In other words, there is not sufficient evidence in the file that the company’s employees, and specifically the applicant, were aware that monitoring software had been installed by the employer and recorded in real time the employees’ communications on the company’s computers, produced statistical records of each employee’s Internet use and transcripts of the content of the communications exchanged by them, and could block their communication(…)Such a poorly-drafted “policy”, if existent, offered precious little protection to employees. In spite of its crucial importance for the outcome of the case, the majority did not care to consider the terms of the notice on the company’s alleged Internet surveillance policy. Taking into account the evidence before the Court, I cannot but consider that the notice did not identify the minimum elements of an Internet usage and surveillance policy, including the specific misconduct being monitored, the technical means of surveillance and the employee’s rights regarding the monitored materials.