Employment Law

Cyber attacks on car dealerships lead to reduction in employee hours: Alex Lucifero on CTV News


Interview Summary

Several car dealerships across North America have been dealing with the impact of cyber attacks. As a result, many have expressed concerns about delays in aiding customers. Will these attacks result in a loss of pay or hours for employees? What are employer obligations regarding employee privacy?

Alex Lucifero, an Ontario employment lawyer and Partner at Samfiru Tumarkin LLP joined CTV News Ottawa to discuss the rights of employees and employer expectations.

Interview Notes

  • Employee hours changed by an employer: Lucifero cautioned that employers could not change an employer’s hours significantly. “This is called a constructive dismissal. A constructive dismissal means an employer has made a major change to the terms of an employee’s job.” This would be a breach of contract that would allow the employee to treat their employment as terminated.
  • An exception to the rules: “If we’re talking about a very short-term issue, such as a problem with the software of a company or a power outage resulting in a couple of hours of missed work, that’s not going to be considered a constructive dismissal,” Lucifero explained.
  • Recourse for employees: Lucifero stated that employees should consider short-term versus long-term. “It’s going to be difficult to sue your employer for a short-term emergency situation as they are not really the ones to blame.”

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