Employee Taking Videos of Customer Results in Termination for Cause

November 2019

Barry W. Kwasniewski

On September 30, 2019, the Court of Queen’s Bench of New Brunswick (the “Court”) released its decision in Durant v Aviation A. Auto Inc. (“Durant”), finding that an employee’s surreptitious taking of photograph and videos of a female customer without her consent or knowledge constituted just cause for the employee’s dismissal from employment. In this motion for summary judgment, the Court applied a contextual approach to determine that the employee, Robert Durant’s (“Mr. Durant”) misconduct was egregious as it invaded the female customer’s privacy, which was incompatible with Mr. Durant’s employment obligations towards his employer, Aviation A. Auto Inc. This Charity & NFP Law Bulletin summarizes the Court’s reasoning in Durant, the principles of which are relevant to charities and not-for-profits as employers. 

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 458.

Read the November 2019 Charity & NFP Law Update

Recent Developments in IT Law Affecting Charities and NFPs 
CRA News 
-   Update to the Guide for Completing Form T3010 Registered Charity Information Return 
Legislation Update 
-   Ontario Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019, Receives Royal Assent 
-   Schedule 31 of Ontario Bill 100, Protecting What Matters Most Act (Budget Measures), 2019 Proclaimed into Force
-   Ontario Bill 138, Plan to Build Ontario Together Act, 2019 at Second Reading
-   Ontario Bill 136, Provincial Animal Welfare Services Act, 2019, Second Reading Debates
-   Part X of the Child, Youth and Family Services Act, 2017 (Ontario) Coming into Force
Corporate Update 
-   Amendments to Nova Scotia's Co-operative Associations Act
-   Proposed Amendments to Ontario's Co-Operative Corporations Act 
CRA Indicates Meals Supplied by Charities to Seniors Are Not Generally Taxable
Alberta Court Finds Society's By-law Invalid due to Inadequate Approval
Ontario Court Reluctant to Intervene in Seminary Board Dispute 
Employee Taking Videos of Customer Results in Termination for Cause
Privacy Law Update 
-   One Year Anniversary - OPC Reviews the First Full Year of Mandatory Data Breach Reporting and Recordkeeping Requirements 
-   Canadian Bar Association Submissions on Privacy Act Modernization
Accessibility Compliance Reporting and Accessible Websites Deadlines Approaching 
Ontario Nonprofit Network Publishes Report on Sector Survey
Imagine Canada Publishes Report on Corporate Community Contributions 
The 26th Annual Church & Charity Law Seminar November 7, 2019
 
 

 

 

 

 

 

 

 

 

 

 

 

 
 

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