CHEECH AND CHONG WOULD APPROVE OF THIS RULING

A Toronto construction manager who surreptitiously videotaped two
employees in their pickup truck during a lunch break, and later
accused them of smoking marijuana, violated their rights to privacy,
the Ontario Labour Relations Board has ruled.

The videotape is not admissible as evidence in a hearing to determine
whether the employer was justified in firing the two, although the
manager's first-hand observations will be considered, the labour board
said.

A summary of the case, reported this week in a labour law bulletin
published by Toronto-based Lancaster House, said Canadian arbitrators
are divided on how far employers can go in investigating suspected
wrongdoing.

In the case of the Toronto construction workers, The labour board said
the employer has the right to monitor on-the-job performance and
behaviour, but does not have the right to place employees under
surveillance on their own time.