Employers may be surprised to learn that, whether they are aware of it or not, they could already have violated provisions of the Employment Standards Act, 2000 (“ESA”). As of June 2, 2022, employers who employed 25 or more employees on January 1, 2022 must have a written policy on “disconnecting from work”, which has been termed in the media as the ‘right to disconnect’.
Imagine you are the CEO of a marketing company. One of your employees, Nav, recently resigned and started freelancing her marketing services. Throughout her ten years of employment, Nav developed a close relationship with many of your company’s clients. One day, your client Sam calls to inform you that his firm will no longer require your company’s services. You later learn that Sam took his business to Nav.
Suppose an employer knows that its employee is working overtime, but that employee did not request permission from the employer to work overtime in advance. Is the employer responsible to pay the employee, when the employee seeks compensation for the overtime worked?