RUDNER LAW

In The News

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Legal Matters Canada: Time is running out to meet accessibility act requirements

November 10, 2020
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.
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First Reference Talks: Another termination clause void in the wake of Waksdale

November 10, 2020
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.
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CityNews: Whole Foods faces backlash over employee poppy ban, reverses course

November 9, 2020
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.
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The Lawyer’s Daily: Terminating employment: Avoid mixed messages

October 30, 2020
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.
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Legal Matters Canada: Knowing your rights, responsibilities in a termination can avoid hardship

October 27, 2020
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.
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HRD Canada: Post-termination obligations: Why HR needs to think strategically

October 27, 2020
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.”
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Canadian Lawyer Magazine: New Brunswick case a reminder careful wording is needed in termination letters, employment contracts

October 22, 2020
“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.
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Breakfast Television: Applications open for new sick leave benefit from federal government

October 13, 2020
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.
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First Reference: Not every change to a parent’s work schedule is discrimination

October 6, 2020
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.”
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LexisNexis: Back to Normal? COVID-19 and Return-to-work Issues

September 28, 2020
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.
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The Lawyer’s Daily: Dabbling in employment contracts can be dangerous

September 17, 2020
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.
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Legal Matters Canada: Employers must be proactive when dealing with racial equality

September 17, 2020
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.
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HRD Canada: Is COVID-19 a workplace injury?

September 10, 2020
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.
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First Reference: Reduction of damages for failure to mitigate

September 10, 2020
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?
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Ontario Bar Association: SPILL: What We Do in Private

September 10, 2020
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.
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HR Carnival: An Inside Look At All Things Human Resources #HRCarnival

September 8, 2020
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.
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McDonald’s Canada outlet closes after employee tests positive for COVID-19

September 1, 2020
Speaking to HRD Canada, Stuart Rudner, founder of employment law firm Rudner Law, explained the potential ramifications of employees catching the virus at work.
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Enhanced wage subsidy program offers relief for more workers

August 31, 2020
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.
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Parents face loss of income if children fall ill returning to school

August 26, 2020
Stuart Rudner, an employment lawyer from Toronto, says, “[Parents] shouldn’t have to worry about losing their job,” if their kids get sick.
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The Lawyer’s Daily: Do I have to return to the office during COVID-19?

August 19, 2020
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?”
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CTV News: Sask. teachers worried about COVID-19 could refuse to work – if they have the right grounds

August 19, 2020
Rudner said the danger in the workplace must be substantial and cannot be generalized fears.
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First Reference: Character of employment

August 7, 2020
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?
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Carnival of HR – July 2020

July 28, 2020
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.
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CBC News: The National

July 16, 2020
CBC News: The National reported on "face mask exemption cards" and how businesses are handling the mandatory mask bylaws - Nadia Zaman is quoted.
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First Reference Talks: Invalid for cause termination provision voids entire termination clause

July 16, 2020
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.
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CTV News: Provinces prepare to lift lockdowns

July 13, 2020
Business owners and workers are equally unsure about how the law really works as workplaces reopen.
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Legal Matters Canada: Virtual mediation an effective option for the legal profession

July 8, 2020
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.
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CTV News: Business owners on their own when it comes to mask bylaw enforcement

July 8, 2020
"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."
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The Lawyer’s Daily: Notice periods and an employer’s economic circumstances

July 7, 2020
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?
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CTV News: Majority of Canadians’ work refusal claims being denied amid COVID-19

June 26, 2020
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.
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Legal Matters Canada: Keeping records is important when terminating workers on leave

June 25, 2020
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.
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CTV News: Feds looking at permanent remote work, office needs after COVID-19

June 23, 2020
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.
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Optimum Talent: The Legalities of Imposed Wage Reductions, Layoffs, + Labour Cost Reductions

June 18, 2020
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
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The Carnival of HR – June 2020

June 18, 2020
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.
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HRD Canada – COVID-19: Can an employee sue for catching the virus at work?

June 15, 2020
HRD spoke to Stuart Rudner, founder of employment law firm Rudner Law. Rudner recently co-authored a report with Ultimate Software, 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.
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First Reference Talks: When is two year wrongful dismissal limitation period enough?

June 11, 2020
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.
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CDHA: COVID-19 Employment Q&A

June 3, 2020
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.
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Toronto Star: What are your rights as you return to work in the middle of a pandemic? We asked two employment lawyers

June 1, 2020
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.
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Ontario Bar Association: Virtual Mediation Memo

June 1, 2020
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.
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The Lawyer’s Daily: Virtual mediation: Temporary or here to stay?

