Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes
My employer is telling us to install a third party tracking app. I do not wish to do so.
Hello,
The Ontario Employment Standards Act, 2000 was recently changed to include a requirement that all employers with at least 25 employees have two new policies, one on the right to disconnect, and the other on electronic monitoring.
If your employer employs more than 25 workers, you should make sure to review these policies as they will explain what information is being monitored and for what purpose, and will set boundaries on when you can expect to not have to respond to work communications.
If, after reading the policies, you still do not want to install the monitoring program, you will have to explain how this is a substantial change your your employment terms. If monitoring does amount to a substantial change to which you do not consent, you may be able to claim that the change amounts to a constructive dismissal, which would entitle you to quite with your full severance.
Be sure to speak to one of the lawyers at Samfiru Tumarkin before claiming you have been constructively dismissed to receive tailored advice to your specific situation. We can help you determine if your employer's monitoring amounts to a constructive dismissal before you resign.
Regards,
Lluc Cerda
Lawyer
The Ontario Employment Standards Act, 2000 was recently changed to include a requirement that all employers with at least 25 employees have two new policies, one on the right to disconnect, and the other on electronic monitoring.
If your employer employs more than 25 workers, you should make sure to review these policies as they will explain what information is being monitored and for what purpose, and will set boundaries on when you can expect to not have to respond to work communications.
If, after reading the policies, you still do not want to install the monitoring program, you will have to explain how this is a substantial change your your employment terms. If monitoring does amount to a substantial change to which you do not consent, you may be able to claim that the change amounts to a constructive dismissal, which would entitle you to quite with your full severance.
Be sure to speak to one of the lawyers at Samfiru Tumarkin before claiming you have been constructively dismissed to receive tailored advice to your specific situation. We can help you determine if your employer's monitoring amounts to a constructive dismissal before you resign.
Regards,
Lluc Cerda
Lawyer