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THE QUESTION
I work at a retail store and the company has been cracking down on staff using their phones while on shift. At first, they said we couldn’t have them on the sales floor, but they got upset that people were finding excuses to sneak into the back room to check their phones. Now the manager has implemented a new rule: she locks our phones in a box when we clock in and we don’t get them back until we clock out. We can’t even access our phones during our breaks. We’re told that our families can call the store if there’s an emergency. Is this legal?
THE FIRST ANSWER
George Huang, managing partner, Skyline Legal Group LLP, Calgary
It depends on the employment contract. Rules differ between provinces, but generally, Alberta’s Employment Standards Code does not give employees a general right to access personal devices during working hours or breaks. Employers have broad authority to set workplace rules about conduct, tools and personal belongings during a shift.
Regarding breaks, Alberta law requires employers to provide rest periods, but the Employment Standards Code defines a “rest period” as time during which an employee is relieved of duties. The Code does not guarantee that employees have access to their personal property during that time. So withholding phones during breaks is probably still within an employer’s legal rights, even if it feels intrusive.
However, if an employee has a documented medical condition that requires them to be reachable (for example, a family member on life support or a personal health condition requiring monitoring), denying phone access could engage human rights obligations under the Alberta Human Rights Act, which requires accommodation to the point of undue hardship. If employees work alone or in circumstances where a personal phone is a meaningful safety backup, there may be an argument under the Occupational Health and Safety Act, though most workplaces have adequate communication alternatives like a store phone.
If the employee has a legitimate personal reason why they need phone access (for example, medical or caregiving), document it and raise it with the manager or human resources as an accommodation request. If there is evidence that policy is being applied selectively or discriminatorily, that raises separate concerns.
It would be best to review your employment contract and consult with a legal professional familiar with employment law in your area to understand your rights and options in this situation.
THE SECOND ANSWER
Jonas McKay, lawyer, HHBG Lawyers - Employment Justice, Vancouver
Companies have discretion to make workplace policies. Companies can prohibit phone use for retail workers on shift. If the no-phone policy is being flouted, a company could create a phone lockup policy. The policy itself is probably not illegal.
That said, the company can’t force you to surrender your cell phone for lockup during your shift or during your break. The restriction on phone use during breaks is unreasonable. Breaks are your time, and the company does not have a right to keep your phone locked up during your break.
Companies can make a policy, but it remains up to you whether you comply, and then up to the company on how they deal with non-compliance.
Let’s look at the potential consequences if you don’t comply. If you refuse the phone lockup, but don’t use your phone during working hours (for example, just leave it in your locker), the refusal to surrender the phone should not give the employer grounds to dismiss you for just cause.
Keep in mind, however, that employers still have the right to fire without cause. A harsh employer could fire you for not surrendering your phone. While at law, the dismissal should be without cause, you are still out of a job with probably the bare minimum severance.
A more balanced approach for your company would be to prohibit the use of phones during work hours (breaks exempt) but not physically lock up the phones, and then discipline workers who breach the policy.
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