Employment Law

What will the right to disconnect mean for the average employee in Ontario?

A headshot of Employment Lawyer Mackenzie Irwin at Samfiru Tumarkin LLP, to the left of the logos for radio station 900 CHML in Hamilton and Samfiru Tumarkin LLP.

Interview Summary

Employees across the province of Ontario could potentially see their workplace dynamic shift as the right to disconnect policy goes into effect in the province. Many advocates of the policy hope it will ensure employees have a better life and work balance and prevent burnout. How will employers and employees enforce new disconnect policies in reality? Could there be unforeseen disadvantages for employees?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Scott Thompson on 900 CHML to discuss the right to disconnect policy and more on employee rights.

Interview Notes

  • Right to disconnect definition for employees: Employers have to have a right to disconnect policy in place but what the policy itself contains is up to the employer. The legislation itself doesn’t require employers to provide employees with the right to disconnect.
  • Details and specifics needed to enforce the right to disconnect policy: The purpose of the legislation seems to be to ensure employers start to think about the issue for their employees. The hope is that this legislation will ensure employers communicate their expectations to their staff.
  • Likelihood of right to disconnect policies being enforced: In many cases, employers might not enforce or outline specific details for employees. Employers that are giving employees certain disconnect expectations yet breach their own policy could run into legal difficulties,
  • Changing job market implications: Employers who prioritize a healthy work and life balance will retain more talent. There is currently a high demand for employees and so employees have much more bargaining power in outlining the expectations of their position.

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