back to article Canadian owes bosses for 'time theft' after work-tracking app sinks tribunal bid

A woman in Canada failed in her claim for wrongful dismissal due to evidence from software designed to track her work time activity. As a well as losing the case — and failing in her efforts to secure C$5,000 ($3,729) compensation — she was ordered to pay her former employer, remote accounting services business Reach CPA, C$2, …

  1. zuckzuckgo

    If activity monitoring systems were required to provide the employee with daily or weekly reports, then the employee would have a chance to make the case that their work effort was being under reported before it became a condition of employment. Any monitoring data should be transparent to both the employee and employer.

    If employers believe employees are gaming the system then they need find a better system or go back to more traditional methods.

    1. Joe W Silver badge

      Older methods

      Time honed methods like shouting and micro managing, or hitting people with sticks...

      Failing that, try to hire people that are no air thieves (yeah, difficult). I think as long as we do all the work in reasonable time things are OK. It is up to my boss to clearly communicate if there are deadlines we are not aware of. Otherwise I'll prioritise the deadlines I know of.

    2. MatthewSt Silver badge

      Fully in agreement, but in this instance the article talks about the employee having to use the tracking software to enter timesheet information, so it doesn't look like it was hidden. She didn't record much information in it, and some of the information she did record was inaccurate.

      1. Anonymous Coward
        Anonymous Coward

        She did decline to explain

        "[...] her principal explained the discrepancies in hours and timesheet entries and offered her time to consider the information and get back to him." and she declined. Hhmmm....

        1. teknopaul

          Re: She did decline to explain

          Looks rather like she failed to deliver results. Also failed to complete hours trying to deliver results. Got caught and fired, and that would be the end of it if she hadn't tried to take to court despite knowing they had evidence.

          Hard to think ifs not a fair outcome.

          I dont feel it reflects badly on time tracking: those operating it, didn't use the data until they had their hand forced and were obliged to defend their position in court.

  2. petef

    Same old

    This software is similar to the older practice of time and motion monitors with their stopwatches and clipboards. Yes it does provide metrics but at what cost to employee motivation.

  3. Mayday
    Flame

    Two things

    1) if I ever hear of a place which uses this “TimeCamp” then there’s no chance I’ll ever work there.

    2) she’s blocked/closed/locked down her LinkedIn and other social media profiles. Can’t say I blame her. Her name is out there now and I can only imagine the “attention” she’s getting now.

    1. Pascal Monett Silver badge

      Re: Two things

      Well, she's going to have a lot of time for doing nothing now . . .

      Slacker got caught. No sympathy here.

    2. Potemkine! Silver badge

      Re: Two things

      Thanks to name shaming and the fact it will never disappear from the web, the consequences she has now to face are incommensurable for a relatively small offence.

  4. Jou (Mxyzptlk) Silver badge

    Such monitoring does not account for efficiency

    While that case of the article does hint her being inefficient, I know others who do the same amount of work in half of the time compared to other coworkers.

    In IT efficiency can have a 10:1 or more impact, by being able to script out things which others do manually with more mistakes.

    There are even cases where the customer knows that this one only worked for five hours, billed eight hours with a higher rate than someone else, but still pay happily since that someone else would still be double cost due to their "efficiency".

    1. Bebu

      Re: Such monitoring does not account for efficiency

      "In IT efficiency can have a 10:1 or more impact, by being able to script out things which others do manually with more mistakes."

      Having a long deep think about any action that seem to be a good idea (at the time) before really stuffing up could pay unquantifiable dividends. Group think is a clear and present danger here - just because everyone is doing it doesn't mean it is a great idea for your situation. Sometimes restraint is the best policy.

      I am certain corporate IT is littered with the expensive corpses of ill considered actions.

      This sort of monitoring, and the policies that it reinforces, promotes hasty actions with unforeseen and possibly catastrophic consequences. The purchaser of twitter might have benefited from this advice. :)

    2. AndrueC Silver badge
      Happy

      Re: Such monitoring does not account for efficiency

      In IT efficiency can have a 10:1 or more impact, by being able to script out things which others do manually with more mistakes.

      You gotta laugh.

      1. Jou (Mxyzptlk) Silver badge

        Re: Such monitoring does not account for efficiency

        Oh, that is a nice one! Explains why I still work as IT service provider. If I'd enter as a corporate IT employee I'd optimize myself out of the job :D. And, as you know from many El-Reg WhoMe and OnCalls: They only notice your efficiency once you are gone.

        1. chivo243 Silver badge
          Trollface

          Re: Such monitoring does not account for efficiency

          They only notice your efficiency once you are gone.

