Employment Law

Bell Canada resolves widespread May outage: Key rights for employees

A photo of ethernet cables being plugged into ports. (Photo: Thomas Jensen / Unsplash)

Is Bell Canada experiencing an outage?

No. Bell Canada has “fully resolved” a widespread service outage that affected tens of thousands of individuals.

On May 21, outage tracker Downdetector reported that 61 per cent of impacted Canadians were having problems with landline internet, 11 per cent grappled with mobile internet issues, and 28 per cent experienced a “total blackout.”

If an outage affects your ability to do your job, here are a few things that non-unionized employees need to be aware of.

SEE ALSO
Bell offering severance packages to staff, citing ‘unprecedented challenges’
Pocket Employment Lawyer: Real-time insights on your workplace rights

Can I be fired if my internet or phone service is down?

An employer can fire an employee if they’re unable to work because their internet or phone connection is down.

This is called a termination without cause. A worker can be fired in this manner for any reason as long as they are provided full severance pay, and the reasons for the termination aren’t discriminatory.


ℹ️ Want a quick overview on severance pay? Watch the video below or check out the full episode in our TV section.


What an employer can’t do is fire an employee for just cause for not being able to connect to work when the network is down.

A company would have to prove that they applied progressive disciplinary measures and that there was no lesser sanction available — terminating an employee with cause for not being able to connect to the network would be a grossly disproportionate response.

Do remote workers need to make up for any missed time due to an outage?

It ultimately depends on the type of work and compensation structure an employee is on. For instance:

  • Hourly rate employees: you simply wouldn’t put in for the time that you were disconnected and you wouldn’t be paid for it
  • Salaried employees: If you are expected to work 8 hours a day, you would have to make up the working time that is lost.

Can I be penalized for missing work because of connection issues?

Your employer can’t make substantial changes to your job because connection issues are preventing you from fulfilling specific duties remotely.

It’s illegal, and any major modifications to your employment can be treated as a termination of your relationship with the company.

An experience employment lawyer at Samfiru Tumarkin LLP can pursue a constructive dismissal claim to ensure you receive full severance pay.

ADDITIONAL RESOURCES
Can my employer make changes to my job in Ontario?
Job changes in Alberta: What employees need to know
Changes to your employment in B.C.: Your rights

Workplace issue? Talk to our team

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure you receive the compensation you deserve.

⛔  UNIONIZED? You must consult your union representative regarding termination, severance pay, and other workplace issues. These matters are governed by your collective bargaining agreement. By law, employment lawyers can’t represent unionized employees with these issues.

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Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and SHOULD NOT be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.

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