Sometimes, employers allow employees to arrive at work later
than their official start time. Employers can take comfort in the
fact that this occasional permissiveness does not mean that
employees can demand a later start time.
In Peternel v. Custom Granite & Marble
Ltd., 2019 ONSC 5064, the Ontario Divisional Court held
that an employer’s flexibility regarding start times does not
modify the employment agreement.
The Decision
The plaintiff was employed by the defendant as a scheduler for
three and a half years before going on maternity leave. Pursuant to
an oral employment agreement, her hours were 8:30 a.m. to 4:30 p.m.
The employee had two young children who required early morning
care. Prior to the employee’s maternity leave for her third
child, the employer was lenient about the employee’s start
time to allow her to attend to these child care needs. However, the
employee was expected to, and did, attend early morning meetings
when asked to do so. The
