Jon Pinkus, Toronto employment lawyer, talks right to disconnect at work

Interview Summary

Employers in Ontario are being asked to consider the work-life balance of their employees and ensure that there is a right to disconnect policy at their workplace. What will this mean in practical terms for employees on a daily basis? Does this new provincial legislation need more details?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Jeff McArthur on 640 Toronto to discuss employee rights and employer obligations in regards to the disconnect policy.

Interview Notes

• Defining the right to disconnect law: Under this new legislation, employers are obligated to have a right to disconnect policy in the workplace. Other than a right to know what a policy is, employees are not entitled to any other rights. This law does not change any previous laws on what constitutes a place of employment, hours of work, etc.
• Purpose of right to disconnect law: As employers will have to have a right to disconnect policy, it will force employers to be more transparent with their employees about their expectations. This legislation could also trigger discussions about when employees are off the clock or owed overtime pay. Employers should remember that the policy they choose to implement gives employees those specific rights.
• Responsibility of the employer to propose policy at work: Over the next few weeks, employees should expect to receive a copy of the right to disconnect policy.
• How employees can enforce their rights and push back against employer expectations: An employer has to implement an element or provision in their own policy to allow employees to pursue their own right to disconnect. Employers still have to give employees the right to disconnect.
• Right to disconnect laws in other countries: The law in Ontario was modelled on some laws that are currently implemented or legislated in European countries. Other countries could have also more generous employment standards than Canada currently has in place.