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The Law of Work
Law of Work Archive

Sniffer Dogs and the Workplace?

by David Doorey May 20, 2008
written by David Doorey May 20, 2008

Did you see the Supreme Court of Canada decision last month dealing with the use of police drug sniffing dogs at a high school? It reminded me of a case I had once when I practiced law in which an employer had requested the RCMP conduct a sniffer dog search of employee lockers because it suspected some employees might be selling drugs at the workplace. When the dog sniffed something funny, the employer opened an employee’s locker, found a marijuana joint, and terminated the employee. My case settled, but do you think that an employer should be able to have the police do this? Think of the police dog as an officer with “x-ray” vision. Should the superhero cop be permitted to look through doors and fabric to search places that a human officer would need a warrant to search?
A key issue in workplace disputes would be whether employees have a reasonable expectation of privacy at work. Do employees have an expectation of privacy in their workplace lockers? In their backpacks they store at work? There is a good body of arbitration case law dealing with the issue of when a unionized employer can search employees. The topic is canvassed thoroughly in “Brown and Beatty” (Canadian Labour Arbitration), Section 7:3625 Personal Privacy. As a general rule, arbitrators have ruled that there exists a general right to privacy at work, and that an employer must be able to show some good reason to justify infringing upon that privacy. Random sweeps of workplace lockers or personal bags absent evidence of a particular problem at the workplace (such as drug use, theft, etc.) are usually not permitted.
Here’s a tougher question: How would employees in non-union workplaces challenge an employer who insists on conducting physical, locker, or bag searches?

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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Kevin Gentile November 16, 2020 - 11:54 pm

My work place at a Fluor Constructors site in Kitimat BC was searched by a drug sniffing dog today. They found small traces in a number of lunch bags in our trailers. I am very upset that they would do such a thing without having just cause to do so. What can I and my fellow workers to to stop this practice and do I have grounds for a lawsuit against the company?

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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I can’t believe that Almost Famous came out 23 years ago.

Time is flying by.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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I had an LLM student who had a part-time job phantom writing labor arbitration decisions based on arbitrator’s notes and instructions.

Like law clerks do for judges (except parties don’t know about the phantom arb writer).

Is using a machine different? Interesting debate.

Valerio De Stefano @valeriodeste

The crucial part starts on p. 5, where the Court reports the answers to the legal questions they posed to ChatGPT. Then, at the end of p. 6, the Court adopts the arguments given in these answers as grounds for its decision.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
11h

Quebec passed anti-scab legislation in 1977, BC in 1993, & Ontario 1993-95.

Hysterical claims that these laws cause job losses & loss of investment aren't supported by evidence. Businesses just don't like them.

Short 🧵

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Seamus O'Regan Jr @SeamusORegan

We’re banning replacement workers, as we said on Oct. 19th.

We’re working with unions and employers to get the balance right.

As agreed, government will introduce legislation by the end of this year.

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