Nadia Zaman, an employment lawyer with Rudner Law in Markham, Ont., said "employers should be cautious in carrying out dismissals via video or other similar methods."

“It’s important for both employers and employees to understand the ‘duty to investigate,’” says Stuart Rudner, founder or Rudner Law.

Elon Musk’s ultimatum to Twitter employees might fly in the United States, but it carries significant legal downsides in Canada.

"It's not something that we hear about happening very often," said Brittany Taylor, a partner at Rudner Law, in a phone interview with Yahoo Finance Canada.

Ontario is introducing legislation forcing companies to reveal how they’re monitoring employees at home. John Vennavally-Rao reports and Stuart comments.

Bill 88 makes Ontario the first and only province with legislation that specifically addresses employee monitoring software; however Alberta, Quebec and B.C. already have applicable privacy laws on the books, according to Ontario-based employment lawyer Stuart Rudner.

“Many judges will criticize employers for terminating employees, saying that while there may have been misconduct, it wasn’t egregious enough to warrant termination - and that some lesser form of discipline was appropriate,” Stuart Rudner, employment lawyer, told HRD. “That’s a classic quote from many court cases. Unfortunately, however, there aren’t a lot of lawful forms of discipline.”

Following in the footsteps of quiet quitting, there’s been plenty of talk about “quiet firing” these days, where an employer intentionally mistreats an employee so they will leave their job.

Speaking to HRD, Rudner revealed that the lack of correct guidance is leading to confusion and, all too often, legal issues.

Stuart Rudner offered his take on what would happen if a worker refuses to return to the office.

After designing and leading the original Human Resources Law for HR Professionals course, Rudner says there were several requests for an advanced course.

Legally, employers can dictate where their employee works from, unless there is a specific clause in the employee’s contract that specifies remote work as an option, according to Nadia Zaman.

A dispute among high-performing financial advisors demonstrates the importance of a clear departure agreement. Regarding the departure agreement, the focus needs to be on communication and purchase price, said Stuart Rudner, an employment lawyer and founder of Rudner Law in Markham, Ont.

Having practised HR law for 23 years, Stuart Rudner has seen the level of knowledge of employment law and legislation increase, particularly among HR professionals.

“The employer has the right to determine where work will be performed,” stated Stuart Rudner, founder of Rudner Law, told HRD.

So far, the courts have agreed that a temporary layoff, even under IDEL, does not mean an employee can’t file for constructive dismissal, said employment lawyer Stuart Rudner, unless the employer had workers sign an agreement to the contrary, which many did not.

Any workers who feel pressured by their employer to sign an agreement on the spot is a “huge red flag” for Rudner Law Partner Brittany Taylor.

CBC News Network's Aarti Pole speaks with Nadia Zaman, an employment lawyer with Rudner Law in Markham, Ontario, about the difficult transition of going back to work as restrictions ease.

Nadia Zaman, an employment lawyer with Rudner Law in Markham, Ont., said she and her colleagues have fielded an increasing number of return-to-workplace questions in recent months.

It’s not only illegal to ask different workers to dress differently, it’s also not the right idea for a workplace.

“The employer has the right to determine where work will be performed,” stated Stuart Rudner, founder of Rudner Law, told HRD.

“What made the decision more interesting and entertaining was the fact it related to a relatively new form of disability for which accommodation was requested: addiction to internet pornography,” writes Stuart Rudner of Rudner Law.

Brittany Taylor, partner at Rudner Law in Markham, Ont., highlights the importance for an employer’s obligation to “take all the reasonable steps to ensure the health and safety of its workers.”

Speaking to HRD, Stuart Rudner, founder of Rudner Law, advised employers to use progressive discipline as a way to combat poor performance.

The Ontario government plans to introduce legislation later this month that will compel employers with 25 or more workers to disclose to their employees if and how they are being electronically monitored.

What could the legal issues be if businesses continue to impose proof of vaccination or masking once those public health orders are lifted? Stuart spoke to Matt Young with CTV Saskatoon to hopefully provide some clarity. Segment starts at the 10:00 mark.

Stuart Rudner, an employment lawyer and mediator with Rudner Law in Markham, Ont., said a business can impose discipline on someone for breach of policy or insubordination as long as the policy is reasonable, and “that is where all of these cases or going to succeed or fall apart.”

In January, Talent Canada hosted an exclusive roundtable in partnership with TELUS Health to explore the future of health benefits in a hybrid world.

As Saskatchewan prepares to lift its COVID-19 vaccine mandate on Monday, a lawyer says businesses can still require proof of vaccination from employees and members of the public depending on the environment in which they work.

Harassment in a hybrid working model may be more subtle but make no mistake: it’s just as toxic and just as illegal. HRD recently spoke to Stuart Rudner, employment lawyer and mediator and founder of Rudner Law, who talked us through the legal pressure points of online harassment.

While progressive discipline isn’t anything new, it is somewhat under-utilized and misunderstood in non-unionized Canadian workplaces.

Much like 2020 when the onset of COVID-19 forced the employment world to quickly pivot, the past 12 months brought new changes and challenges as the cloud of pandemic endures. But Ontario employment lawyer Nadia Zaman says there is reason to be optimistic as we usher in a new year.

What are your legal responsibilities in online abuse? Stuart talks UKG through the legal pressure points of online harassment.

As Canadians slowly emerge from the COVID-19 cocoon we’ve been living in over the past 18 months, one thing has become clear — for most of those who have been working from home through the pandemic, the prospect of going back to the workplace full time is something to which they are not looking forward.

For the OBA Labour & Employment Section Newsletter, Stuart talks about how to get to a deal during mediation based on his experience and observations mediating disputes.

Parties should objectively assess the evidence and also the potential costs and benefits of pursuing a wrongful dismissal case.

Failure to investigate workplace misconduct can not only derail morale, but it can also lead to hefty liability for Canadian employers.

The Ontario government introduced legislation that would ban the practice of imposing non-compete clauses on employees

The Ontario government is introducing new legislation that would require large employers to put in "right to disconnect" policies and bar non-compete clauses.

In many ways, the precarity that most people saw with their jobs during COVID-19 is something that gig workers struggle with near constantly.

Question: What are an employer’s legal obligations when an employee complains of harassment that an investigation cannot prove or disprove? Stuart has the answer for Canadian Employment Law Today.

“Unless someone is not vaccinated because of a genuinely held religious belief or a health condition, then you can make this a requirement for getting the job,” Toronto-based employment lawyer Stuart Rudner said. “Otherwise it’s no different than requiring a driver’s licence.”

Unless workers are under covered by a collective agreement, they can be dismissed for any reason at all, said employment lawyer and mediator Stuart Rudner, author of You’re Fired! Just Cause for Dismissal in Canada. This kind of dismissal is called “without cause,” and the worker is entitled to severance pay.

Waksdale swung the pendulum in favour of employees and employers had to scramble to update employment agreements to ensure they're enforceable.

The public will be forgiven for concluding that virtually every major employer is requiring that all employees be vaccinated or they will lose their job. Yet if you read the details of most of these policies, they are not mandatory at all.

Stuart Rudner, managing partner at Rudner Law, said the legal community still doesn’t have enough precedent to determine how successful these constructive dismissal/IDEL cases will be.

Failing to conduct an investigation into allegations of harassment can not only result in litigation but could harm a company’s image and its ability to retain valuable employees, says Toronto-area employment lawyer and mediator Stuart Rudner.

Previous WSIAT decision overturned: recent case finds constructive dismissal claim not statute-barred, Nadia writes for First Reference.

Stuart talks about vaccination mandates for people with public facing jobs and what legal challenges are already being brought forward.

The CEO of Hospitality Saskatchewan says music venues won't be the only businesses in Saskatoon to require mandatory vaccines.

Litigation risk analysis is an essential part of any dispute and a thorough examination of the facts is crucial when determining the strength of a case.

For years, the prevailing wisdom has been that employers should investigate suspicions of misconduct before firing an employee. We certainly advise our clients to. But what happens if you don’t? Can an employer be liable simply for failing to investigate? Is the answer different if a court finds that there was just cause for dismissal?

