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Legal Influencer

Stuart Rudner recognised as Legal Influencer in Canadian HR Law by Lexology

Stuart has been recognised as the only Legal Influencer in Canadian HR Law in the first Lexology Awards, announced in October 2018.

Relying on a bespoke automated process to analyse Lexology data, the Lexology Awards reward those who produce great legal content for their subscribers. At the end of each quarter, individual authors are recognised as Legal Influencers, and law firms or contributors as Thought Leaders.

mediation mistakes

Mediation Mistakes: What Are Counsel Doing Wrong?

In many cases, lawyers are failing to use mediation effectively and doing a disservice to their clients.
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potential discrimination

When does hiring the “right person” for the job lead to potential discrimination?

When companies overlook an over-qualified visible minority for one that’s the “right fit", it can lead to potential discrimination.
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body art dress codes

Body Art and Dress Codes: How Much Say Does an Employer Have?

Are employers allowed to ask employees to cover up visible tattoos while on the job? Generally speaking, employers are entitled to set the rules of the workplace. However, there must always be a balance between personal rights and legitimate business interests.
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contracts length of service

Employee’s Length of Service Not Interrupted by Creative Use of “New” Corporate Structures

The Ontario Court of Appeal recently released a decision confirming that courts will not be fooled by different corporate structures when an employee has, in reality, been employed with the same employer for years.
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mitigate damages

Employee Refuses to Return to Work After Illegal Layoff – Court Finds Failure to Mitigate

Losing a job is nerve-wrecking for most people. Employees must be careful, however, because they have a duty to mitigate their damages by taking reasonable steps to find comparable employment. Otherwise, their entitlement to damages for wrongful dismissal may be substantially reduced.
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mediation joint sessions

Better Together? The Pros and Cons of Mediation Joint Sessions

In many cases, having parties greet each other and spend a brief period of time in the same room helps to personalize the matter. That said, I always invite counsel to let me know if, due to the nature of the case or other circumstances, this would be counterproductive.
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cannabis safety

Can’t measure impairment, can’t manage safety risks, won’t hire medical cannabis user.

Employers are required to accommodate individuals to the point of “undue hardship”, where the need for accommodation relates to a ground protected by human rights legislation.
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aggravated damages

Crocodile Tears Are Not Enough: Court of Appeal Confirms High Bar for Awarding Aggravated Damages

While being terminated from one’s employment can undoubtedly lead to emotional upset, the law does not recognize mental states that fall short of injury.
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privacy breach

The Who, What, When, Where & Why of PIPEDA’s Mandatory Security Breach Reporting

Employers would be well-advised to ensure they have written policies and procedures in place to adequately handle privacy breaches.
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employee sleeping

Asleep At The Wheel: Why A Dozing Employee Received One Restless Slumber

This case is another in a long list of cautionary tales where employers have been penalized for acting hastily and failing to conduct an investigation before dismissing an employee for alleged misconduct.
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Mental Health Week – Mental Health and the Workplace

As employment lawyers, we see every day the impact that mental health has on the Canadian workplace.
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cannabis at work

Highs and Lows: Cannabis Legalization Doesn’t Mean You Can Be High at Work

Employees: do not confuse the change in criminal laws with any change at work; they are two very different concepts and showing up high at work could cost you your job.
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