My last question has to do with something you mentioned. I am referring to the proposed flexible work arrangements provisions and new subsection 177.1(3), which lists the grounds on which the employer may refuse to make the requested change.
As I see it, the scope is so broad that the employer could, practically speaking, refuse to grant any request at any time, without having to provide any sort of evidence. It would be very easy for the employer to claim that the requested change would have a detrimental impact on the quality or quantity of work in the establishment. What's more, the additional costs mentioned are not clear. The employer may even cite “any ground prescribed by regulation”, which will open the door to a myriad of excuses.
Why did you choose to cast such a wide net in terms of the employer's grounds for refusing a request, as opposed to limiting those grounds, thereby giving the employee a recourse mechanism at the end of the process? To my mind, recourse will be limited given how many excuses are available.