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Legislating the Right to Disconnect

The right to disconnect has been in the news lately following the release of the federal government’s report on their year-long consultations about modernizing the federal Canada Labour Code. Have a look at the full report: What We Heard: Modernizing Federal Labour Standards. 93% of respondents stated that employees should have the right to refuse to respond to work-related communication outside of working hours.

The french example

In France, the right to disconnect was enshrined in law in 2017. French workers in companies of more than 50 people have the right to turn off their work devices outside of working hours. The law was passed amidst concerns about unpaid overtime and increased employee burnout. Digital connectivity was slowly eroding leisure time. France is famously protective of leisure time and work there is highly regulated. The French also enjoy a minimum of five weeks of annual vacation and a standard 35-hour work week.

French companies have also reportedly taken matters into their own hands by creating workplace rules prohibiting or disabling email sent after hours and prohibiting the scheduling of meetings in the late afternoon.

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Secret Recordings in the Workplace

Technology has impacted our privacy in a myriad of ways. One crafty use of technology that we see more and more in workplace disputes, is employee made audio recordings. Employees are turning on their voice memo apps before they go into important meetings and covertly recording their conversations. While undeniably an audio recording is great evidence of what was said, the practice raises concerns and questions.

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After a Key Employee Leaves

Further to our post last week about key employees leaving, employers may wonder about risks to their business and options for recourse if that key employee leaves and sets up a competing shop next door.

There are three main potential risks presented by a departing key employee:

  • Misuse of employer confidential information
  • Setting up a competing business
  • Soliciting former employer customers
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Another Cannabis Update

This post is a quick update to our past posts on the legalization of cannabis. You can see everything we have written about the legalization of cannabis and how to prepare your workplace here.

More changes are afoot to Ontario’s planned rollout of recreational cannabis. The Doug Ford government has reversed the previous administration’s plan to sell cannabis through government-owned stores only. The latest is that cannabis will be available for sale through the government owed Ontario Cannabis Store online only on October 17, 2018. It is projected that private retailers will be able to sell recreational cannabis starting April 1, 2019. The private stores will be “tightly regulated.” The Ontario Cannabis Store will be the wholesale supplier to these private stores. Private stores currently selling cannabis are doing so illegally.

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