Rudner Law Blog

Constructive dismissal is triggered when an employer makes substantial changes to fundamental terms of the employment relationship without having the right to make those changes, or without the employee’s consent.

Picture it: your employment comes to an end. You believe you are owed money. You threaten to reveal secrets that would hurt the company’s reputation. You’re sued for defamation. You argue that the information is in the public interest. Et voila, SLAPP.

Knowing more information about an employee than is necessary can expose employers to substantial liability.

Our 2024 Year in Review continues. We are in an HR Law Era where our courts remain concerned with the power imbalance in the employment relationship and will find ways to help employees.

Our HR Law Eras Tour “set list” takes us through 2024’s notable decisions and developments, with the goal of providing employers and employees with a map of the current landscape that allows them to navigate the challenges ahead.

There is a fairly widespread myth that dismissed employees are entitled to one month of notice per each year of service. However, there is no formula for calculating common law entitlements, and the length of reasonable notice that an employee is entitled to depends on many different factors, not just the length of service. In some cases, the entitlement can be far more than you might think.

The Ontario government has provided clarification on a few notable changes introduced in Bill 190 and earlier legislative updates.

New job posting requirements will only apply to employers with 25 or more employees on the day the publicly advertised job posting is posted.

Employment is a legal relationship. The good news is that this means you can protect yourself in the event of a layoff.

Employees who are induced, then subsequently dismissed, are entitled to an extended notice period, similar to how seasonal employment would extend a notice period.

While seasons matter in employment law, good contracts are evergreen. This is true even for seemingly temporary seasonal employees.

Nearly everyone has used a rideshare app to get where they need to go or a food delivery app to get something delivered. Few of us ever consider the work arrangement of the person delivering us or our food to the destination.