Employment Lawyer Mackenzie Irwin on the Right to Disconnect

Interview Summary

With more employees working from home as a result of the pandemic, employer expectations have changed as the workplace has shifted to a different model. While working from home has its disadvantages, employees across the country have also discovered they are working longer hours and it has become more difficult to disconnect from work.

Mackenzie Irwin, an employment lawyer and Associate at Samfiru Tumarkin LLP spoke with Global News Radio 640 Toronto’s Jeff McArthur to discuss employer accommodations and an employee’s right to disconnect.

Interview Notes

Are employees expressing concerns of disconnecting while working from home?

As technology has advanced and adapted to the needs of employees working remotely, employers have increased their demands and expectations of employees. Many employees are working longer hours as a result.

Why are employees not disconnecting from their jobs while working remotely?

Many employees have found the barrier between work and personal time to have slowly disintegrated over the course of the past year. Employees also feel a sense of obligation to their employer’s expectations and some feel guilty when they are not being productive.

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Right-to-Disconnect Rules for Employees in the Spotlight

Should there be legal protection for employees working from home?

Currently, there are no employment laws in place for employees’ rights to disconnect and set firm work-from-home boundaries with their employers.  As some workplaces shift to a permanent remote work environment, employers could establish policies to promote mental health in their workplace. Instituting policies could also protect employers from potential overtime claims for compensation. There is currently legislation in place in certain countries regarding the number of hours a week employees can work.

Does an inability to disconnect have potential health consequences for employees?

Employees have expressed concerns over mental health conditions as a result of working longer hours. If an employee feels their health has been significantly impacted, a doctor’s note affirming their health condition will ensure their needs have to be accommodated. Employees should also keep a detailed record of the amount of hours worked in a week and express concerns with their employer in writing.

Can employees express their concerns with their employer without fear of reprisal?

Employees are within their rights to communicate their concerns with their employer and should do so in writing. The Employment Standards Act protects employees who are working longer hours and wish to be compensated. Employers are also not permitted to penalize employees for asserting their rights.