Since the advent of remote and hybrid work, Canadian organizations have had to evolve and pivot in ways employers never imagined. And, as employment lawyer Stuart Rudner tells HRD, the changes have been hefty when it comes to occupational health…

Employers have a “duty to enquire” when it comes to bullying at work – meaning that if you suspect harassment is happening in your workforce you legally have to act on those suspicions.

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

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

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

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

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