Mackenzie Irwin, Canadian Justice, on right to disconnect legislation

Interview Summary

The Ontario government passed the Working for Workers Act that requires employers to establish a right to disconnect policy in the workplace as well as a ban on non-compete clauses in employment agreements. What does this legislation mean in practice for both employers and employees? Can the right to disconnect be enforced in the workplace?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joined host Christine Van Deyn on Canadian Justice to discuss the legislation and its repercussions.

Interview Notes

What does the right to disconnect legislation entail and what will it mean for employees?

The new legislation defines the disconnecting from work as not engaging in work communications outside of regular work hours. The purpose of the legislation is to ensure employers pay more attention to the blurring of lines between work and home life and have a policy in place to allow employees to disconnect.

How will the banning of certain clauses in employment contracts benefit employees?

The ban on these clauses is essentially solidifying the fact that most of these clauses were largely unenforceable. Courts largely did not look kindly on non-compete clauses but a complete ban will hopefully deter employers from enacting these causes at all.

If an employer violates their own disconnect policy, what are the consequences?

The Ontario government legislation has essentially given employers full reign in terms of what they can include in their disconnect policy and what they can exclude. Employers will be held to the policies they create. The legislation opens the door for employees to be able to enforce elements of the policy with the Ministry of Labour.

How does the right to disconnect legislation apply to high-performing individuals?

The Ontario legislation does not prohibit employees from working outside of the work hours of their own choice. This legislation however does apply to all employees, including management and executives. Employers can choose to create a policy that encompasses different positions.

Is this legislation is about a change to the law or a shift in culture?

The Ontario government seems to be taking a step towards spurring a cultural work shift although certain mandates have not been set as workplaces differ. Employers who prioritize a healthy work balance tend to be more successful and this legislation seems to be enforcing that conversation.