Employment Law Show: Ontario – S10 E122

Episode Summary

What can my employer monitor in the workplace? Can my hours be reduced? Employment Lawyer Chris Justice, Associate at Samfiru Tumarkin LLP answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Electronic employee tracking and Bill 88: Employers in Ontario as of October 11, 2022, have to have an electronic monitoring policy in place if they employ more than 25 employees. This new legislation ensures that there is more transparency in the workplace. Employees have to be informed if they are being tracked, how, when, and what the information is being used for. Employers are within their rights to monitor employees electronically although there has to be a legitimate business reason.
• Employers are quietly firing employees at work: The concept of ‘quiet firing‘ takes place when an employer pressures or influences an employee to resign from their employment. Many employees have been experiencing more pressure from their employers since the start of the pandemic. Employers that force employees to resign have effectively terminated their employees. Resignations must be completely voluntary.
• Bad performance reviews and inaccurate criticism from an employer: Performance management and reviews are typically implemented by employers in order to build a case against an employee for an eventual termination for cause, or to ensure employees resign. Employees who feel that their reviews and criticisms are inaccurate should state, in writing, that the discipline and criticisms are misleading and inaccurate.
• Employer reducing hours of long-service employees: Employers do not have the power to change a fundamental term of employment for employees without their consent. A major change can be considered a dramatic reduction in pay, hours, demotion, etc. Changes without an employee’s approval can lead to constructive dismissal.

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