To help you develop an appropriate strategy, we need to understand what makes your organization tick – where you are, where you want to go, and what stands in your way. That is why boilerplate contracts and policies don’t work; they are not tailored to your needs.
The Employment Relationship is a Legal Relationship
While you may see yourself as hiring a new employee, we see you creating a new legal relationship, with all sorts of rights and obligations arising. And while you may tell all staff that they must be at work from 9:00 am to 5:00 pm, we see a potential human rights claim and a possible breach of employment standards legislation.
The employment relationship is governed by a complex combination of laws, including:
- Employment Standards legislation,
- Human Rights laws,
- Occupational Health and Safety laws,
- Privacy laws,
- The Common Law,
- Contract Law,
- Labour laws, and more.
These laws do not operate in a vacuum. Workplace rules and decisions impact, and are impacted, by all of them. Everything that you do can have an impact on the organization’s legal position. And, of course, the laws are designed to protect employees, not employers. As if the wide array of duties that fall under “HR” wasn’t enough, HR Professionals are expected to navigate all of these laws despite the fact that most of you do not have legal training. That is where Rudner Law comes in.
The HR Checkup
Our process usually begins with an HR Checkup, during which we review the cornerstones of the legal relationship:
This also gives us a chance to get to know your business, your core values, and your goals. We like to come to your workplace, and get a chance to see for ourselves what you do and how your team interacts.
We will help you to ensure compliance with applicable laws, but that is just the first step. We also work with our clients proactively to develop an overall strategy that will allow them to maximize their rights as employers while minimizing liability. Employment laws are designed to protect the rights of employees, but we can help employers level the playing field by designing contracts, policies and procedures to establish the “rules of the game”. While employment standards cannot be contracted out of, many laws that favour employees, such as the need to provide reasonable notice of dismissal, can be.
Once the process is complete, we are ready and able to assist you as needed. This includes regular reviews and updates to your core documents, as well as provision of advice (and representation) whenever needed. And since we already know who you are and what your organization is all about, we don’t need to waste time getting to know you when you have an urgent matter to address.
Organizations often end up paying inordinate amounts of money because of entirely avoidable mistakes. In addition to extensive damages awards, legal costs and lost time associated with defending claims, companies also risk seeing their name publicly associated with poor HR practices and, in some cases, gaining notoriety as a “bad” employer.
Rudner Law – Your Trusted Advisor
We can help you to understand the laws that govern your workplace, know how to put the organization in a strong legal position, and spot the red flags before they become significant issues. And we want to be your Trusted Advisor, available to answer your questions and develop a strategic plan to address any situation.