Electronic monitoring of employees and the approach that employers take is typically a reflection of management styles. Employee and electronic monitoring are not new. New, are obligations under legislated changes to the Employment Standards Act, 2000 (ESA) for organizations with 25 or more employees. The changes received royal assent on April 11, 2022, and require compliance by October 11, 2022.
Over the past couple of years, I have written about the story regarding the project manager involved at the work site where Metron Construction Incorporated (Metron) was repairing 18-story apartment buildings using a swing stage. The charges arose from an incident where five workers employed by Metron fell more than 100 feet to the ground when the swing stage on which they were working suddenly collapsed. Some developments in this matter have occurred.
The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.