1. Do you agree with how Laura handled this situation? If so, why? If not, what would you have done differently?

Considering Laura's situation and having learned that the company does not have an updated human resource management policy, I would agree with Laura's approach. In my opinion, without an appropriate computer use guideline or inappropriate use outline, one cannot hold someone responsible for disobeying the policy. However, I would definitely have tried to convey the incident to the management as an anonymous report, provided the company respected the right of the whistle blowers.

2. Is it important for this company to have such a policy in place? If so, how can the employment (labour) standards act in your province/territory help in drafting a policy on appropriate computer use?

Computer is assigned to an employee solely to conduct company business. Using internet through computer for personal recreation is not only the violation of office decorum but also contains the risk of security breach. Virus or spyware/malware might contaminate the confidential company information. Spyware can allow unauthorized access the company password and other important information. These days, internet provides us with one click solution to all, as well as broaden the possibility of risk, especially when used to reach any pornographic or otherwise immoral, unethical website. This kind of practice in work place can result in embarrassment, sexual harassment, discomfort and dissatisfaction. Even if the management does not care whether the employee spending time online or not, the employee must know that there are certain web sites which should be kept off limits. This is a question of value and ethics. Still, in the real world, there are unethical people who will visit those forbidden sites and use the internet to conduct their personal business, such as sending emails to family and friends. The employees who look for a chance to exploit the fact that the organization does not have a computer usage policy, a policy must be in place and enforced. As mentioned in our case study, Laura could not report her director of marketing knowing that there was no policy to back her up. Even if she had reported the incident, the person would have been excused on the ground of not knowing what he had done wrong. An employer can monitor the email and internet use of an employee as long as there is an appropriate policy and is being established, enforced, and communicated to the employees. Computer usage policy conveys the employees that the employer expects them to work, not to browse the Internet or write personal e-mails on company time. The policy should be non-discriminatory and strictly prohibits the non-business communication and it must be enforced through employee education, monitoring and appropriate discipline. While drafting a policy for computer use, the employer must use the Personal Information Protection and Electronic Documents Act (PIPEDA) as a guideline for federally regulated private sector employees. The privacy legislation in Canada provides the reasonable consent and transparency. The Employment Standards Act (ESA) establishes the fundamental business relationship between employer and employee and sets the minimum standards of employment. Consequences of a breach of the policy could include discipline up to and including termination and charged for discrimination and sexual harassment under the ESA. ESA also protects the right of awareness of employees, under which an employer must train and educate the employees about the policies, regulations and legislation. The Employment Standards Act Ontario establishes minimum terms and conditions for workplaces under its jurisdiction. If there is a complaint against a violation, the ministry of labour will investigate and follow the proper procedure to neutralize the situation. It is an acknowledged guideline of legislation to follow to draft a computer use policy in a company. Organisations are encouraged to foster an environment where employees are assured that the privacy of their communications will be respected as long as they abide by the organisation's policy. Balancing the legitimate interests of organisations and employees may be difficult and this balance may vary in different organisations. Policy or practice which leads employees to believe that their privacy in the workplace is not respected may be regarded as intrusive and oppressive and have a negative impact on morale and productivity. On the other hand, lack of regulations might lead the organization to reduced productivity and employee dissatisfaction.