Time Theft & The Workplace – Blog by Jessica Pliszka
The Covid-19 pandemic forced many employees to work-from-home. Many continue to do so which has pushed the issue of time theft into the forefront. Many employers use time to mark and track productivity, and so when an employee does not use and track their working hours wisely often their productivity suffers. Time theft occurs when an employee is doing personal tasks on company time, and this behaviour becomes habitual. The employer ends up paying the employee for time that the employee did not work. Time theft can include a wide range of behaviour that can be characterized as personal such as taking unauthorized breaks, watching videos or movies that are not work related, using work hours to do personal tasks, or logging off early.
The issue of time theft has been widely publicized in the decision made by the British Columbia Civil Resolution Tribunal in Besse v. Reach CPA Inc., 2023 BCCRT 27. In this case, an accountant brought a claim against her employer for wrongful dismissal and severance in lieu of notice. The employer argued that the employee was terminated for cause due to time theft. Ultimately, the Tribunal found that the employer was successful because the company used a time-tracking program which accurately recorded the employee’s work activity. The Tribunal did not agree with all the reasons the employee provided which were all rebutted. There were 50.76 hours of unaccounted time on the employee’s timesheets, and thus the employee was ordered to pay back the employer for the hours that she did not work. A major flaw in the employee’s case was that she was completely unable to account for the missing time.
Takeaway for Employers
Although this is a positive decision for employers, they must be careful when claiming just cause as the threshold for just cause is very high, and dependant on the facts of each case. The employer was successful in this case because their evidence that time theft had occurred was undisputable, due to the accuracy of time-tracking software. Further, Ontario has policies surrounding electronic monitoring and employers must make sure that they are in compliance and up to date with those policies.
Takeaway for Employees
Employees should be aware if their employer has an electronic monitoring policy and must understand how the policy applies to them. Whether or not an employer has such a policy, one should be aware of how they are spending their time at work, if it is on work related tasks or on personal tasks, and to differentiate between the two. Further, it is good practice to track one’s own time to ensure that all time spent while on the clock, is on work-related tasks or other employer authorized tasks. This can also act as a shield if one’s time is questioned. Therefore, having one’s activities well documented can be useful.
If you are an employer or employee who has questions about time theft and policies surrounding electronic monitoring or any employment related issues, the team at Malicki Sanchez law is available to assist. Just email us at info@malickisanchezlaw.com or call us at 905-274-1650.