May 22, 2020
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?
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Legal Matters Canada: Be ready for new employment realities in the post-COVID world

May 15, 2020
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.
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Maritime Noon with Bob Murphy

May 14, 2020
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.
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Vaughan Chamber of Commerce: Getting Back to Business after COVID-19 – HR Law Issues to Be Aware of

May 13, 2020
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.
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CTV News: Returning to work during COVID-19 – Part 3

May 6, 2020
Employment lawyers Muneeza Sheikh and Stuart Rudner join CTV News Channel to break down employees’ rights when they head back to work.
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CTV News: Returning to work during COVID-19 – Part 2

May 6, 2020
Employment lawyers Muneeza Sheikh and Stuart Rudner join CTV News Channel to break down employees’ rights when they head back to work.
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CTV News: Returning to work during COVID-19 – Part 1

May 6, 2020
Employment lawyers Muneeza Sheikh and Stuart Rudner join CTV News Channel to break down employees’ rights when they head back to work.
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CTV Your Morning: How employers are planning for a post-COVID-19 world

May 6, 2020
There are a few things businesses should know before reopening.
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First Reference Talks: COVID-19 fact sheet regarding government support for employees

May 5, 2020
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.
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Viewpoints Radio Interview

May 4, 2020
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?
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CTV News: Provinces begin unveiling plans to reopen

April 28, 2020
Employment Lawyer Stuart Rudner talks about the legal implications and logistics of reopening businesses amid the COVID-19 pandemic.
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Canadian Auto World: COVID-19 Employer, Employee Give and Take

April 27, 2020
Stuart writes about what employers are supposed to do, and what employees can expect, during the crisis.
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York Small Business: COVID-19 and the Workplace, What You Need to Know

April 15, 2020
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.
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CityNews Toronto: Keeping Canadians paid during the COVID-19 pandemic

April 13, 2020
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.
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The Lawyer’s Daily: Constructive dismissal and COVID-19

April 2, 2020
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.
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Legal Matters Canada: Know your workplace rights during coronavirus shutdowns

April 1, 2020
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.
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First Reference Talks: COVID-19 pandemic: Fact sheet for employers and employees

March 26, 2020
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.
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The Globe and Mail: Employment lawyers warn companies about legal risks in temporary layoffs

March 26, 2020
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.
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CityNews: Can you refuse work during a pandemic?

March 25, 2020
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.
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Toronto Star: Thousands of businesses may be breaking the law when they lay off employees, expert says

March 25, 2020
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.
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CityNews: What to do if you’ve been laid off due to COVID-19

March 23, 2020
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.
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HRD Canada: Navigating COVID-19 in Canada

March 23, 2020
As industry leaders, Ultimate Software 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 Ultimate’s upcoming webinar, “Navigating COVID-19 in Canada.”
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Legal Matters Canada: Employers must consider legal obligations during COVID-19 crisis

March 18, 2020
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.
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The Lawyer’s Daily: COVID-19: Employer, employee give and take

March 16, 2020
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?
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World At Work: Should Employers Butt Out?

March 13, 2020
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.
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First Reference Talks: No obligation to accommodate employee’s “preference” to work closer to home

March 6, 2020
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.
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Legal Matters Canada: The difference between going to mediation and winning at mediation

February 24, 2020
Lawyers who properly prepare for mediation increase their chance for success, says Toronto-area employment lawyer and mediator Stuart Rudner.
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The Lawyer’s Daily: Discrimination and smokers in the workplace

February 20, 2020
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?
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Huffington Post: More Statutory Holidays May Be Great For Our Health, But Not The Economy

February 18, 2020
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.”
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First Reference Talks: Full and final: Human rights application successfully barred by signed release

February 18, 2020
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.
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Rise People: Managing Interpersonal Relationships at Work

February 12, 2020
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.
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The Carnival of HR – Movin’ On Edition

February 12, 2020
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.
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The Lawyer’s Daily: No clarity on early termination of fixed-term contracts

January 21, 2020
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.
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Ultimate Software: Whitepaper

January 15, 2020
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?
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BNN Bloomberg: The Open Uber ‘Black’ drivers seek to include ‘X’ drivers in potential union

January 14, 2020
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.
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Toronto Star: U-Haul is refusing to hire smokers. Can Canadian companies do the same?

January 3, 2020
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.
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Employment Lawyer Stuart Rudner on The Alan Carter Show

December 12, 2019
Employment lawyer Stuart Rudner from Rudner Law speaks to Alan about BlackRock.
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The Lawyer’s Daily: Merry Christmas or Happy Holidays?

