RUDNER LAW

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.

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.