          One can hope that's what they notice!

  5. mark l 2 Silver badge

    Having worked in organisations that monitored how many support calls you answered in a day, I can tell you that such metrics don't tell the full picture. As one person could be stuck on a tricky call for a hour troubleshooting a problem where someone else answers 10 calls in the same period that were all trivial to resolve.

    And the person who got stuck on the long call was then punished for not meeting their hourly call answering targets. This resulted in people fobbing off the person on the end of the phone with quick 'fixes' which in know way would ever resolve the problem but would get the person off the phone so they could answer more calls.

    A real example of this was when a caller phoning to say they cannot connect to the internet was told to defrag their hard drive and call back when its finished, just so the support person could end the call and let someone else deal with it when they called back, since there were 90+ staff so there was little chance the caller would get the same support agent person again.

    1. Adrian 4

      "This resulted in people fobbing off the person on the end of the phone with quick 'fixes' which in know way would ever resolve the problem but would get the person off the phone so they could answer more calls."

      That's the intention of he policy, isnt it ?

      1. Roland6 Silver badge

        >That's the intention of he policy, isnt it ?

        Depends on whether its deliberate or unintended...

        If there is a premium cost per call and a minimum call charge then it is probably deliberate.

    2. Anonymous Coward
      Anonymous Coward

      Call Closure Rates

      I worked in Customer Support for ICL back in the 80's there was a well known progression of technical staff call rate progression, starting at 4-5 calls per-day ramping up quickly to 10-15 (we were a second line outfit) then becoming quite randomised with call rated varying from 1-3 per day up to 25 for the same employee. The reasons were simple and explainable. People initially needed lots of support to answer fairly simple problems, once they had their initial knowledge set embedded they would increase the call rate for common problems. Some people would then sit thee for the rest of their career, working 9-5 and doing a good job. People with more ambition would start to do pre-sales support and out of hour's implementations / upgrades on customer sites,this exposed us to the real world way our systems were being used and would often require incredibly in depth knowledge to understand why something that had worked on one machine . O/S version failed on the upgraded system.

      At this stage the 'common' problems were quite frankly boring and we would gravitate towards the 'hard to fix' issues which required more knowledge and more customer contact. We were also used on 'system dead' calls. if there was nothing interesting to look at and no major incidents in play we would support less experienced team members and help them grow their knowledge. Occasionally the call queue would start to get out of control and the experienced team members would blitz it for a couple of days to take the pressure off the team.

      Needless to say every time we had a change in management they would focus on call rates for a few months. We would then all focus on call rates until asked to focus on high priority calls again. things would then stabalise for 18 months until there was another change in management.

  6. Ashto5

    Thinking Time

    I can often just walk away from my PC in order to clear my mind and that is when the solution to a problem will present itself.

    How can you put something like that into a time sheet system, making a cup of tea allows your mind to relax.

    1. chivo243 Silver badge
      Thumb Up

      Re: Thinking Time

      20 years ago, my boss of the time would go have a cig break, which meant leaving the building. He would come back with a theory, and damned if they didn't usually work. I don't know if it was the fresh air, or change of scenery, but it seemed to work!

      1. Shooter
        Happy

        Re: Thinking Time

        Since he was gone for a cig break, we can guess it probably wasn't the fresh air!

        1. werdsmith Silver badge

          Re: Thinking Time

          These time recording systems don’t really fit with many work processes. I wouldn’t be surprised if 90% or more use creativity to make them fit what is required.

      2. willyslick

        Re: Thinking Time

        This was why I always tried to join the boss on a cig break - and I don't smoke! This was where the most important discussions took place....

        These days with 100% WFH this is proving more of a challenge ;>)

        1. Jou (Mxyzptlk) Silver badge

          Re: Thinking Time

          > 100% WFH

          What is WFH?

    2. M.V. Lipvig Silver badge

      Re: Thinking Time

      Offsite meeting, of course.

  7. chivo243 Silver badge
    Flame

    Nice software for niche workers?

    This time tracking your work nonsense was proposed at a place I worked at by my newly hired boss at the time. After implementation, productivity took a nose dive. When staff evaluations came around, this was a talking point on everyone's evaluation. Once it was all pieced together, it turned out that the lost productivity on our jobs was put into entering in what we did, instead of moving on the next fire...

  8. RobThBay

    I got fed up with the workplace monitoring by my former employer and quit. They believed the AI was always right and when I proved the AI was wrong (on many ocassions) I was accused of being overly sensitive.