December 12, 2019
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.
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Talent Canada: Workplace romance a no-go zone in C-suite

December 10, 2019
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.
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Canadian Lawyer Magazine: Is an oral agreement binding? Workplace lawyers provide insight

December 10, 2019
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.”
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The Globe and Mail: BlackRock executive Mark Wiseman exits investment firm over failure to disclose relationship with colleague

December 9, 2019
Stuart Rudner, an employment lawyer and mediator in Toronto, says he advises corporate clients against imposing blanket bans on workplace relationships.
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First Reference Talks: Flexibility does not create new terms of employment

December 6, 2019
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.
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HRD Canada: Workplace Harassment: It’s Never Okay

December 4, 2019
HRD spoke to Stuart Rudner, author of “Workplace Harassment: It’s Never Okay” in conjunction with Ultimate Software, who explained HR’s responsibility when it comes to workplace abuse.
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HRchat Podcast: Employment Law and the Role of HR w/ Stuart Rudner, Rudner Law

December 4, 2019
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.
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Workology: Carnival of HR – November 2019

November 28, 2019
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.
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Dental Tax: What to look for when transitioning employees between practice owners

November 26, 2019
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.
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Oral Health Group: So, You Just Got A Job Offer… Contracts, What You Need To Know

November 20, 2019
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?
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The Lawyer’s Daily: The tricky question of what counts as employee mitigation

November 14, 2019
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.
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Canadian Occupational Safety: CNR worker fired for cocaine use, 70 demerit points and causing derailment

November 12, 2019
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.
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Fifty Thousand Foot: The H.R. Consulting Perspective Podcast – Episode 3

October 16, 2019
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.
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First Reference: Can accommodation include a reduction in pay?

October 4, 2019
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.
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Fifty Thousand Foot: The H.R. Consulting Perspective Podcast – Episode 2

October 1, 2019
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.
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Globe and Mail: Sign here: Why the increasing use of non-compete clauses is bad for employees, and the economy

September 27, 2019
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.”
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The Lawyer’s Daily: Getting creative with dispute resolution

September 26, 2019
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.
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HRD Canada: How you know it’s time to partner with an employment lawyer

September 20, 2019
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.
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The Devon Group: Carnival of HR – September 2019

September 18, 2019
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.
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First Reference: “Desire to Work” is not enough – Appellate court upholds dismissal for frustration of contract

September 6, 2019
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.
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The Lawyer’s Daily: Predicting just cause for dismissal a mug’s game

September 6, 2019
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.
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Oral Health Group: What You Don’t Know Will Hurt You

August 30, 2019
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?
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Omega HR Solutions, Inc.: Carnival of HR – August 2019

August 22, 2019
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.
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The Lawyer’s Daily: Bifurcated ADR clauses: Better than nothing

August 8, 2019
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.
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First Reference: Reinstatement is a potential remedy, but not in this case

August 2, 2019
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.
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Surviving Leadership: Carnival of HR – July 2019

July 29, 2019
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.
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The Toronto Star: Employers must take the lead in the opioid crisis at work

July 17, 2019
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.
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Canadian Lawyer Magazine: Collecting employee data

July 15, 2019
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.
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HR Options Inc: Handling difficult people in workplace investigations

July 12, 2019
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.
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First Reference: Ontario Court of Appeal confirms 24 month cap on notice periods absent exceptional circumstances

July 5, 2019
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.
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The Globe and Mail, Career Advice, Nine to Five

July 4, 2019
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?
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CityNews Toronto: Uber drivers pushing for unionization

July 3, 2019
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.
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Lakeside HR: Carnival of HR – June 2019

June 28, 2019
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.
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The Lawyer’s Daily: Don’t rush to judge employees on medical, disability leave

June 28, 2019
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.
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First Reference: When sharing is not caring: The high cost of breaching confidentiality

June 20, 2019
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.
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Canada’s Occupational Health & Safety Magazine: Venus Versus Mars

June 17, 2019
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.
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Are men afraid of mentoring women after #MeToo?

June 10, 2019
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.
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CBC News: Time to give all employees the right to honour their own religious holidays, says employment lawyer

June 3, 2019
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.
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Humareso: Carnival of HR – May 2019

May 16, 2019
The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our video for Mental Health Week is featured in this edition.
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The Lawyer’s Daily: Summary dismissal: Employers need a bigger toolbox

May 14, 2019
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.”
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CBC News: A former white-supremacist group leader is working for Hamilton, what can the city do?

May 13, 2019
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.
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First Reference: How a bad hire could lead to damages for constructive dismissal

May 6, 2019
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?
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CBC Maritime Noon: Sick Notes

May 2, 2019
NS doctor uneasy over being asked for detailed patient information when writing sick notes, Lawyer Stuart Rudner raises privacy concerns over sick notes.
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Considerable: This company offers paid leave for grandparents

May 2, 2019
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.
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HR Professional Digital Magazine: Sorry You’ve Chosen to Be Fired

April 29, 2019
Stuart is interviewed in this article, written by Bruce Mayhew, featured in the April 2019 edition of HR Professionals Digital Magazine (page 17).
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Ontario Dentist: Taking a Bite Out of Employment Law

April 29, 2019
Stuart and Shaun contributed this article to the April Issue of Ontario Dentist, discussing what to look for when transitioning employees between practice owners.
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Ontario Bar Association: Tips for a Successful Mediation

April 23, 2019
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.
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Planet-legal: It Takes A Village: Ontario’s Human Rights Tribunal and the Lingering Debate over Accommodating Parental Responsibilities

April 18, 2019
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.
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The Lawyer’s Daily: It’s time to take mandatory mediation national

April 17, 2019
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.
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First Reference: Duty to accommodate may be triggered even when employee does not request accommodation.

