Big issue in 2022 will be extent of allowable exceptions to mandatory vaccine policies. Stuart comments for the Lawyer’s Daily.

February 11, 2022
Stuart Rudner

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

September 20, 2021
Stuart Rudner

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

August 19, 2021
Stuart Rudner

For years, the prevailing wisdom has been that employers should investigate suspicions of misconduct before firing an employee. We certainly advise our clients to. But what happens if you don’t? Can an employer be liable simply for failing to investigate?…

July 19, 2021
Stuart Rudner

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

June 17, 2021
Stuart Rudner

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

May 17, 2021
Stuart Rudner

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

April 16, 2021
Stuart Rudner

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

March 26, 2021
Stuart Rudner

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

February 24, 2021
Stuart Rudner

“Convince me.” When I am your mediator, that is your job. The easier you make it for me to understand your case, the easier it will be for me to put your case forward in the other room. As I…

January 19, 2021
Stuart Rudner

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

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Big issue in 2022 will be extent of allowable exceptions to mandatory vaccine policies. Stuart comments for the Lawyer’s Daily.

Stuart takes a close look at ‘mandatory’ vaccination policies for the Lawyer’s Daily.

Stuart writes about employee misconduct, and whether or not to investigate, for the Lawyer’s Daily.

Stuart writes about employees who are dishonest about sick leave, and what employers should do, for the Lawyer’s Daily.

For the Lawyer’s Daily, Stuart writes about why so many cases settle before trial.

Who is entitled to paid sick days? – The Lawyer’s Daily

April pay cut is constructive dismissal – The Lawyer’s Daily

Impact of a pandemic on notice periods – The Lawyer’s Daily

Helping your mediator help you – The Lawyer’s Daily

Bringing negative terms to attention of employees

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