Blog

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.

Accommodation for the Use of Cannabis in the Workplace for Medicinal Purposes

Employers don't have to condone recreational cannabis usage at work, and they can put policies in place to prevent employees from working while high. But, for employees who use cannabis for medicinal purposes, because of a disability, or because of addiction, which also classifies as a disability, employers do have to accommodate to the point of unreasonable hardship.
Read More
no smoking in the workplace

Signs Regarding No Smoking in the Workplace

Amidst all of the discussion surrounding cannabis in the workplace, many employers may have missed…

Read More

Can A Claim Be Brought Even When There is A Full and Final Release?

The question that I ask today, and I will answer today, is whether, despite having that full and final release, a claim can be brought. And the simple answer is yes, there are circumstances where courts will allow someone to bring a claim even after they signed a full and final release.
Read More
Eating at Work for time off

Enforcing Employment Standards Act is not a constructive dismissal

It is not unusual to hear about workers that work through their lunch break in order to leave early and have a condensed work day, or to store up the extra time and be able to leave early on Friday, thereby creating a condensed work week. While this might sound good in theory, the problem is that it is a breach of employment standards legislation. And that exposes the employer to liability.
Read More
bill 47 coming soon

Bill 47, Making Ontario Open For Business Act, 2018

On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open For Business Act, 2018, which repeals many provisions of the previous Liberal government’s Fair Workplaces, Better Jobs Act, 2017 (commonly known as Bill 148).
Read More
hr law course

Advanced HR Law Course

Last week, the 2018 edition of the Osgoode Certificate in Advanced Human Resources Law for Senior HR Executives kicked off with the first two days of classes.
Read More

Damages In A Wrongful Dismissal Claim

In this case, I want to talk about the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
Read More

It’s Election Day – But It May Not Mean Extra Time Off From Work

Ontario employees who are eligible to vote are allowed 3 consecutive hours to do so without a reduction in pay. However, this may not mean extra time off - employers only have to make adjustments if an employee’s schedule today would not otherwise allow them the time to vote.
Read More
mitigation of damages

Employers Can Be Responsible for Significant Mitigation Costs

There are certain circumstances in which the duty to mitigate does not arise. The first is where there is a termination clause in an employee’s employment agreement which does not expressly require an employee to mitigate their damages during the applicable period of notice. The second is with respect to an employee’s minimum statutory entitlements under employment standards legislation, including an employee’s entitlement to notice/Termination Pay and Severance Pay, which an employee is entitled to receive regardless of their mitigation efforts.
Read More
Buying or Selling Your Business

Thanks But No Thanks: Can Employees of the Vendor Company Reject an Offer of Employment from a Purchaser?

There is a reason that corporate lawyers often ask for input from their employment law colleagues when a business is in the process of being sold. The issue of what happens to employees upon the sale of a company can be highly complex and depends on the nature of the sale.
Read More
come back after metoo

Don’t Call It A Comeback: What happens when the #metoo accused resurface

This time last year, comedian Louis CK's career was on top of the world. He had several television production deals in the works, his live appearances could sell out practically any venue, and he was beginning to take on dramatic film work as well. Then, as the #metoo movement began to gain steam, CK admitted to the truth of numerous accuser's stories - that he had committed numerous acts of sexual misconduct and indecent exposure. CK's career success came to an instant halt.
Read More

Personal Emergency Leave in Ontario

Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
Read More