April 11, 2019
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?
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HRJazzy: March 2019 HR Carnival

March 25, 2019
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.
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HRD Canada: How to be strategic when hiring and firing employees

March 21, 2019
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.
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The Lawyer’s Daily: Clarification coming on discretionary bonuses

March 14, 2019
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.
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Forensic Notes: How To Properly Document

March 8, 2019
Stuart answers why notes need to be contemporaneous and why integrity of the notes is vital.
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First Reference: If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.

March 5, 2019
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.
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The Lawyer’s Daily: For Uber, the devil was in arbitration clause

February 20, 2019
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.
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First Reference: Is 36 months the new 24?

February 1, 2019
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.
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Forensic Notes: MS Word and OneNote should NEVER be used for Contemporaneous Notes

January 29, 2019
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.
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First Reference: The dangers of unfounded allegations of just cause for dismissal

January 4, 2019
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.
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The Lawyer’s Daily: System failing workers with chronic mental stress

January 2, 2019
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.
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HRReporter: Combating the rise of mental health claims

January 1, 2019
“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.”
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The Lawyer’s Daily: Sufficient notice and a ‘peppercorn’ of consideration

December 13, 2018
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.
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First Reference: No skirting around the issue: Gender identity and sexual orientation discrimination appear to be on the rise

December 11, 2018
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.
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First Reference: Court awards six months’ pay in lieu of notice to employee terminated after six months

November 14, 2018
“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.
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The Lawyer’s Daily: Workplace cannabis: Where there’s smoke, is there fire?

November 2, 2018
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?
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HR Reporter: In Trump era, HR should get ahead of potential conflicts: Experts

October 23, 2018
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.
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The Lawyer’s Daily: Police forces planning ‘absolute’ abstinence pot policies may face legal hurdles, lawyer says.

October 12, 2018
Police forces that ban officers outright from using recreational marijuana after it is legalized will likely face court challenges, says an Ontario employment lawyer.
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The Lawyer’s Daily: Is there employment life after #MeToo?

October 11, 2018
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?
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Canadian Lawyer: Navigating Sexual Harassment in a #MeToo World

September 21, 2018
"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."
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RCI: Gender-based dress codes are stirring debate across Canada

September 4, 2018
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.
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CBC: ‘It’s a human rights issue’: Women fight for the right to be braless on the job

September 1, 2018
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.
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The Lawyer’s Daily: Make sure you can justify those restrictive covenants in employment agreements

August 7, 2018
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?
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HRD Canada: Ramadan at work – How can HR support Muslim employees?

May 16, 2018
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.
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The Lawyer’s Daily: Get over your fear of giving references

May 14, 2018
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.
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Toronto Sun: The realities of office romances

February 22, 2018
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
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The Lawyer’s Daily: On-screen document annotation is great, if you know how

February 20, 2018
"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."
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BNN: ‘The professional fight of her life’: How workplace sexual harassment affects mental health

January 31, 2018
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.
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The Globe and Mail: My co-worker has been on sick leave for months, and I’ve been picking up the slack. Help!

January 30, 2018
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.
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Forensic Notes: Contemporaneous Notes

December 6, 2017
Stuart answers why notes need to be contemporaneous and why integrity of the notes is vital.
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Law Times: Paperless trials advantageous for lawyers

December 4, 2017
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."
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HR Professional: Disciplining Employees for Off-Duty Conduct

October 20, 2017
Stuart Rudner and Brittany Taylor write about What To Do If Your Employee is "One of Them".
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The Lawyer’s Daily: Hi Tech: Outdated technology bad for your client, firm and the law

October 4, 2017
“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.
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Canadian Lawyer: New rights for the precariously employed

September 19, 2017
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."
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National Post: Should the law force directors to cast old actors in young roles?

