Employment lawyer on new Ontario legislation

Interview Summary

The Ontario government has recently announced new legislation that is passed will limit employers’ ability to communicate with their employees outside of their regular work hours, as well as a ban on non-compete clauses in employment contracts. What will these new changes mean for the workplace?

Alex Lucifero, an Ottawa employment lawyer and Partner at Samfiru Tumarkin LLP joined Bill Carroll on the Morning Rush on Newstalk 580 CFRA to discuss this legislation and more.

Interview Notes

Is it common for employees to be penalized by their employers for not responding after work hours?

Due to the pandemic, more employees are working remotely and the lines between work and home life have blurred. Many employees have also been laid off or let go so the remaining employees have experienced an increase in their workload. The right to disconnect law can hopefully reinstate a better balance for employees.

What are the current employment laws surrounding employees disconnecting?

Employees that are let go are generally owed severance entitlements however there is currently no right to disconnect laws in Canada. It is difficult for employers to terminate employees for cause in Ontario, and in order to do so, employees have to have exhibited serious misconduct. Expectations from employees can differ depending on the sector however most jobs work a regular nine to five workday. The terms of employment for most employees are set at the start of their job.

Are non-compete clauses common in the general workforce?

Non-competition clauses are not very common but the new legislation attempts to ban non-compete clauses. In many cases, non-competition clauses are not enforceable as the courts do not want more restrictions for employees in finding future employment. The length of the non-compete period, as well as the location, can be factors that influence whether or not the clause is enforceable.