Searches by Employers

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In general, searches by employers of employee lockers, bags and the like, and searches of the employees person, are not permitted unless there is a real and substantial suspicion of theft or wrongdoing. In every case, the search must be based on reasonable grounds, must be conducted reasonably, and must be undertaken only if other less privacy invasive alternatives were insufficient, and the employee was informed of the search or reasonable steps to inform the employee were taken.

Searches are not acceptable if they are carried out randomly, or are done universally throughout the workplace, are targeted at one individual but based on circumstantial evidence or a suspicion that does not have a reasonable basis.

You might also consult an employment lawyer for legal advice through The Canadian Bar Association Lawyer Referral Service.

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