September 11, 2017
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.”
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The Lawyer’s Daily: Rudner opens new employment law firm

September 6, 2017
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.
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The Lawyer’s Daily: Dismissing the alt-right employee, with and without cause

September 5, 2017
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?
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Employment Law Today: New employment contract for promoted employee

August 29, 2017
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?
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CBC Radio (Vancouver): Implications of a Smoking Ban on Employees

August 23, 2017
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.
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Globe & Mail: Workplace abuse comes at steep cost for nurses, taxpayers

June 28, 2017
Stuart is quoted in the Globe & Mail on Bill 132's effect on workplace reporting of occupational health and safety issues.
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Canadian AutoWorld: Weed in the workplace – how to accommodate without getting burned

June 22, 2017
Stuart outlines the various accommodation responsibilities of employers based on the types of marijuana users they might encounter in their workplace.
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Canadian Employment Law Today: Eliminating company credit cards for expenses

May 11, 2017
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.
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Canadian Employment Law Today: Dressing down discriminatory dress codes

May 10, 2017
Nadia Zaman comments on the Ontario Human Rights Commission’s report on sexualized and gender-based dress codes in restaurants.
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CBC News: ‘There’s a duty to accommodate’ – Stuart Rudner on medical marijuana at work

May 5, 2017
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.
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HuffPost: Legal Marijuana Is Going To Change The Canadian Workplace

May 2, 2017
Stuart is quoted on the responsibilities of employers to accommodate users of medicinal marijuana.
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Workopolis: What employers need to know about marijuana in the workplace

April 25, 2017
Stuart is quoted in a Workopolis.com article on the responsibilities of employers to accommodate users of medicinal marijuana.
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Yahoo Finance: Bill offers new protections for temporary workers in Ontario

April 20, 2017
Stuart on the rights of employees and responsibilities of employers when it comes to temporary and part-time workers in the 'gig economy.'
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The Lawyers Daily: Weed in the workplace – accommodate without getting burned

April 17, 2017
Stuart and Richa's advice to employers regarding accommodation of medicinal marijuana is featured in The Lawyers Daily.
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Globe & Mail: To rat or not to rat

March 31, 2017
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.
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Canadian HR Reporter: Do workers have to take laptops home?

March 29, 2017
Stuart is quoted in Canadian HR Reporter Magazine on how employers should set boundaries to avoid any potential overtime claims.
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Canadian HR Reporter: Medical Documentation Policy Clarified

March 7, 2017
Stuart on handling medical documentation when responding to requests for accommodation.
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Yahoo Finance: Here’s what you should do if you have a horrible boss

February 23, 2017
Stuart on what you can do as an employee to deal with a bully boss.
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Globe & Mail: Companies looking to update substance-use policies face tricky task

February 8, 2017
Stuart on the importance of updating policies on drug and alcohol use in the face of increasing use of medicinal marijuana in Canada.
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Lawyers Weekly: Drawing the Line on Personal Tech Use

January 3, 2017
Stuart is quoted on the balance employers and employees must find when it comes to personal technology use in the workplace.
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Canadian HR Reporter: Figuring out the holiday season

December 12, 2016
Stuart on why employers should tread carefully and be inclusive, particularly around the holidays.
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Canadian HR Reporter: Allocation of settlement funds in wrongful dismissal claims

December 4, 2016
Stuart on best practices in allocating payments in wrongful dismissal settlements.
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Yahoo News: What you need to know if you’re a seasonal employee

December 2, 2016
Stuart on the importance of contracts in seasonal employment relationships.
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Global Toronto: Five Things You Should Never Do at the Office Holiday Party

December 2, 2016
Natalie appears on the Global Toronto Morning Show to discuss best practices when attending or hosting a company holiday party.
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Canadian HR Reporter: The times, they are a changin’

October 25, 2016
Stuart on how Fox News' lawsuit, and Ontario’s Bill 132 show sexual harassment is no longer tolerated.
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Ottawa Life Magazine: Contract is the cornerstone of the employment relationship

October 5, 2016
Stuart is quoted in Ottawa Life Magazine on the importance of contracts in employment relationships.
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Globe Nine to Five: I work 50 hours a week. So why am I paid for 40?

September 26, 2016
Stuart responds in the Globe and Mail's Nine to Five column.
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AM570 Kitchener: Stuart on Banning Work Email on Weekends

September 9, 2016
Stuart is interviewed by AM570 Kitchener on banning work email at home.
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Yahoo Canada: Toronto-area School Board bans after-hour emails

September 8, 2016
Stuart is quoted on an after-hours email ban by a Toronto-area school board.
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Forensic Notes: Termination for Just Cause

August 8, 2016
Stuart authors a piece for Forensic Notes on termination for just cause.
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OHS Canada: Transit Applies Random Testing

July 20, 2016
Stuart is quoted in OHS Canada on the TTC's new random alcohol and drug testing.
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Globe & Mail: Can I strike a termination from my employment history?

July 18, 2016
Stuart addresses a reader's question about employment records in the Globe & Mail's Nine to Five column.
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680 News Toronto: Stuart on Productivity and ‘Summer Brain’

June 21, 2016
Stuart speaks with 680 news' Mike Eppel on 'summer brain' and the productivity issues some employers face during the warmer months.
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City News: Toronto Star Tragedy Shines Light on Perils of Office Romances

June 9, 2016
Stuart speaks with City News about a tragic case of workplace romance gone wrong at the Toronto Star newspaper.
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Canadian HR Reporter: Document, document, document

May 30, 2016
Stuart and Brittany discuss the importance of keeping thorough files for performance management, accommodation and complaints.
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CityNews: Will Ghomeshi deal further discourage women from stepping forward?

