings, as well as a two-day suspension, for taking excessively long meal breaks and being late for shifts. More recently, Stuart had produced numerous faulty parts that did not meet with the precise specifications required in the employer's industry. Given his poor performance record, the employer decided to dismiss Stuart for just cause. Accordingly, the employer did not provide him with notice of termination or pay in lieu under either the ESA or the common law. Stuart sued the employer for both common law and statutory notice.
a. Do you think Stuart is entitled to notice under either the common law or the ESA? Support your answer.
b. Assume for this part of the question that Stuart is entitled to termination notice and, in addition, to severance pay under the ESA. If he earns $1,000 per week including vacation pay, how much does his employer owe him?