Death By A Single Comma
If you’ve spent any time on dating apps, you’ll know that a common feature on people’s profiles is often an argument about Oxford commas (which is why I’m partial to the offline world). Jokes aside, comma placement is important, as the Employer in Brocklehurst v. Micco Companies Limited, 2025 NSSC 192 (“Micco”) discovered.
Canadian HR Reporter Readers’ Choice Awards 2025 – We Won!
The Rudner Law team is honoured to be voted one of the Canadian HRReporter Readers’ Choice 2025 winners in the Employment & Labour Law Boutique category.
New & Potential Changes to Canadian Employment & Labour Laws
In our last update, we outlined the new changes to the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act (the “OHSA”), which were set to take effect on July 1, 2025 to the ESA and on January 1, 2026 to the OHSA. Since that last update, there has been further updates to the Canadian employment and labour law landscape.
To Leave or Not to Leave?
Ontario’s employment landscape is undergoing significant shifts, with new legislative developments aimed at enhancing worker protections and ensuring fair treatment. As of June 19, 2025, a new long-term illness leave has come into effect. Instead of employers having to go through the usual accommodation process – considering options for accommodation and proposing a reasonable accommodation based on the employee’s legitimate needs – this new leave is now codified under the statute, with specific eligibility and evidentiary requirements. Will this make things easier for employers and employees? Presumably yes, but only time will tell.
Alberta Court Awards Damages To Employee Who Refused To Comply With The Employer’s COVID-19 Vaccine Policy
Although the pandemic might seem far in the past, we are still seeing the outcome of cases brought forward on issues that arose during this tumultuous period. In a recent decision out of Alberta, the court ruled that an employer had wrongfully dismissed an employee who refused to comply with the employer’s COVID-19 vaccination policy on religious grounds.
Court of Appeal Agrees that Termination Clause is Unenforceable
The recent Court of Appeal decision in De Castro v. Arista Homes Limited follows the current trend of courts frequently striking down termination clauses in employment contracts. In that decision, the Court of Appeal sided with the employee and upheld an award of damages that was far greater than the compensation set by the employment contract. This should serve as another reminder to employers of the significant liabilities they may face in a wrongful dismissal lawsuit and the need to have carefully drafted and up-to-date employment contracts.
Mitigation in Manitoba
An employee dismissal creates a two-way street of obligations. The employer is required to provide the employee with reasonable notice…
Employee Substance Abuse and Employer Obligations
Substance abuse is a disability under human rights law, requiring the employer to accommodate an employee to the point of undue hardship.
Overhaul Proposed for the Civil Litigation Process
Possible changes to the civil litigation process in Ontario which will have a substantial impact on the way employment law cases proceed through the courts.
Reminder: Employer Obligations on Election Day
As we approach an election, it’s important that employers understand their obligations and employees understand their rights for voting.
The Case Against Short n’ Sweet… Employment Agreements
In the niche world of employment law, by insisting on shorter documents, employers risk leaving a lot of rights on the table.
Employer Obtains Injunction Against Former Employees
How can you stop a former employee from acting in a way that harms your company? Apart from threatening to sue the employee for damages, is there a way to have the Court tell the employee to stop doing something?
