NEW: Right to Disconnect Policies are being considered Federally and Regulations are anticipated Provincially
- As of June 2nd, 2022, Provincially regulated employers in Ontario with more than 25 employees will be required to implement a written policy that provides their employees with the right to disconnect from all forms of work communications and be free from the performance of work.
- Questions however remain about 24/7 operations, standby positions, emergencies, managers, supervisors and executives, as well as those categories of employees who are otherwise excluded from certain portions of the Employment Standards Act, 2000 (“ESA”).
- Employers are therefore advised to await the anticipated Regulations before publishing any such policies, as it is believed that further clarity to the above questions will be addressed through the Regulations.
- Also, the Federal Government is currently considering similar legislation for federally regulated workplaces and our office will continue to track these developments closely.
NEW: Provincial Legislation announced yesterday will require employers to disclose all forms of electronic monitoring to employees
- On February 24, 2022, the Ontario Government announced the introduction of legislation that will require employers to disclose all forms of electronic monitoring systems to their employees.
- Employers with over 25 employees will need to create a written Electronic Monitoring Policy, which informs employees and any monitoring systems in place – including the tracking of any computer systems, mobile devices, tablets, GPS systems and the like. The policy will also need to provide how the monitoring is being conducted, its extent and when the monitoring occurs, be it either continuous or only during work hours.
- Many organizations have implemented workplace monitoring and compliance systems to ensure the security and integrity of their commercial data. Fortunately, the policy does not prevent the use of such technologies but promotes transparency in ensuring employees are made aware of its use.
- For more information, the news release from the province can be found here (Ontario Requiring Employers to Disclose Electronic Monitoring | Ontario Newsroom).
- In addition, Ritesh Kotak, a cybersecurity and technology expert and member of our firm, provided an interview to CP24 on what this means for workplaces. The clip can be found here Ont. to require employers to disclose monitoring | CP24.com.
Ontario Easing COVID-19 Restrictions – What this means for employers?
- The Ontario Government has announced that proof of vaccination will no longer be required from March 1, 2022, ushering in a flurry of questions around whether it remains reasonable and/or necessary to still enforce vaccination policies in the workplace.
- Furthermore, with the reduction in the availability of tests, employers may receive more requests to revisit their existing vaccination and testing policies and in some but not all circumstances, it may be reasonable to revisit the current extent and application of these policies, bearing in mind that as seen in arbitral jurisprudence, context and reasonableness are likely to remain guiding principles.
- We will continue to track these and any other changes as these are made know.
Written by Ayushi Dave, Ritesh Kotak and Nic Preston
For specific questions, please feel free to reach out to us directly at – nic@leclairandassociates.ca (519) 859 6015
