“Performance Management in the Hybrid Work Era” with Nancy Boyle and Nathalie Gonthier

Nancy Boyle and Nathalie Gonthier, our labour and employment lawyers, sat down with the Carrefour RH team to talk about performance management issues arising from telework’s growing popularity.

The pandemic has led to a fast growth of telework, raising legal issues, especially regarding employee monitoring and the right to disconnect.

During this podcast, Nathalie Gonthier explains the dynamics of Canada’s right to disconnect. "In terms of legal framework, very little has been done. In essence, the employer must have a written policy and make it available to all employees, but as far as the legal framework is concerned, there is no mandatory disconnection period. Therefore, a company could decide to set out in its policy that from 10:00 p.m. to 5:00 a.m., employees must not reply to emails or answer calls. But does that actually meet the objective?" she explains.

"These policies are also hard to implement because, within the same company, you will have different work schedules for different employees. You have on-call employees, emergencies, people who choose through teleworking to have non-standard hours. So, managing a disconnection policy can be complicated," says Nancy Boyle, Partner, Lawyer, Head of the Labour and Employment Group.