May 10, 2016
Stuart appears on CityNews discussing the impact of the Jian Ghomeshi trial on courtrooms and workplaces.
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Canadian HR Reporter: Accommodating medical marijuana

May 2, 2016
Stuart discusses accommodating medicinal marijuana in the workplace.
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NCR Silver: What Every Business Owner Should Know About Office Romances

April 14, 2016
Stuart is quoted on workplace romances and tips for how employers can best navigate workplace relationships.
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Canadian HR Reporter: Updated policy on creed in Ontario sparks queries from interest groups

April 4, 2016
Stuart is quoted on the update to the Ontario Human Rights Commission Policy on Preventing Discrimination Based on Creed.
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Canadian HR Reporter: Participating in the accommodation process

April 4, 2016
Stuart discusses the employer and employee's duty to participate in the accommodation process
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Toronto Sun: System failed injured worker who left country

March 21, 2016
Stuart discusses a case against WSIB taken to Human Rights Tribunal of Ontario
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Financial Post: With the first Ghomeshi verdict looming it’s a good time for employers to review harassment policies

March 3, 2016
Stuart is quoted on the impact of allegations of sexual harassment on the individual and employer.
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Globe & Mail: Nine to Five

February 7, 2016
Stuart is quoted on criminal record checks and disclosure to employers
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Succession Planning: Inside out – when it comes to making a hire, cast the widest net

December 18, 2015
Stuart is quoted on hiring for a position, and whether there are limits on when an organization can hire internally.
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Lexpert: Social misconduct – managing workplace social media risks

December 18, 2015
Stuart is quoted on policies and procedure to lessen the risks of employee social media conduct making headlines.
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Canadian HR Reporter: No guarantee for summary dismissal

December 4, 2015
Stuart is quoted in HR Reporter on why an 'obvious' just cause termination might not be a good idea.
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Canadian HR Reporter: Paying an employee for a single daytrip

November 24, 2015
Stuart is quoted on the issue of whether travel to and from a business meeting in another city considered payable.
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Canadian HR Reporter: Corporate espionage alleged in railway dispute

November 20, 2015
Stuart is quoted in Canadian HR Reporter on the effectiveness of restrictive covenants.
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Fairchild TV: Medical Marijuana in the Workplace

October 27, 2015
Stuart is interviewed by Fairchild TV on employers' duty to accommodate employees who use medical marijuana in the workplace.
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FindLaw: Could a six-hour workday work in Canada?

October 21, 2015
Stuart is interviewed by FindLaw Canada on the legal challenges a 6 hour work day would face in Canada.
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Lawyers Weekly: The new way to meet with clients

October 20, 2015
Stuart is interviewed by The Lawyers Weekly Magazine on the role of teleconferencing in meeting with clients from other cities.
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Globe & Mail: St. Michael’s probes executive after role in fraud revealed

September 24, 2015
Natalie weighs in on a St. Michael’s Hospital probe into the conduct of a top executive.
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BNN: CN Rail alleges corporate espionage in suit against CP

September 23, 2015
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.
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Lawyers Weekly Magazine: The social side of business

September 21, 2015
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.
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Global News: David Peterson charged with sexual harassment by a Pan Am Games employee

August 19, 2015
Stuart is interviewed by Global TV on the PanAm games sexual harassment case.
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Toronto Star: Hidden camera shocks labour federation staff

August 14, 2015
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.
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Canadian Business: When a scandal-ridden employee has to go

August 7, 2015
Stuart addresses how what you do outside of work can get you fired, especially in the age of social media.
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BNN The Close: Vacation Time

July 8, 2015
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?
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Lexpert Magazine: How Lawyers Can Harness Technology

June 23, 2015
Stuart is quoted in Lexpert Magazine on how firms can leverage technology in a digital age to avoid being left behind.
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Globe & Mail: Construction of Sarnia power plant beset by worker safety problems

June 5, 2015
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.
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Law Times: Private sector unions courted as Wynne launches labour law review

May 28, 2015
Stuart is quoted in Law Times on how commonness of part-time employment, and the evolution of technology, has dated the Employment Standards Act.
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Globe & Mail: Why we should rethink stat holidays

May 25, 2015
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.
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Benefits Canada: Firing staff for bad off-hours behaviour has risks, rewards

May 22, 2015
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.
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In-House Counsel Magazine: Dangerous liaisons

May 21, 2015
Stuart is quoted in In-House Counsel Magazine, on the use of office policies to reduce issues that can arise from office romances.
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The Chronicle Herald: Dismissal for off-hours conduct has risks, rewards

May 19, 2015
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.
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AM 570: Does your conduct outside of work have consequences on your work life?

