Blog

2018 Year in Review

Sex, Drugs and…Termination Clauses?

While 2017 brought about sweeping changes to the Employment Standards Act, 2000, 2018…brought about sweeping changes to the Employment Standards Act, 2000. While 2017 brought about employer panic and confusion over the legalization of cannabis, 2018… continued to do much the same. For yet another year, we were treated to several judicial assessments of the enforceability of termination clauses, and we continued to see the quantums of human rights and other damages increase. In a sense, everything old is new again.

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.

bill 66 ESA

Seasons Change and So Do Employment Laws: What You Need To Know About April’s Bill 66

As we still work to digest the changes brought about by Bill 148 and Bill 47, we also have Bill 66, which was passed earlier in April.
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HRTO costs

Human Rights Tribunal of Ontario: No Authority to Awards Costs to a Successful Party

In the Human Rights Tribunal of Ontario, there is no authority to award costs to a successful party, no matter how frivolous the other party's position may have been.
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selfie workplace

But First, Let Me Take A Selfie: Why One New York Teacher Is Fighting Back

Employers cannot discriminate based on sex or gender, and so they should be implementing policies that are balanced and in line with current best practices.
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mediation limitation periods

Stop the Clock: Mediation and Limitation Periods

If you’re thinking about starting a claim and the deadline to file your suit may run out before you decide, entering into a mediation agreement could buy you some time.
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bad faith dismissal

Bad Faith in the Course of Dismissal: “The Damages Formerly Known as Wallace” are Still Relevant

If an employee can prove bad faith conduct by an employer in the manner of a dismissal, then the employee may be entitled to bad faith/moral damages.
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Hollywood in the Aftermath of the #MeToo Movement

It’s now 2019, and while Me Too is part of our vocabulary now, you may not hear it every day. But that doesn’t mean that it isn’t still making news.
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The Ontario Human Rights Tribunal: Remedies and Increasing Damages

Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.
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Condonation Full Disclosure

Condonation Requires Full Disclosure

An employee who owes a fiduciary duty to their employer is not entitled to just do as they are told by the dominant shareholder. Their duty is to their employer (the company) and not to any one shareholder.
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pink shirt day - anti bullying and harassment

Pink Shirt Day

On this February 27, we at Rudner Law wear pink not only in solidarity with that young boy, but with everyone who feels bullied or oppressed just because they dare to be different.
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Lessons Learned: What We Can Take Away From Aurora

It’s happened again, and it’s no less devastating each and every time. On February 15, 2019, a mass shooting at the Henry Pratt Company in Aurora, Illinois (roughly an hour from Chicago) left six people dead, including the shooter. Among those killed were a human resources manager, an HR intern in his first day on the job, a plant manager, a union chairman, and a stockroom attendant.
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accommodation in the workplace for family commitments

It Takes A Village: Ontario’s Human Rights Tribunal and the Lingering Debate over Accommodating Parental Responsibilities

Life as a working parent is never an easy balance. While parents from all walks of life manage to make it work out of necessity, there are inevitably some missed piano recitals or sporting events because of work commitments, and conversely missed work opportunities to ensure a cheering and supportive presence at the next hockey game. Yet when that hockey game is actually a doctor’s appointment, and no one else is available to take the child to the appointment, the priorities naturally shift from work to home.
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employment law review

2018 Year in Review: Sex, Drugs and…Termination Clauses?

While 2017 brought about sweeping changes to the Employment Standards Act, 2000, 2018...brought about sweeping changes to the Employment Standards Act, 2000. While 2017 brought about employer panic and confusion over the legalization of cannabis, 2018... continued to do much the same. For yet another year, we were treated to several judicial assessments of the enforceability of termination clauses, and we continued to see the quantums of human rights and other damages increase. In a sense, everything old is new again.
Read More