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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global award winner employment law

2019 Global Law Experts Annual Awards

Stuart and the team at Rudner Law are honoured to have been chosen for the Canadian Employment Law Firm of the Year for 2019 in the 2019 Global Law Experts Annual Awards.
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No Shakes Please, We’re British: Determining Appropriate Conduct in the Workplace

While certain behaviours are clearly never acceptable in the workplace, there may be a new culprit on the no-no list: handshakes.
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contract breach dismissal

Not Every Breach of Contract is Cause for Dismissal

Not every breach of an employment contract permits an employer to terminate the contract and dismiss the employee without notice. That is particularly true where the breach relates, effectively, to performance.
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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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