May 15, 2015
Stuart discusses whether an employee can be fired for what they do outside of work.
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Edmonton Journal: Firing staff for off-hours conduct has risks, rewards for companies

May 15, 2015
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.
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Vancouver Sun: Firing staff for off-hours conduct has risks, rewards for companies

May 15, 2015
Stuart addresses the risks and rewards that companies face when they hastily dismiss an employee for conduct outside of the workplace.
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AM 900: A Look at the Law Surrounding the Firing of a Hydro One Employee

May 14, 2015
Stuart addresses the rights and responsibilities of employers and employees for conduct outside of the workplace.
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Metro News: Labour law experts weigh in on firing of heckler

May 14, 2015
Stuart addresses the risks and rewards that companies face when they hastily dismiss an employee for conduct outside of the workplace.
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CHEK News: Firing staff for off-hours conduct has risks, rewards for companies

May 14, 2015
Stuart addresses the risks and rewards that companies face when they hastily dismiss an employee for conduct outside of the workplace.
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Globe & Mail: How social media brought workplace harassment rules into play for men who lewdly heckled reporter

May 13, 2015
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"
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CBC Radio: Privacy in the Workplace

May 4, 2015
Stuart discusses privacy in the workplace with CBC Radio host Rubina Ahmed-Haque.
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Canadian HR Reporter: Bad behaviour, no witnesses

April 17, 2015
Stuart addresses whether an employee can be disciplined or dismissed when there is no evidence to support allegations.
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Business News Network: What you say outside of work can get you fired

April 10, 2015
Stuart appeared on BNN to discuss how what you say outside of work can in fact get you fired
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Canadian HR Reporter: A little something on the side

March 12, 2015
Stuart is quoted in this article on when an employer can limit or prevent workers from moonlighting.
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Globe & Mail: Sun News Employees Outside of Ontario Given Less Severance

February 20, 2015
Stuart is quoted in the Globe and Mail regarding Sun News Network's Ontario bureau employees receiving more severance than employees from other provinces.
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The Lawyers Weekly Magazine: Tight Family Ties Can Choke a Firm

February 18, 2015
Stuart is quoted in The Lawyers Weekly Magazine on the dangers of nepotism in the workplace.
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The Lawyers Weekly Magazine: Finding a Connection in an Unlikely Way

February 18, 2015
Stuart is quoted in The Lawyers Weekly Magazine about his Canadian HR Law LinkedIn group.
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Globe & Mail: What you need to know about workplace romance

February 11, 2015
Stuart participates in a Q & A session on workplace romance.
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Globe & Mail: Corporate Governess on Sex at Work

January 30, 2015
Stuart offers guidance on employee conduct with a former partner in the workplace.
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680 News Toronto: Holiday Parties

December 19, 2014
Stuart discusses company holiday party etiquette with James Munroe on 680 News Toronto.
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Financial Post: Legal Moves & Groves – Stuart appointed to Board of Directors, IHRIM

November 24, 2014
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
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City News: Employment Lawyer to perform independent CBC review of Ghomeshi allegations

November 5, 2014
Stuart speaks with City News about developments around the Jian Ghomeshi case.
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Toronto Star: Documents contradict CHL stance on junior players amid lawsuit

October 31, 2014
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.
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City News: Stuart discusses the Jian Ghomeshi matter

October 30, 2014
Stuart appeared on City News to discuss the impact of social media on employment law cases before they go to court.
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HRM Online: The right to dismiss your sexually experimental staff members

October 30, 2014
Stuart is quoted in Human Resources Management Online about employers' rights to terminate employment for actions outside of the workplace.
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Metro News: Jian Ghomeshi scandal – Is it a matter of ‘employers in the bedroom?’

October 28, 2014
Stuart is quoted in this Metro News article examining the rights of employers to terminate employees for behaviour outside their workplace.
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Financial Post: The hardest part of being a manager – How to terminate an employee

October 26, 2014
Stuart is quoted in the Financial Post on how to navigate the difficult terrain of employment termination.
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The Lawyers Weekly: Confusion remains over duty to investigate

September 26, 2014
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.
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Law Times: Family status protections bolstered

September 26, 2014
Stuart is quoted in this article addressing recent a decision confirming childcare accommodation as part of family status under human rights legislation
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HRM Online: Can you fire someone for swearing at work?

July 9, 2014
Stuart helps to answer the question of whether an employee swearing in the workplace counts as misconduct.
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Globe & Mail: Can a headhunter demand a copy of my passport?

