COVID-19 and the Workplace

Whether you are an employer or an employee, this unprecedented set of circumstances has raised a lot of difficult questions. If you are unsure of your rights and obligations, we are here to help.

Please keep checking this blog and follow our social media feeds to keep up to date.

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Severance Pay and the Issue of Payroll

The most common requirements for an employee to be eligible for severance pay is that the employer must have a payroll of at least $2.5 million, and the employee must have been employed for at least 5 years.
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jury duty

Jury duty and leave of absence

Like it or not, as a Canadian citizen, you are expected to serve jury duty when summoned by your jurisdiction’s courthouse. And as an employer, some of your staff may be absent for that reason.
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Recreational Cannabis Use at Staff Party

The Rudner Law Annual Holiday Party Post: The Cannabis Edition

Although office holiday parties can be an amazing way to thank employees for their hard work all year, they can also be a minefield of potential liability for employers. This liability can crop up in any number of ways, including through harassing or offensive comments, inappropriate sexual or romantic advances, inadvertent discrimination, and excessive alcohol consumption. This year, in addition to these issues, employers also need to be prepared to deal with a brand new potential pitfall: the use of recreational cannabis.
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marijuana at work

Negotiating the complexities of drug and alcohol policy and legalized recreational marijuana

Now that the use of recreational marijuana has been legalized, an employer’s existing drug and alcohol policies are unlikely to carry adequate wording to cover risks of applying unenforceable disciplinary procedures.
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Workplace Investigations and Suspensions

We are dealing with investigations more and more often in the context of employment or HR law, and the reality is, as we often tell our employer clients, you cannot impose discipline, especially dismissal, until you investigate.
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letter writing

An Open Letter Regarding Human Rights and the Ontario PC Party Resolution R4

The Lawyers of Rudner Law have penned the following open letter regarding the Ontario PC Party Resolution R4.
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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.
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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…

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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.
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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.
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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).
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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.
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