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 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
frustration of contract

When Can an Employer Consider an Employment Contract “Frustrated”?

An employee being away from the workplace for a significant length of time is often a frustrating experience for both employers and employees - but when will this situation actually result in the frustration of the employment contract itself?
Read More

Potential Damages in Wrongful Dismissal

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.
Read More

Limitation Periods

At Rudner Law we are often asked how long someone has to bring a wrongful dismissal claim. In Ontario, the answer is 2 years, but the more important question is, when does that time period start to run. The answer to that question can mean the difference between being able to advance your claim and being told you can't, even if it was perfectly legitimate, and might be worth a whole lot of money. It's critical that you get this right, and two recent cases provide examples where plaintiffs waited unknowingly and missed a limitation period, and therefore were not able to pursue their claim.
Read More
recording conversations

To Record or Not to Record

You have probably heard of the Omarosa / Trump story by now. Put simply, reality TV star and former White House special assistant Omarosa Manigault Newman surreptitiously recorded conversations between President Trump and Chief of Staff John Kelly. While we do not know how the recordings were captured, this does raise questions about whether employees can - and more importantly, whether they should - record conversations in their workplace.
Read More