As the pandemic continues, and as we see more court decisions that analyze terminations that took place during the pandemic, we are gaining some clarity on how courts are viewing the impact the pandemic has had on a variety of factors.
The circumstances that an employer must accommodate continue to expand. After all, the workplace is no longer what it used to be. So, where does the duty to accommodate come from?
The right to disconnect refers to an employee’s right to disengage from work-related communications and other work outside of their normal working hours. Ontario enacted changes to the Employment Standards Act, 2000 (ESA) to enforce this right in organizations with 25 or more employees. The changes received royal assent on December 2, 2021, and require compliance by June 2, 2022.
At first blush, the right to disconnect may appear to be a labour and employment issue. However, IT departments will have significant roles to play in enabling compliance with the letter and spirit of the new requirements.
Organizations will be looking to their IT departments to implement technological or automated solutions. Employers around the globe have implemented solutions including the following, to comply with legislated or voluntary right to disconnect policies:
- Taking mail servers offline after business hours. Anyone emailing the organization receives an automated message that the server is