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?

July 28, 2020

Welcome to another round of Carnival of HR. Hosted by Voice of HR, this month focuses on what organizations have learned recently, or innovations that they’ve put forward.
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.

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.

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.

July 13, 2020

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

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.

"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."

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?

June 26, 2020

Stuart Rudner, employment lawyer and founder of Rudner Law in Toronto, told 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.

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.