June 26, 2014
Stuart is quoted in the Globe and Mail "Ask a Recruiter" column on head hunters' rights to request a passport copy.
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Financial Post: 5 ways to prevent HR risks during an acquisition

June 20, 2014
Stuart is quoted in this article discussing how to ensure a seamless and cost effective transition during an acquisition.
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In-House Counsel Magazine: The Termination Test

June 17, 2014
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.
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Globe & Mail: Deutsche Bank’s viral warning to traders: don’t be vulgar

May 26, 2014
Stuart is quoted in this Globe & Mail Article on an internal Deutsche Bank Group video warning colleagues: Don't be “boastful, indiscreet and vulgar”
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Global News Toronto: Proper Attire in the Workplace

May 15, 2014
Stuart discussed employer and employee rights and obligations when it comes to dressing appropriately in the workplace.
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The Lawyers Weekly: Rudner MacDonald Google Hangouts

April 29, 2014
The firm's innovative use of Google Hangouts is profiled in this column of Lawyers Weekly.
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Globe & Mail: Employee’s being rude to co-workers? Make it your business.

April 23, 2014
Stuart co-authored this article on the effects of workplace incivility.
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Globe & Mail: Bulking up – How GoodLife became Canada’s dominant gym

March 27, 2014
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.
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MoneySense: The new game of retirement chicken

March 18, 2014
In this issue of MoneySense magazine, Stuart is quoted on some of the consequences of ending mandatory retirement.
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The Lawyers Weekly: Diagnosing the Need for Doctors’ Notes

March 7, 2014
Stuart addressed the need for employees to provide doctors' notes for absences amid a recent statement by the Ontario Medical Association president.
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Law Times: Strong backing for bill allowing HRTO Costs

February 25, 2014
Stuart is quoted in this Law Times article addressing the awarding of costs to successful parties.
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Lawyer’s Weekly: Turning the email beast into a straightforward task

February 21, 2014
Stuart is quoted in this Lawyer's Weekly article on how to effectively manage high email volumes.
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CKNW: The Simi Sara Show

January 21, 2014
Stuart discusses the rise of the older worker, and age discrimination lawsuits on Vancouver's Simi Sara Show
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VIDEO: Toronto Speaks – Legal Advice

December 30, 2013
Stuart appeared on Toronto Speaks: Legal advice. The segment can now be viewed on our YouTube channel.
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Globe and Mail – Why All Workplaces Must Take Bullying Seriously

November 21, 2013
Stuart and Natalie discuss the recent bullying case involving the Miami Dolphins.
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Lawyers’ Weekly – Breaking up Badly

November 21, 2013
Stuart is quoted on restrictive covenants in this issue of Lawyers' Weekly
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Punishment Must Fit the Crime

October 31, 2013
Stuart writes about the complexities of dismissal and just cause in the November issues of AutoJounal.
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Difference between employee, independent contractor important

October 23, 2013
Stuart addresses the importance of properly characterizing two different employment relationships - employee and independent contractor
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Stuart sits on legal panel discussing HR issues

October 12, 2013
Stuart attended the Feldman Daxon HR Breakfast meeting to discuss issues relating to human resources in Canada.
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Auto Journal: From hired to fired

September 18, 2013
Stuart discusses the unique employment law challenges facing car dealership employers and employees.
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Law Times: Canadian experience requirement discriminatory

September 18, 2013
Stuart's piece in Law Times magazine examines the Ontario Human Right's Commissions decision on the "Canadian experience" requirement of some employers.
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Fired from your job? You may be entitled to severance pay

September 9, 2013
Stuart addresses the complexities of just dismissal cases and severance pay.
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Is an employee’s spliff request just cause for dismissal?

September 9, 2013
Stuart and Natalie weigh in on the case of a Mr. Lube employee's tweet for a 'spliff' while on the job.
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Have your say: How can we stop discrimination based on weight?

August 6, 2013
In this edition of the Globe and Mail’s Brain Storm column, Stuart is quoted about discrimination based on weight.
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“Friendly Fire” Interview

June 13, 2013
Stuart Rudner interviewed on Newstalk 1010 “Friendly Fire” discussing unpaid interns.
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Firm sued for $1.5M as just-cause defence withdrawn

May 27, 2013
Article by Yamri Taddese in the Law Times in which Natalie MacDonald is cited extensively.
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Are employees accused of misconduct harder to fire?

May 17, 2013
Article by Stuart for The Lawyers Weekly.
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Has Your Organization had an HR Checkup Lately?

March 30, 2013
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.
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Social Media and the Workplace

March 1, 2013
EJ Akkerman discusses how social media affects workplace policies and procedures, referencing Stuart Rudner extensively.
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Parental Accommodation: Implications on Human Rights Legislation in the Workplace

February 8, 2013
Stuart Rudner does a Q&A session with Julie Labrie for the Blue Sky Personnel Solutions HR Blog.
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Federal Court sides with new mother who claimed right to set work hours

February 6, 2013
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.
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CBC News: Employers told they must accommodate staff’s child-care requests

February 5, 2013
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.
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