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Secret Recordings in the Workplace – Helpful or Harmful?

In one 2023 decision, an Ontario court relied on a secret recording of a termination meeting in awarding the dismissed employee moral damages for bad conduct during the meeting. In a 2023 BC decision, on the other hand, the court found that surreptitious recordings taken by an employee in the workplace over the course of years constituted after acquired cause for the employee’s termination. Short answer? It depends. Aside from company policy, infringing on trust and privacy are some of the key considerations when evaluating whether a secret recording will be helpful or harmful to an employee’s legal case. A needed reminder to think twice, or get advice, before taking a secret recording when you suspect you may want evidence of something about to happen in the workplace.

Teljeur v. Aurora Hotel Group, 2023 ONSC 1324

Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373


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