The Toronto Marlies hired a goalie coach only to reverse the decision days later after finding containing transphobic, anti-Black, pro-Trump, and anti-vaxxer content on his Twitter feed.

There are big differences between what we think of as traditional advertising – like radio and TV ads – and other types of marketing.

A Toronto employment lawyer has one piece of advice to HR amid the ongoing confusion over the Infectious Disease Emergency Leave (IDEL): Don't make assumptions.

What is the legal test to distinguish between independent contractor and employee? What factors should be considered when deciding how to categorize a worker?

If your employer has given you a deadline to accept the severance agreement, employment lawyer Stuart Rudner said not to panic.

The recent decision in Insurance Corporation of British Columbia v. Moveup (Canadian Office and Professional Employees’ Union Local 378), 2021 CanLII 28564 (BC LA) provides some reassurance for those who feel that summary dismissal would be appropriate.

Proposed right to disconnect legislation also requires a “shift in mindset and workplace cultures” to be effective, says Ontario employment lawyer Nadia Zaman.

If an employee on medical leave undergoes an independent medical examination and is cleared for work, can the employer seek a second opinion?

If a terminated employee signs a release in exchange for an additional severance payment and then begins legal action against the employer anyway, can the employer try to get that payment back?

This issue has arisen in several recent mediations that I have conducted. As regular readers will know, Employment Insurance benefits are usually deducted from money paid out in lieu of notice of dismissal. At mediation, the plaintiff will be asked if they received EI benefits; if they did, then a mechanism for obtaining a statement of account/debt from Service Canada, and a holdback of funds to cover any repayment obligation, is typical.

Working remotely brings challenges that if not managed correctly could lead to employee burnout and have financial and legal consequences for employers, says Toronto-area employment lawyer Brittany Taylor.

We know that only a tiny percentage of claims filed make it all the way to trial; I have always understood that it is less than two per cent. So why is it that so many cases settle before trial?

“We have now this complete state of uncertainty,” says Stuart Rudner, an employment lawyer and managing partner of Rudner Law. “Because we have two courts, within a period of about a month, that have interpreted the exact same issue in completely different ways.”

We often see appeal courts reducing damage awards on appeal, in order to bring them more in line with established case law. Ojanen is certainly an exception – in this case, the behaviour of the employer in question was so egregious that the Court of Appeal was compelled to more than triple the award granted at trial.

As with many things in employment law, the question of when the employment relationship will terminate in circumstances where an employee is on an extended leave does not have a simple answer.

There is nothing inherently wrong with discrimination and, in fact, if you are not discriminating in your hiring process, you’re doing it wrong.

Resolving a claim at mediation is good, but winning at mediation is even better. After all, anyone can settle. As an advocate, you should work to get the best result for your client, whether it is at trial or at mediation.

Stuart comments on the legalities of using technology to keep tabs on workers for the Society for Human Resources Management (SHRM)

One of the biggest topics of debate these days is whether employees should be entitled to paid time off when they are sick.

Toronto-area employment lawyer and mediator Stuart Rudner says success in his field requires the ability “to go with the flow and adapt,” tailoring the mediation approach to suit each situation.

As mediators, our job is simple: help the parties to reach a resolution to the dispute that brought them to you. But as we all know, that is sometimes easier said than done. The purpose of this article is twofold: to discuss some opportunities that video mediation provides, and to discuss some creative ways to help the parties break an impasse.

Stuart talks to Brian Bourke of 570NEWS about the recent confirmation by an Ontario Superior Court judge that temporary layoffs are constructive dismissal, leaving employers liable.

An articling student whom a Vancouver criminal law firm fired for alleged trespassing, breach of contract and questionable blog postings has seen her award for damages more than tripled after the Court of Appeal for British Columbia ruled the lower court judge erred in not awarding damages for her lost opportunity to become a lawyer.

The global pandemic has acted as a catalyst for organizational change, revolutionizing the way we think about workplace practices — particularly regarding employment law. As a result, the definition of employee misconduct, and the types of conduct that can warrant disciplinary action or dismissal, has expanded and evolved. Speaking to Stuart Rudner, founder of Rudner Law and speaker at the upcoming UKG webinar, Employee Misconduct in Canada, he revealed how clients are coming to him with a whole host of new questions.

A recent ruling by an Ontario judge confirmed what some employment lawyers have been saying for more than a year — that many businesses may have actually constructively dismissed their employees when enacting temporary layoffs, putting themselves on the hook for severance pay. Last March, when employers were doing temporary layoffs during a time of uncertainty, Toronto employment lawyer Stuart Rudner told the Star that many of those layoffs might actually be constructive dismissals, meaning the employer had essentially terminated the employee and would owe them severance.

If employees were temporarily laid off during the pandemic, can the employer bring them back at reduced pay until revenues reach pre-pandemic levels?

Can an employer require remote employees to have a certain level of internet service and security?

A recent ruling from an Ontario court could see the “floodgates open” to a slew of new cases against employers that temporarily laid off workers in the early days of the pandemic, says an employment lawyer. “This is a really huge decision and it should be a huge concern for employers,” says Stuart Rudner, founder of Rudner Law in Toronto, in talking to Canadian HR Reporter.

With restaurants closed to dining, many servers who used to make a large portion of their pay in the form of tips are still working — but they are no longer serving alcohol on premises and are getting a fraction of the tips they used to. But some say they are still being paid the liquor server minimum wage, which is almost $2 an hour less. Rudner Law partner Brittany Taylor noted the act specifically says the employee has to serve liquor in the premises that have a liquor licence. It’s unclear whether that’s still the case when dining is closed, she said. “As a result, handing liquor off to a delivery person, rather than to the customer directly within the establishment, may not qualify,” she said.

“I think this case is huge,” says Stuart Rudner, employment lawyer and managing partner at Rudner Law. “We've been waiting for this decision for a year now.”

Employers looking to take the government up on an offer to host workplace COVID-19 vaccination clinics need to weigh the benefits and the risks first, says Ontario employment lawyer Nadia Zaman.

Thanks Robin Schooling for featuring Fire Away: Social Media: A Useful HR Tool or a Liability?

A school custodian’s participation in rallies that appeared to violate the current COVID-19 public health order could lead to discipline, or even termination, according to an employment lawyer.

Although we have not yet seen a judicial decision on whether a temporary layoff will be a constructive dismissal during a pandemic, we do have one which confirms that reducing an employee’s pay between 16 per cent and 20 per cent is a constructive dismissal.

Many premiers have dismissed calls to enact provincial paid sick leave laws, arguing the federal government’s Recovery Sickness Benefit takes care of that. But Stuart Rudner of Rudner Law says they are not the same.

Can an employer require a worker to complete a criminal records check (CRC) as a condition of employment?

What is the impact of a global pandemic on notice of dismissal or severance requirements? Does it result in increased notice, decreased payments, or neither?

The economic fallout from the pandemic has left many uncertain about notice periods following terminations but two recent judgments provide some clarity, says Toronto-area employment lawyer Brittany Taylor.

As mass vaccination campaigns scale up, so to have debates about how to make sure everyone has the opportunity to get vaccinated. While paid leave could remove a major barrier to getting a vaccine, the potential burden on already struggling businesses can’t be ignored, experts say.

The latest posts from influential leaders surrounding HR, recruiting, technology, leadership, diversity and inclusion, etc. Our Year in Review was featured in this edition.

What are the essential elements to include in a permanent work-from-home agreement with an employee?

If an employee files a complaint about a supervisor but both have acted inappropriately, can the employer discipline or dismiss the employee for their misconduct?

When will an employee be found to have abandoned their employment? In the recent decision of Hettrick v Triple F Paving, the Ontario Superior Court of Justice dealt with this oft-asked question.

For those looking for clarity, employment lawyer Stuart Rudner says there's no clear-cut answer.

“Convince me.” When I am your mediator, that is your job. The easier you make it for me to understand your case, the easier it will be for me to put your case forward in the other room. As I often say, at mediation, you want to “help your mediator to help you.” I have frequently commented on the need for counsel to put forward their best case at mediation, but the reality is that in many cases, counsel miss the opportunity to be a zealous advocate. Instead, they go through the motions when it comes to advocacy at mediation, doing little more than copying their pleading into a mediation brief and then showing up at mediation without a firm grasp of the case and evidence.

