Employment lawyer on employee monitoring and new Ontario legislation

Interview Summary

The Ontario government has introduced legislation that could provide more protections for employees working from home. Under Bill 88 (Working for Workers Act, 2022), employers would have to inform employees if they are being electronically monitored while working remotely. Will this impact employees significantly?

Alex Lucifero, an Ottawa employment lawyer and managing partner at Samfiru Tumarkin LLP, spoke with Leslie Roberts on Newstalk 580 CFRA to answer this question and more.

Interview Notes

• Are employers and companies currently tracking employees electronically?
• What can the tracking software monitor while employees are working from home?

Are employers able to dismiss employees based on the behaviour and performance they have monitored?

It is important to keep in mind that for non-unionized employees, employers are able to terminate employees for any reason as long as adequate severance is offered. It is very difficult to prove termination for cause particularly based on performance.

• What are employee rights if they do not wish to return to the office?
• Can employers impose a pay cut for employees who wish to continue working from home?