Technology has made it easier than ever to monitor how work gets done. With the rise of hybrid and remote work, digital productivity tools, and AI‑enabled systems, workplace monitoring has become a key compliance issue for Ontario employers.
Ontario does not have a single, comprehensive statute governing employee privacy in the workplace. However, under the Employment Standards Act, 2000 (“ESA”), employers with 25 or
Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?
Continue Reading Navigating Disability Accommodation Requests: Balancing Privacy and Information
Across Canada, government mandates regarding masking and vaccination are lifting. In Ontario, vaccine passports are no longer required as of March 1 and masking mandates were lifted as of March 21. Employers who previously rolled out vaccination policies may be wondering what these wider government changes mean for their workplace policies.
Is A Vaccination Policy Necessary?
The shift in governmental approach towards COVID-19 safety protocols will likely mean that employers looking to justify invasions of employee privacy – i.e. disclosing vaccination status – based on reasonable health and safety concerns will be less able to do so. This is because the consensus, as evidenced by the change in government mandates, is that maybe this need is not based on a legitimate health and safety concern. This may vary depending on the workplace, but we note that even the employee vaccination mandate for long-term care homes – which was legally required – has been lifted.
Continue Reading What Does the End of Provincial Covid-19 Safety Measures Mean for Workplace Policies?