Ensuring the punishment fits the crime must be the overriding factor in any termination but many employers act too hastily and that can be costly, says Toronto-area employment lawyer and mediator Stuart Rudner.

As we get closer to a full year of “pandemic life”, there is increased discussion of the impact of a global pandemic on notice periods.

Nadia Zaman, a lawyer at Rudner Law who practices in Ontario, says there’s recourse for an employee who feels a colleague is bringing a coronavirus health risk to the physical workplace through dangerous off-duty conduct.

Imagine this scenario: There is a worldwide pandemic, the global economy is devastated, and all non-essential businesses are ordered to shut down. You are able to continue a small portion of your practice, but revenues drop by 75% and you can’t afford your clerk and junior. You consult the employment standards legislation, confirm the rules regarding how layoffs are to be implemented, and then let them know that you have to lay them off temporarily until things pick up. The next thing that happens is that you receive an aggressive letter from an employment lawyer threatening to bring a claim for constructive dismissal on their behalf because you did not have the right to impose temporary layoffs. They will be seeking damages for wrongful dismissal, as well as punitive damages. Are they right?

"In the context of a situation where an employer is dealing with employee complaints relating to, another employee engaging in risky behaviour, they can really rely on the policies," says Nadia Zaman, a lawyer at Rudner Law who practises in Ontario. Also published in the Toronto Star and by yahoo!finance.

Employment lawyer Stuart Rudner, author of You're Fired! Just Cause for Dismissal in Canada, says in assessing whether there is just cause for dismissal, the misconduct in question is not the only thing to be considered.

Richard Southern looks at the legal rights workers have under the province's stay-at-home order with Stuart Rudner, Founder and Employment Lawyer at Rudner Law.

The latest posts from influential leaders surrounding HR, recruiting, technology, leadership, diversity and inclusion, etc. From Rudner Law: As has been the case since last March, it is critical that employers and employees understand their rights and obligations despite frequently changing laws, guidelines and circumstances.

After the coronavirus “wakeup call” to the business world, employers and workers would be advised to heed the lessons learned as 2021 unfolds, says Toronto-area employment lawyer and mediator Stuart Rudner.

There is an assumption that in the employment relationship, there is an imbalance of bargaining power and the employee needs additional protection. That is often the case, but not always. So how do we decide when courts should intervene, and when individuals should be held to the bargain that they agreed to be bound by?

There are renewed calls for paid sick leave for low-wage and essential workers who fear losing their jobs or income if they miss shifts because they're sick or need to be tested for COVID-19. Stuart comments in this segment.

It may surprise many, but in most dismissals, whether the employee performed very well or very poorly is entirely irrelevant.

Mel is joined by Employment Lawyer, Stuart Rudner, to chat about how the city is now requiring employers to inform them immediately if they have 2 or more confirmed cases amongst employees, and how Public Health is promising to better inform people of which particular workplaces are experiencing those outbreaks.

Do your contracts give you the right to temporarily lay people off? If not, you risk a constructive dismissal claim if you impose temporary layoffs, even during a pandemic.

The coronavirus that hit like a tsunami leaving shattered lives and uncertainty in its wake made 2020 a year like no other, says Toronto-area employment lawyer and mediator Stuart Rudner.

A recent Court of Appeal ruling in Ontario may require many employment contracts to be changed after a justice found the illegality of one clause negatively affected the entire agreement. The case, Waksdale v. Swegon North America, hinged on the enforceability of a termination for just cause clause in employment contracts.

With 2020 drawing to a close, employers should ensure they are on track to comply with pending accessibility requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), says Toronto-area employment lawyer Brittany Taylor.

Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited.

Whole Foods has reversed course after widespread backlash over its dress code policy which banned employees from wearing poppies. Erica Natividad with the reasoning behind the ban that drew widespread condemnation.

I firmly believe that “just cause is not a lost cause”; courts will uphold summary dismissal in appropriate circumstances. However, we all know that the threshold is high, so it is critical that employers not undermine their position through their words or actions at the time of termination.

Failing to get the right advice on a severance package can be a costly mistake for both employers and workers, says Toronto-area employment lawyer and mediator Stuart Rudner. Rudner, founder and principal at Rudner Law, says job dismissals are complicated and making assumptions when it comes to termination obligations can lead to expensive mistakes.

It’s no longer simply an issue of being compliant – it’s about using your employment contracts and HR policies strategically to realign, and potentially save, your business. HRD Canada spoke to Stuart Rudner, founder of Rudner Law and speaker at UKG’s upcoming webinar, “Strategic Use of Contracts and Policies.”

“Many employers make the mistake of taking the position that they have just cause for dismissal, but wait for a convenient time before executing,” says employment lawyer Stuart Rudner, author of You're Fired! Just Cause for Dismissal in Canada.

Toronto employment lawyer Stuart Rudner speaks with Mel about the new sick leave benefit, which provides 10 days of paid sick leave to any worker who falls ill or must isolate due to COVID-19.

In the case of Suen v. Envirocon Environmental Services, ULC, the British Columbia Court of Appeal confirmed that not every change to a parent’s work schedule will amount to discrimination on the basis of family status. The Court confirmed that in order for a change to a parent’s work schedule to be considered discriminatory, the change must cause “a serious interference with a substantial parental or other family duty or obligation.”

Although a lot of things have changed over the last few months, one thing that has not is that attending at work is not optional.

We still regularly encounter the presumption that employment law is easy, or that it is all common sense. As a result, many lawyers assume that they are capable of providing proper advice to their clients when it comes to employment law issues. Unfortunately, one common result is that employers mistakenly believe that they have contracts in place that will protect them, only to find out, when it is too late, that the contract is deficient in material ways.

Recent racial turmoil is a grim reminder to employers to address their workplace discrimination policies and to be proactive in their processes, says Ontario employment lawyer Nadia Zaman.

At this point in the crisis, simply being exposed to the risk of COVID-19 isn’t grounds for a worker to sue their employer, said Stuart Rudner, founder of Canadian employment law firm Rudner Law.

The importance of an employee’s duty to mitigate their damages by taking reasonable steps to find new employment cannot be overstated. Where an employee is found to have failed to mitigate their damages, their entitlement to damages may be significantly reduced. So what happens if an employee is too sick to look for new work? Does that count as a failure to mitigate?

High-pressure, long hours, intensely competitive – preconceptions about private practice abound. Given that this setting runs the gamut in terms of business size, roles and specialties, it’s no wonder that it offers no universal experience or that it presents at least as many unexpected opportunities as it does predictable challenges. We asked OBA members what has surprised them most about private practice. Their answers might surprise you, in turn.

Back to school season is upon us once again, although it may look a little different from previous years and will vary depending on where you live. Provinces such as Quebec, New Brunswick and Saskatchewan are implementing mandatory in-person attendance, while Ontario and B.C. are requiring school boards to provide in-person and remote learning options for all students.

Speaking to HRD Canada, Stuart Rudner, founder of employment law firm Rudner Law, explained the potential ramifications of employees catching the virus at work.

The new Canada Emergency Wage Subsidy (CEWS) is “more accessible to more businesses,” says Toronto-area employment lawyer Brittany Taylor, who encourages employers to take advantage of the program.

Stuart Rudner, an employment lawyer from Toronto, says, “[Parents] shouldn’t have to worry about losing their job,” if their kids get sick.

Our firm has been working with both employers and employees to help them understand their rights and obligations in these unusual times. By far the most common question that we have encountered over the past few months is: “Do I have to go back to work when I am recalled?”

Rudner said the danger in the workplace must be substantial and cannot be generalized fears.

We all know that “character of employment” is one of the core factors when assessing the period of reasonable notice, but how much of an impact does it have?

As work continues to evolve, businesses will be challenged on the very definition of “employee.” Stuart Rudner highlights recent court decisions that the business world needs to be aware of.

CBC News: The National reported on "face mask exemption cards" and how businesses are handling the mandatory mask bylaws - Nadia Zaman is quoted.