    The supervisors couldn't do the type of work we did, but they thought they were experts because they knew how use google and youtube.

    Needless to say the high staff turnover rate continues.

  9. Anonymous Coward
    Anonymous Coward

    The most efficient often lose out

    “Have you got time to sit around and gab?”

    “Well, yes I do, actually”

    Also

    In Project Land, people who always deliver on time or early with no fuss rarely get noticed.

    1. Jou (Mxyzptlk) Silver badge

      Re: The most efficient often lose out

      > In Project Land, people who always deliver on time or early with no fuss rarely get noticed.

      I'm lucky, I DO get noticed for project planning that includes buffer for unforseen and for running projects without causing too much friction. Just had one project last year where Intel 10/1 GBit Fibre LAN cards showed the bug behaviour of not being able to connect 1 GBit SFP modules on the switch, even though other servers with (nearly) the same cards and other switches can, including swapping the SFP modules around, and including all manuals and documentations stating that this card switches back to 1 GBit automatically with the SFP modules used. Until we actually KNEW what the problem was we simply had no connection, no link light. The project planning work "man days" was from me, and after it was solved we were still WITHIN my planning regarding billable hours to the customer.

      Other projects were finished a lot faster.

      Since I am not the only one doing projects with those customers, like I said, it does get noticed.

      (Addendum: Four 10 GBit links, always two combined as fail-over with an addition copper 1 GBit fallback (yes, on Windows Server), and two of the four fibre links showed that bug behaviour.)

  10. Press any key
    Flame

    European Labor resistance?

    The European council needn't worry about labor resistance, labour resistance would be more of a problem in the EU.

    Icon, because I'm ready for it.

    1. Anonymous Coward
      Anonymous Coward

      Re: European Labor resistance?

      Well, no more an issue since Brexit...

      The Labour is stuck in UK and won't be allowed to contaminate the Continent!

  11. Boolian

    Tickover tickoff

    Monitoring nonsense pervades all jobs.

    Many moons ago, still drooling over the newfangled work vehicle tracking (you've been caught parked up at Greggs taking an unscheduled Steak Bake Break!)

    next up - power tools were fitted with telemetry for monitoring productivity.

    No vibration recorded = probably skiving. Naturally, the tools were soon heaved into the flat bed and left ticking over, whenever the call of the pastie proved irresistable to the hard-pressed, surveilled workies.

    No problem, the software was tweaked to distinguish between idle tickover and fluctuating revs... tut-tut, naughty workie.

    The point of the monitoring matter, is that the company was paying a new department and staffers, in order to monitor a handful of understaffed workies. They could have invested in more, skilled labourers and increased productivity (and morale)- but that is not the modern way.

    Their reliance on all things IT and monitoring, also ran into a travelling salesman problem, after introdicing JIT logistics software; whereby job allocations were automatically awarded on a first-team-available basis. This resultied in squads spending more time passing one another acrross country, to jobs within 5 minutes of where the other squad had just been - farcical, but it is the new normal.

    Manglement continued to insist their new productivity monitoring and logistics was working beautifully, right up until liquidation.

    The point? Evangelical productivity monitoring, is mostly bullshit job creation - in out the rain and no heavy lifting. It's a brave new world and you are all welcome to it.

  12. Tempest

    NOTHING NEW

    Way, way back l used to work for MDS (Mohawk Data Sciences - RIP) and one weekly overtime task was moving "Stroke Counters" around the tens of data entry machines used by OHIP and Ontario Hydro.

    This might seem like a minor matter given that so many people live on smartphones during the working hours these days, but union/government contracts specified equipment details and they specifically excluded production measurement.

  13. lvm
    Devil

    Excuse me while I die laughing

    "because she felt unproductive and that she was not performing as well as she should have been". How can anyone lie like that in court and get away with it?

  14. Tubz Silver badge

    and when the time management software reports that you are going over your contracted hours and the bosses owe you thousands, good luck getting it paid, I hear the words "voluntary unpaid overtime" to ensure you meet performance targets!

    1. Jou (Mxyzptlk) Silver badge

      > voluntary unpaid overtime

      USA? Must be USA.

  15. Johnb89

    Don't need AI to see if a file was opened

    --> Analysis of the TimeCamp data showed she had made a timesheet entry for a file she had not worked on,

    This line in the article makes it simple to me. You don't need AI to detect this, and it is black and white (presuming its verifiably true). She got caught because she was dumb.

    Also, accountants historically bill by the hour... efficience doesn't enter into it directly. They aren't paid to have ideas per se, or to do work, they are paid by the hour.

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