Employers across Ontario are double-checking their contracts since the Ontario Court of Appeal released its judgment in Waksdale v Swegon North America Inc., earlier this month. The court held that if an Employment Agreement contains a termination-with-cause provision that breaches the Employment Standards Act, 2000 (ESA), the termination-without-cause provision will be rendered unenforceable as well. This is true even if the employer was not relying on the for cause section and had proceeded on a without cause basis. Even a severability clause cannot save a provision in this context.

Business owners and workers are equally unsure about how the law really works as workplaces reopen.

Video conferencing is proving to be an effective tool that needs to be embraced by the legal profession, says Toronto-area employment lawyer and mediator Stuart Rudner.

"What employers should do, obviously is to follow whatever the bylaw says, but not a lot of guidance is provided," said Toronto employment lawyer Nadia Zaman. "Some of it is sort of left to the employers to figure out, in terms of how they're going to deal with specific scenarios."

This is not a new issue, but one that is certainly front and centre at the moment: how will the economic circumstances of an employer, an industry or even the economy as a whole, impact the amount of notice or severance to which a dismissed employee is entitled? And on a more philosophical level, how should it?

Stuart Rudner, employment lawyer and founder of Rudner Law in Toronto, told CTVNews.ca that employers are required to provide a safe work environment, which means that an employee has grounds to complain if no attempts at implementing physical distancing and cleaning procedures have been made.

When company restructuring results in staff cuts, employers would be well advised to keep a record of their decision-making process, especially when it comes to terminating workers on leave, says Toronto-area employment lawyer Brittany Taylor.

The federal government is taking a close look at the amount of office space it will need in the coming years as it considers how some of Canada's hundreds of thousands of federal public servants could end up working from home permanently.

As the current global situation continues to change, the return to work has become top of mind – a radical shift from a few weeks ago. Fortunately, there is more time for organizations to put a plan in place for this phase of the pandemic and focus on making informed decisions as their employees return to work. As your organization begins the return to work process, our friends at Rudner Law have prepared some of their own and external resources for you to utilize

After a break, the Carnival of HR returns to provide you with the best in timely blogs covering a variety of topics in the human resources and organizational development world.

HRD spoke to Stuart Rudner, founder of employment law firm Rudner Law. Rudner recently co-authored a report with UKG, COVID Q&A for Canadian Employers, which serves as an essential guide during these uncertain times. Rudner helped us debunk some common misconceptions around COVID-19 and employer obligations.

In the recent case of Sosnowsk v. MacEwen Petroleum Inc., the Ontario Court of Appeal confirmed that there must be exceptional factual circumstances in order to extend the deadline for commencing a wrongful dismissal claim.

Stuart Rudner, Employment Lawyer and Mediator of Rudner Law, answers your pressing questions about returning to work. Visit www.cdha.ca/SafetyAlerts for a link to the accompanying COVID-19 Employment FAQ document and other updates and information for dental hygienists.

We’ll take you through some of your legally defined choices that may arise due to COVID-19 if you’re subjected to temporary layoff, or you’re unable to work, or your employer is restarting operations and calls you back to work. And we’ll draw on the advice of two employment lawyers: Stuart Rudner, with Rudner Law based in Markham, who represents both employees and employers, and Louis Century, with Goldblatt Partners in Toronto, who represents employees.

I have heard stories of mediations devolving into scenarios where everyone is signing in a different way, including some where counsel are signing on behalf of their clients. However, there are solutions that will make this process far more efficient.

While the technology has been around for a while, the need for virtual mediation was never as great as it is now. Previously, most litigators scoffed at the notion that a virtual mediation would be a worthwhile endeavour, but at the moment it is the only option and, more importantly, it has proven to be extremely effective. So, is virtual mediation just a temporary solution during these unprecedented times, or a viable alternative to the traditional in-person format?

With the business world slowly emerging from isolation it is important to prepare for what lies ahead and heed the lessons learned from the pandemic, says Toronto-area employment lawyer and mediator Stuart Rudner.

How malls and retailers are handling reopening in New Brunswick, Brisk business at bottle recycling depots, Employment lawyer Stuart Rudner takes calls about employees' rights as they are called back to work.

Of course, this phase of gradually reopening business raises all sorts of new questions. As we often say, we know that you don’t have “Employment Law issues”; you have business decisions to make. Our job is to make sure that you are aware of your rights and obligations as an employer, so you can make an informed decision.

Employment lawyers Muneeza Sheikh and Stuart Rudner join CTV News Channel to break down employees’ rights when they head back to work.

Employment lawyers Muneeza Sheikh and Stuart Rudner join CTV News Channel to break down employees’ rights when they head back to work.

Employment lawyers Muneeza Sheikh and Stuart Rudner join CTV News Channel to break down employees’ rights when they head back to work.

There are a few things businesses should know before reopening.

The purpose of this post is to address some of the frequently asked questions we have received from employees in the face of the COVID-19 pandemic relating to government support, including Canada Emergency Response Benefit, Employment Insurance, and Canada Emergency Wage Subsidy.

Stuart was interviewed by Todd van der Heyden on Viewpoints to talk about the unknowns as Canada slowly gets back to business. How will things unfold for employers and employees?

Employment Lawyer Stuart Rudner talks about the legal implications and logistics of reopening businesses amid the COVID-19 pandemic.

Stuart writes about what employers are supposed to do, and what employees can expect, during the crisis.

The impact of the COVID-19 virus on our society and our economy has been devastating. Many businesses have closed completely and many more are suffering dramatically reduced revenues. As they try to find ways to reduce their costs, they look to their workforce. As a result, many individuals have either been temporarily laid off or had their hours and/or wages cut.

Parliament reconvened Saturday to pass the government’s wage subsidy bill. Caryn Ceolin with what it’ll mean for you if you’ve lost your paycheque, and when you could see money flowing if you’re a business.

For decades, we have had an underlying tension in the world of employment law. Specifically, although employment standards legislation sets out the parameters for how a business can impose temporary layoffs, it does not give businesses the right to do so. The legislation explains how long a layoff can last, and other parameters such as when it will be deemed to be a termination of employment, but the right to impose a temporary layoff must come from contract.

The coronavirus pandemic has left employers and employees “in unchartered territory” when it comes to their rights, says Toronto-area employment lawyer and mediator Stuart Rudner.

In this post, we try to address some of the main questions and concerns you may have as an employer or employee in the face of the COVID-19 pandemic. We hope that you will find this general information useful, but want to stress the importance of obtaining independent legal advice with respect to your individual circumstances. And, of course, things are moving very quickly in relation to this pandemic and the information below may change as the situation evolves.

Businesses – particularly retailers and others that have been forced to shut down according to government orders – could also argue that the employment contract has been “frustrated,” meaning it is impossible to perform as there is no work to do. In that case, there would be no obligation to pay severance, said Stuart Rudner, founder of Rudner Law, an employment law firm in Toronto.

There are no specific rules outlined for essential businesses that are allowed to operate, leaving some workers questioning if they’ll have the right to refuse if appropriate safety measures aren’t in place.

Toronto employment lawyer Stuart Rudner told the Star that many businesses don’t have the right to lay their employees off, and he thinks there may be a wave of wrongful dismissal lawsuits in the coming weeks or months.

While the COVID-19 pandemic has resulted in many Canadians having been temporarily laid, employment lawyer Stuart Rudner says it’s important to have frank conversations with your employers and pay attention to what’s in your contract.

As industry leaders, UKG is committed to providing employers with the latest advice on the unfolding COVID-19 (coronavirus) pandemic. As such, HRD spoke to Stuart Rudner, employment lawyer, mediator and founder of Rudner Law, who will lead UKG’s upcoming webinar, “Navigating COVID-19 in Canada.”

In light of the coronavirus crisis “health and safety is the top priority and concern on the minds of employers and employees,” says Ontario employment lawyer Nadia Zaman.

The World Health Organization has confirmed that we are now in the midst of a pandemic. Many countries have enacted dramatic travel restrictions, some cities and countries have attempted to shut themselves off completely from the outside world. Broadway is dark, all professional sports leagues have been suspended, school breaks have been extended, and people are fighting over toilet paper in the stores. So, what are employers supposed to do, and what can employees expect?

Although U-Haul operates in Canada as well as the U.S., Canadian legal experts say that it’s highly unlikely the new nicotine-free job requirement will ever take hold there.

A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.

Lawyers who properly prepare for mediation increase their chance for success, says Toronto-area employment lawyer and mediator Stuart Rudner.

Just over a month ago, U-Haul, a large and well-known corporation, announced that it will no longer hire smokers in 21 U.S. states, though this would not impact the remaining states or its Canadian operations. So, can Canadian employers enact such a policy?

Adding an extra statutory holiday to the calendar isn’t that easy. “It is a lot more complicated than you might think,” employment lawyer Stuart Rudner told HuffPost Canada. “It’s easy to add a day, but I think you’ve got to look at the much bigger picture here.”

It is not uncommon for employers to attempt to obtain closure and finality by offering some additional compensation to an employee at the end of the employment relationship in exchange for a full and final release.

t is not difficult to comprehend the reasoning behind why romantic relationships develop at work. The workplace is where people can find like-minded coworkers who share the same interests, backgrounds, attitudes, and goals, and if the relationship aligns, those colleagues can evolve into partners.

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our video blog about employee resignations was featured in this month's edition.

An individual is hired to work for a company for a period of one year, perhaps as a replacement for someone on pregnancy/parental leave. Six months later, the company decides that it no longer needs them, perhaps because the employee on leave has decided to return early. If the company terminates the contract, how much notice or pay in lieu is the employee entitled to? And does the plaintiff have a duty to mitigate? We often say “it depends” but in this case, the answer may depend on where you are in the country.

Employers have a duty to accommodate many things, from disability to childcare obligations and much more. But when is this duty triggered, and how far do employers have to go? And what is the role of the employee?

Uber Toronto drivers in Toronto have filed an application with the Ontario Labour Relations Board to form a union and hope to include Uber X drivers if their bid is successful. But the bold plan will almost certainly be met with fierce opposition by Uber.

Stuart Rudner, an employment lawyer based in Toronto, explained that in Canada, employers are forbidden under the Human Rights Act to discriminate against applicants based on race, sex and disability, among other provisions.

Employment lawyer Stuart Rudner from Rudner Law speaks to Alan about BlackRock.

We often hear sentiments such as “peace on earth and goodwill to all” at this time of year. And yet we cannot even discuss whether it is “Merry Christmas” or “Happy Holidays” without controversy. Efforts to promote inclusiveness are often derided as “political correctness gone overboard” as some lament the fact that are “not allowed” to have a Christmas party anymore while those who celebrate other holidays are often frustrated that unlike their Christian colleagues, their holiday is not statutorily protected.

The McDonald’s incident serves as example of the broader confusion surrounding workplace romance, says Stuart Rudner, an employment lawyer and mediator with Rudner Law in Markham, Ont.

The Divisional Court’s decision in Bombardier doesn’t reflect a change in law, but it is important in that it’s “a great reminder,” says Stuart Rudner of employment and labour firm Rudner Law in Toronto. “Just because something’s not signed and in writing, it’s still a binding agreement.”

Stuart Rudner, an employment lawyer and mediator in Toronto, says he advises corporate clients against imposing blanket bans on workplace relationships.

Earlier this year, the Ontario Divisional Court upheld a decision which confirmed that an employer’s occasional flexibility with regard to an employee’s hours of work did not displace the employer’s right to enforce the agreed upon hours at a later time.

HRD spoke to Stuart Rudner, author of “Workplace Harassment: It’s Never Okay” in conjunction with UKG, who explained HR’s responsibility when it comes to workplace abuse.

In this episode, we'll consider the legal rights and obligations of employers, how to stay compliant and ways to minimize the risk of claims. Stuart Rudner is a senior lawyer, mediator, arbitrator, and founder of Rudner Law.

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our article, about the supposed 'rule of thumb' for notice of termination, is featured in this edition.

Dentists usually preach good oral hygiene to prevent gingivitis and tooth decay, but preventative maintenance applies equally to employment law and, in particular, buying or selling a practice. Strategic planning, enforceable contracts, effective workplace policies, and properly implemented procedures are the employment-law equivalent of brushing and flossing, and can be tremendously beneficial in avoiding legal claims from employees. This is true of both day-to-day practice operations and practices in transition.

Perhaps you’re fresh out of school, looking for your first position as a hygienist. Or maybe you have been working as a hygienist for many years and are looking to move to a new practice (or multiple practices). Or, perhaps the dentist you have been working with has just asked you to sign a very legalistic new contract. When you are presented with that contract, what should you do? Should you sign? What difference can it really make?

It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which makes sense; a former CEO should not be required to accept a job as a cashier as part of their duty to mitigate.

The employer’s duty to accommodate is often triggered when the employee requests accommodation. As with all requests for accommodation, the employee must cooperate with the employer in order to find a reasonable accommodation. However, what happens if the employee does not request accommodation and is later terminated following a positive post-incident drug and alcohol test? This was the issue before the Canadian Railway Office of Arbitration & Dispute Resolution in the case of Canadian National Railway and Teamsters Rail Conference (F.A.), Re.

Join Catherine King Ward as she delves into the world of HR consulting and the important issues that face HR professionals today and in the future. The third episode features the second part of a two part discussion with Stuart Rudner, a preeminent HR/Employment Lawyer in Canada. Stuart and Catherine discuss current issues that HR professionals are facing and the legal concerns that may arise.

If an individual is moved into a lower level role to accommodate certain restrictions and limitations identified by their doctor, does the employer have to keep their salary and perquisites the same? This may surprise many readers, but the answer is no: all else being equal, it is not unlawful to reduce an employee’s compensation in order to align it with their new role.

Join Catherine King Ward as she delves into the world of HR consulting and the important issues that face HR professionals today and in the future. The second episode features the first part of a two part discussion with Stuart Rudner, a preeminent HR/Employment Lawyer in Canada. Stuart and Catherine discuss current issues that HR professionals are facing and the legal concerns that may arise.

In some cases, U.S. companies with Canadian divisions seek to apply an American legal approach on employees in Canada. Stuart Rudner, a Toronto lawyer with his own employment and HR practice, says the result can be a fear factor. “Even if it’s non-enforceable, most people will assume that it is and they won’t take their chances,” he says. “It might be a weapon the company can use to make your life difficult.”

When it comes to how we handle disputes, there are many options. And yet the reality is that most of us tend to do things the same way every time.

Some things can’t be changed, but there are many ways in which an experienced employment lawyer can help you to protect your rights. “The key is to be proactive,” says Stuart Rudner, Employment Lawyer and Mediator, Founder of Rudner Law.

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our video update on termination clauses is featured in this edition.

In a recent decision, the Ontario Divisional Court confirmed that an employer’s duty to accommodate ends when the employee is no longer capable of fulfilling the basic duties associated with their employment relationship for the foreseeable future.

Writing and updating my book has forced me to keep on top of summary dismissal cases. Reviewing all of those decisions has made it clear that there are no absolute rules, and that it is absolutely foolish to attempt to assess whether just cause for dismissal exists without considering all relevant facts.

You probably know what happens if you don’t practice good oral hygiene: tooth decay, gingivitis, and even worse. But what about preventative maintenance when it comes to employment law?

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our article, about the accommodation of medicinal cannabis use, is featured in this edition.

While a bifurcated approach does not provide all the benefits of a traditional arbitration clause, it will allow the parties to choose their own “judge,” define the litigation process, establish available remedies and appeal rights, all the while maintaining confidentiality, in most disputes.

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances. Interestingly, an Ontario arbitrator recently declined to order that a wrongfully dismissed employee be reinstated due to her behaviour during the trial.

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our article, about how much say your employer can have over your tattoos and piercings, is featured in this edition.

Recently, the Public Health Agency of Canada reported that in 2018 one life was lost every two hours in relation to opioids. Most of those deaths happened in British Columbia and Ontario, but the crisis has affected every part of the country. In the midst of this, it’s time for employers to take the lead in dealing with the opioid crisis in the workplace.

In Ontario, Bill 14, the Personal Information Protection Act was introduced and passed second reading in 2018, but it died on the order paper with the change in government. With more Conservative governments across Canada, which are employer-protective, it is unlikely that more restrictions will be placed on employers through provincial privacy workplace legislation, says Stuart Rudner, principal of Rudner Law in Markham, Ont., who practices on both the employer and employee side.

As we saw with the #MeToo movement, employers that fail to investigate workplace complaints face public backlash, or much worse. In Ontario, investigating suspected harassment is now the law. But what if you’re conducting a workplace investigation and dealing with difficult people? Sometimes, this is a reality. If this is your reality, here are five tips on what to do.

For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law. In recent years, we have seen several cases break through the 24 month cap, with many experts suggesting that the law had evolved and that there was no more cap in place.

Stuart provides the first answer to the following question: I have been charged with assault. Will this hinder my ability to land a new job?

Hundreds of Uber drivers have joined a union in hopes of getting the ride sharing company to address their concerns about safety and working conditions. Stuart is interviewed in this report.

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our article about mediation joint sessions is featured in this edition.

There are some pieces of advice that I offer repeatedly to clients in a variety of contexts. One of my favourites: “Do not rush to judgment.” Those knee-jerk, visceral or emotional reactions usually lead to bad decisions which can cost an organization dearly.

Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality; often, the parties want to avoid a public hearing and a published judgment that sets out all of the intimate details of the case, as well as the findings of the judge with respect to fault and blameworthiness. That is particularly true for defendants in most cases.

For employment lawyer and mediator Stuart Rudner with Rudner Law in Markham, Ontario, the 180-degree turn in our attitude towards sexual-harassment claims — from doubting alleged victims to the other extreme of taking complaints at face value without proof — is one of the consequences of this groundbreaking and potentially disconcerting shift in our workplace zeitgeist.

Stuart was interviewed by post-grad journalism student at Humber College in Toronto, Caitrin Hodson, for her piece on the tangible impacts of the #MeToo movement to date.

Employment lawyer Stuart Rudner says it's time for a system that allows everyone to observe their religious days in a fair and equitable manner.

It is the classic line used by judges and arbitrators when they find that summary dismissal was not warranted: “Some lesser form of discipline was appropriate.”

The outcry has prompted the city to launch an investigation. Stuart Rudner, an employment lawyer and mediator, says the situation is complex and raises many questions.

In the wake of the #metoo movement, we saw many individuals lose their jobs and careers due to allegations of sexual harassment. One question that has arisen, and which our firm has commented upon is how employers are to react when those individuals attempt to return to the workforce. In other words, what does one do when they receive a job application from someone that lost a previous job as a result of sexual harassment?

NS doctor uneasy over being asked for detailed patient information when writing sick notes, Lawyer Stuart Rudner raises privacy concerns over sick notes.

Do you wish you had more time with new grandchildren? Then lobby your employer to follow the lead of Cisco, which offers grandparents on its payroll an extra three days off, paid. Those three days are more than other big U.S. employers provide, Stuart Rudner, employment lawyer and mediator at Rudner Law in Markham, Ontario, told Considerable.

Stuart is interviewed in this article, written by Bruce Mayhew, featured in the April 2019 edition of HR Professionals Digital Magazine (page 17).

Stuart and Shaun contributed this article to the April Issue of Ontario Dentist, discussing what to look for when transitioning employees between practice owners.

This blog post contains a series of tips on how parties should approach mediation, written based upon Stuart's attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as a mediator.

The Ontario Human Rights Code (the “Code”) defines family status as “the status of being in a parent and child relationship.” In other words, the term can apply to the adult parents of young children, or alternatively the adult children of senior parents. In any event, the Code states that everyone has the right to be treated equally in employment on the basis of family status.

Back in 1999, mandatory mediation was introduced in a few jurisdictions in Ontario on a trial basis. In 2001, a report was submitted to the Civil Rules Committee: Evaluation Committee for the Mandatory Mediation Pilot Project, reviewing the first 23 months of the experiment. The 2001 Haan Report is detailed and lengthy. However, some key themes are readily apparent.

As we all know, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as disability. The employer’s duty to accommodate is often triggered when an employee requests accommodation. But what happens when an employee does not request accommodation but the employer knows, or ought to know, that the employee has a disability and may need to be accommodated? What is the employer obligated to do then? Is there a duty to inquire?

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Shaun's video blog, Hollywood in the Aftermath of the #MeToo Movement, is featured in this edition.

While many modern employers believe they’re in a no-win situation when it comes to employment law, Shaun Bernstein, an employment lawyer and associate at Rudner Law, urges organizations – and their HR leaders – to cast that negativity aside and to, instead, adopt a proactive approach.

The law regarding post-termination bonus entitlement is in a state of uncertainty which might soon be clarified by the highest court in the land, as the Supreme Court of Canada has granted leave to appeal in Matthews v. Ocean Nutrition Canada Limited [2018] S.C.C.A. No. 331.

Stuart answers why notes need to be contemporaneous and why integrity of the notes is vital.

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination.

Stuart has been encouraging employment and corporate lawyers to include arbitration clauses in their contracts of employment for quite some time now. The reason is simple: the parties can avoid the delays, inefficiencies and unpredictability of the standard civil litigation process by establishing a process customized to the specific case and presided over by a subject-matter expert.

In recent years, the law has evolved somewhat, all in favour of longer notice periods. The Courts have rejected the previous “rule” which capped “lower-level” employees at 12 months, reserving notice periods of more than a year for executives. As a result, we are seeing more and more awards between 12 and 24 months.

There are contradicting views on what Contemporaneous Examination Notes are and how they should be written. Stuart gives his legal opinion regarding Contemporaneous Notes in this article.

When an employer manufactures allegations of cause against an employee, they are acting directly against their obligation of good faith in the course of dismissal. Courts will be extremely critical of such conduct, and the employer may end up costing themselves more than the expenses they were trying to avoid.

In theory, employees experiencing long-term trauma or harassment on the job have been entitled to workers’ compensation benefits since 2016. However, as recently reported by the Toronto Star, the board denies over 90% of chronic mental stress claims, suggesting that the criteria being imposed should be given a critical look.

“It’s critical that employers and employees understand what the law says about accommodation — what’s required from both parties, because it should be a bilateral or two-way process,” [Rudner] said. “When it comes to requests for accommodation, it’s critical to have a very clear, defined process.”

We all know that an employer risks a constructive dismissal claim when they unilaterally impose substantial changes to fundamental terms of the employment agreement. But can they do the exact same thing simply by giving the employee notice of the change, rather than having it take effect immediately? As one recent case confirmed, yes, they can. Should they be allowed to? While some people have argued that it is unfair, Stuart's view is that if they provide sufficient notice, there is nothing wrong with it.

Enshrining protected grounds in legislation does not, unfortunately, have the effect of immediately eradicating discrimination on the basis of those grounds. However, it does send a clear message to all people who live and work in Canada that individuals who identify with these protected groups exist and that discrimination against them will not be tolerated.

“Severance is one month per year of service”, right? Wrong. Our courts have made it clear that there is no such “rule of thumb”, and that they will consider several factors beyond length of service, including the employee’s age, position, and availability of similar employment. In addition, other relevant factors can include inducement to leave prior secure employment, which can dramatically increase an individual’s entitlement and result in far more than a month of notice per year of service.

After months, if not years, of wild speculation about the impact upon the workplace of the legalization of cannabis, we have now been through the first two weeks of the legal cannabis era, and the sky has not fallen. Many employers have proclaimed their fear that the law of accommodation means that employers would have to allow truck drivers to get the behind the wheel while impaired, or that employees will now be allowed to smoke up while on the job. The reality is that there have been very few reports of workplace issues over the last two weeks. So, was this much ado about nothing?

The termination of a British Columbia manager for requesting that a restaurant patron remove his hat — which sported a slogan supporting U.S. President Donald Trump — has ignited debate around politics and the workplace. Stuart offers his insight.

Police forces that ban officers outright from using recreational marijuana after it is legalized will likely face court challenges, says an Ontario employment lawyer.

What is an employer to do when they receive an application from someone that they know, or suspect, was previously outed as a sexual harasser?

"Ongoing training is also crucial, employment lawyer Stuart Rudner of Rudner Law says. “It’s critical everyone understands what the policies and procedures are,” he says, and that requires training, training and more training."

Nadia Zaman appeared on Radio Canada International (RCI) to discuss a 25-year-old server's complaint with the British Columbia Human Rights Commission. The server recently got fired because she refused to put on a brassiere in hot weather to serve patrons on the patio at the country club where she was working.

B.C. woman filed a human rights complaint over demand she wear a bra at work "If they simply require that female employees wear a bra but then they don't have a similar requirement for males, and they can't really justify that … then there is a risk that their policy's going to be deemed to be discriminatory," Zaman said.

Is it fair to use a non-competition clause to shut someone out of an industry? What about a non-solicitation clause? Will courts even enforce such restrictions?

Observing Ramadan in the workplace can throw up some issues in regards to lost productivity, breaks and exhaustion. Stuart shares his insight with Human Resources Director Canada in this article on how employers and HR can support Muslim employees during Ramadan.

One of Stuart’s pet peeves is employers who want references to help them in their candidate selection, but who refuse to provide references for their own former employees. They may do so out of fear of liability. A fear that Stuart says is irrational and unfounded.

So should workplace romance be banned? Even in the #MeToo era, bans on office romance are a no go, says Toronto employment lawyer and mediator Stuart Rudner. There is little purpose served in having a non-fraternization policy. This article was also published in the following papers: Kingston Whig-Standard Northern Daily News (Kirkland Lake) The Chatham Daily News Woodstock Sentinel-Review Daily Observer (Pembroke) Niagara Falls Feview Daily Herald-Tribune (Grande Prairie) Welland Tribune St. Catharines Standard The Brockville Recorder & Times Sarnia Observer Owen Sound Sun Times Peterborough Examiner The Belleville Intelligencer Brantford Expositor London Free Press Winnipeg Sun

"Rudner warn[s] against using more than one annotation tool in a law department. Annotations created by one application can’t necessarily be read or edited using another."

In addition to training and fair investigations, employers should consider the needs of all parties addressing allegations of harassment. See Stuart comment on how workplace sexual harassment affects mental health in this news segment.

Stuart Rudner, an employment lawyer and mediator in Toronto, says it's important to decide whether you want to stay in the job. If you do, then first try working out other methods of compensation, such as additional vacation days or flexible hours so you can work from home, or good old cash.

Stuart answers why notes need to be contemporaneous and why integrity of the notes is vital.

Focus on E-Discovery: Standards for electronic evidence needed "Rudner says that the discovery process can be wired so that everyone has the same information on their own screens, and that becomes a similar discussion prior to trial. There, part of the discussion is whether the courtroom is wired for electronic documents or whether they have to put together a system. Most of this can be resolved at a pre-trial conference."

Stuart Rudner and Brittany Taylor write about What To Do If Your Employee is "One of Them".

“The fax is an antiquated technology,” wrote Stuart Rudner. “That said, in order to properly and easily serve a court document in Ontario, the fax is still necessary. ... That’s the only reason that my new firm has a fax number.” Having a fax number doesn’t mean you have a fax machine. “We use an online fax service,” explained the employment lawyer and mediator at Rudner Law.

Ontario’s Bill 148 contains controversial provisions viewed as negative for many employers. “Most of the changes are intended to protect lower-level workers by increasing minimum wage, sick days and vacation,” says Stuart Rudner, [founder of at Rudner Law]. “But they look like they will have an impact on small businesses, maybe not mid-sized businesses."

Stuart Rudner told the Globe and Mail a few years ago, employers must walk on egg shells when approaching an older worker with performance issues: “As soon as you say anything …’You seem to be slowing down,’ even if it relates to age indirectly, you are opening yourself to a human rights claim… you have got to treat this so cautiously.”

Lawyer and author Stuart Rudner has opened a new firm. Located in Markham, Ont., Rudner Law was created with a focus on employment law and dispute resolution and mediation in mind.

Stuart explains your options if one of your employees is caught “on tape” (as we used to say) at a rally of white supremacists / neo-Nazis, avidly chanting racist, anti-Semitic and other offensive slogans?

Stuart answers this question: If an employee is required to sign a new employment contract that introduces a new severance clause and changes other elements in order to get a promotion, is the new position enough to justify the changes?

Stuart is interviewed on BC Almanac (@BCalmanac) on CBC Radio (Vancouver) regarding the recent decision of the BC Ferries to ban smoking, and the legal implications for the employment relationship.

Stuart is quoted in the Globe & Mail on Bill 132's effect on workplace reporting of occupational health and safety issues.

Stuart outlines the various accommodation responsibilities of employers based on the types of marijuana users they might encounter in their workplace.

Stuart on whether it is legal to expect employees that once had a corporate credit card to now cover weekly travel expenses on their own personal credit card.

Nadia Zaman comments on the Ontario Human Rights Commission’s report on sexualized and gender-based dress codes in restaurants.

Stuart is featured in a CBC News article on accommodation of medical marijuana at work, after presenting at a conference in PEI on the topic.

Stuart is quoted on the responsibilities of employers to accommodate users of medicinal marijuana.

Stuart is quoted in a Workopolis.com article on the responsibilities of employers to accommodate users of medicinal marijuana.

Stuart on the rights of employees and responsibilities of employers when it comes to temporary and part-time workers in the 'gig economy.'

Stuart and Richa's advice to employers regarding accommodation of medicinal marijuana is featured in The Lawyers Daily.

Stuart is quoted in the Globe and Mail on what an employee can do if they suspect that their bosses are involved in unethical or illegal activities.

Stuart is quoted in Canadian HR Reporter Magazine on how employers should set boundaries to avoid any potential overtime claims.

Stuart on handling medical documentation when responding to requests for accommodation.

Stuart on what you can do as an employee to deal with a bully boss.

Stuart on the importance of updating policies on drug and alcohol use in the face of increasing use of medicinal marijuana in Canada.

Stuart is quoted on the balance employers and employees must find when it comes to personal technology use in the workplace.

Stuart on why employers should tread carefully and be inclusive, particularly around the holidays.

Stuart on best practices in allocating payments in wrongful dismissal settlements.

Stuart on the importance of contracts in seasonal employment relationships.

Natalie appears on the Global Toronto Morning Show to discuss best practices when attending or hosting a company holiday party.

Stuart on how Fox News' lawsuit, and Ontario’s Bill 132 show sexual harassment is no longer tolerated.

Stuart is quoted in Ottawa Life Magazine on the importance of contracts in employment relationships.

Stuart responds in the Globe and Mail's Nine to Five column.

Stuart is interviewed by AM570 Kitchener on banning work email at home.

Stuart is quoted on an after-hours email ban by a Toronto-area school board.

Stuart authors a piece for Forensic Notes on termination for just cause.

Stuart is quoted in OHS Canada on the TTC's new random alcohol and drug testing.

Stuart addresses a reader's question about employment records in the Globe & Mail's Nine to Five column.

Stuart speaks with 680 news' Mike Eppel on 'summer brain' and the productivity issues some employers face during the warmer months.

Stuart speaks with City News about a tragic case of workplace romance gone wrong at the Toronto Star newspaper.

Stuart and Brittany discuss the importance of keeping thorough files for performance management, accommodation and complaints.

Stuart appears on CityNews discussing the impact of the Jian Ghomeshi trial on courtrooms and workplaces.

Stuart discusses accommodating medicinal marijuana in the workplace.

Stuart is quoted on workplace romances and tips for how employers can best navigate workplace relationships.

Stuart is quoted on the update to the Ontario Human Rights Commission Policy on Preventing Discrimination Based on Creed.

Stuart discusses the employer and employee's duty to participate in the accommodation process

Stuart discusses a case against WSIB taken to Human Rights Tribunal of Ontario

Stuart is quoted on the impact of allegations of sexual harassment on the individual and employer.

Stuart is quoted on criminal record checks and disclosure to employers

Stuart is quoted on hiring for a position, and whether there are limits on when an organization can hire internally.

Stuart is quoted on policies and procedure to lessen the risks of employee social media conduct making headlines.

Stuart is quoted in HR Reporter on why an 'obvious' just cause termination might not be a good idea.

Stuart is quoted on the issue of whether travel to and from a business meeting in another city considered payable.

Stuart is quoted in Canadian HR Reporter on the effectiveness of restrictive covenants.

Stuart is interviewed by Fairchild TV on employers' duty to accommodate employees who use medical marijuana in the workplace.

Stuart is interviewed by FindLaw Canada on the legal challenges a 6 hour work day would face in Canada.

Stuart is interviewed by The Lawyers Weekly Magazine on the role of teleconferencing in meeting with clients from other cities.

Natalie weighs in on a St. Michael’s Hospital probe into the conduct of a top executive.

Stuart is quoted in Business News Network on a case where an employee of Canadian National Railway Co. shared secret customer information with Canadian Pacific Railway Ltd.

Stuart is quoted on the importance of social media in developing and maintaining a successful legal practice through brand recognition and relationship management. Read the article here.

Stuart is interviewed by Global TV on the PanAm games sexual harassment case.

Natalie is quoted in the Toronto Star regarding employee rights to privacy regarding the hidden camera found in an exit sign at the Ontario Federation of Labour.

Stuart addresses how what you do outside of work can get you fired, especially in the age of social media.

Stuart appears on BNN's The Close to discuss vacation time - use it or lose it. What are the laws and how can you best manage your vacation time?

Stuart is quoted in Lexpert Magazine on how firms can leverage technology in a digital age to avoid being left behind.

Stuart is quoted in the Globe and Mail on the Ontario Ministry of Labour's 192 orders on health and safety problems at the Green Electron power plant in Sarnia.

Stuart is quoted in Law Times on how commonness of part-time employment, and the evolution of technology, has dated the Employment Standards Act.

Stuart is quoted in the Globe and Mail on how religious-turned-secular holidays effectively provide greater benefit to some members of the population than others.

Benefits Canada also picks up a Canadian Press article where Stuart addresses the rights and responsibilities of employers and employees for conduct outside of the workplace.

Stuart is quoted in In-House Counsel Magazine, on the use of office policies to reduce issues that can arise from office romances.

The Chronicle Herald also picks up a Canadian Press article where Stuart addresses the rights and responsibilities of employers and employees for conduct outside of the workplace.

Stuart discusses whether an employee can be fired for what they do outside of work.

The Edmonton Journal also picks up a Canadian Press article where Stuart addresses the rights and responsibilities of employers and employees for conduct outside of the workplace.

Stuart addresses the risks and rewards that companies face when they hastily dismiss an employee for conduct outside of the workplace.

Stuart addresses the rights and responsibilities of employers and employees for conduct outside of the workplace.

Stuart addresses the risks and rewards that companies face when they hastily dismiss an employee for conduct outside of the workplace.

Stuart addresses the risks and rewards that companies face when they hastily dismiss an employee for conduct outside of the workplace.

Stuart is quoted in the Globe & Mail: "Because of social media, an employee can still face the wrath of their employer, even if their inappropriate statements are unrelated to their workplace"

Stuart discusses privacy in the workplace with CBC Radio host Rubina Ahmed-Haque.

Stuart addresses whether an employee can be disciplined or dismissed when there is no evidence to support allegations.

Stuart appeared on BNN to discuss how what you say outside of work can in fact get you fired

Stuart is quoted in this article on when an employer can limit or prevent workers from moonlighting.

Stuart is quoted in the Globe and Mail regarding Sun News Network's Ontario bureau employees receiving more severance than employees from other provinces.

Stuart is quoted in The Lawyers Weekly Magazine on the dangers of nepotism in the workplace.

Stuart participates in a Q & A session on workplace romance.

Stuart offers guidance on employee conduct with a former partner in the workplace.

Stuart discusses company holiday party etiquette with James Munroe on 680 News Toronto.

Stuart's appointment to the International Association of Human and Information Resources Management Board is featured in an edition of Financial Posts's Legal Moves & Groves

Stuart speaks with City News about developments around the Jian Ghomeshi case.

Stuart is quoted in a Toronto Star investigation into whether the Canadian Hockey League treats Junior players as employees, despite contrary public statements by league officials.

Stuart appeared on City News to discuss the impact of social media on employment law cases before they go to court.

Stuart is quoted in Human Resources Management Online about employers' rights to terminate employment for actions outside of the workplace.

Stuart is quoted in this Metro News article examining the rights of employers to terminate employees for behaviour outside their workplace.

Stuart is quoted in the Financial Post on how to navigate the difficult terrain of employment termination.

Stuart is quoted in this article discussing a recent decision by the Ontario Human Rights Tribunal, which determined there are some situations in which employers don’t need to undertake an investigation.

Stuart is quoted in this article addressing recent a decision confirming childcare accommodation as part of family status under human rights legislation

Stuart helps to answer the question of whether an employee swearing in the workplace counts as misconduct.

Stuart is quoted in the Globe and Mail "Ask a Recruiter" column on head hunters' rights to request a passport copy.

Stuart is quoted in this article discussing how to ensure a seamless and cost effective transition during an acquisition.

New issues in employment law seem to pop up all the time, especially with human rights challenges to terminations, Toronto Employment Lawyer Stuart Rudner says in the spring 2014 issue of In-House Counsel magazine.

Stuart is quoted in this Globe & Mail Article on an internal Deutsche Bank Group video warning colleagues: Don't be “boastful, indiscreet and vulgar”

Stuart discussed employer and employee rights and obligations when it comes to dressing appropriately in the workplace.

Stuart co-authored this article on the effects of workplace incivility.

Stuart was quoted in "Bulking up: How GoodLife Became Canada's Dominant Gym", which appeared in the Report on Business section of the Globe and Mail. Stuart addressed the enforceability of non-compete clauses in Canada.

In this issue of MoneySense magazine, Stuart is quoted on some of the consequences of ending mandatory retirement.

Stuart addressed the need for employees to provide doctors' notes for absences amid a recent statement by the Ontario Medical Association president.

Stuart is quoted in this Law Times article addressing the awarding of costs to successful parties.

Stuart discusses the rise of the older worker, and age discrimination lawsuits on Vancouver's Simi Sara Show

Stuart appeared on Toronto Speaks: Legal advice. The segment can now be viewed on our YouTube channel.

Stuart and Natalie discuss the recent bullying case involving the Miami Dolphins.

Stuart writes about the complexities of dismissal and just cause in the November issues of AutoJounal.

Stuart addresses the importance of properly characterizing two different employment relationships - employee and independent contractor

Stuart attended the Feldman Daxon HR Breakfast meeting to discuss issues relating to human resources in Canada.

Stuart discusses the unique employment law challenges facing car dealership employers and employees.

Stuart's piece in Law Times magazine examines the Ontario Human Right's Commissions decision on the "Canadian experience" requirement of some employers.

A Guide to Terminations

Stuart and Natalie weigh in on the case of a Mr. Lube employee's tweet for a 'spliff' while on the job.

In this edition of the Globe and Mail’s Brain Storm column, Stuart is quoted about discrimination based on weight.

Stuart Rudner interviewed on Newstalk 1010 “Friendly Fire” discussing unpaid interns.

Article by Yamri Taddese in the Law Times in which Natalie MacDonald is cited extensively.

Article by Stuart for The Lawyers Weekly.

Stuart Rudner in HR Professional offers up a comprehensive checklist that legal representatives need to consider when reviewing your company’s contracts, policies and procedures.

EJ Akkerman discusses how social media affects workplace policies and procedures, referencing Stuart Rudner extensively.

Stuart Rudner does a Q&A session with Julie Labrie for the Blue Sky Personnel Solutions HR Blog.

Stuart Rudner offers his expert opinion on a recent Federal Court ruling that could have broad implications for employees seeking accommodation for childcare-related requests.

Stuart is quoted on the importance of employers paying attention to childcare accommodation requests if they hope to stay on the right side of Canada's evolving employment laws.