August 13, 2019

When the ink is dry on a workplace investigation, the job is far from done, says Toronto employment lawyer and mediator Stuart Rudner.

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.

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.

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.

July 25, 2019

A workplace investigation requires a conclusion and a report, says Toronto employment lawyer and mediator Stuart Rudner.

Drawing a conclusion might not always be easy — but it’s mandatory, Rudner, founder of Rudner Law, tells AdvocateDaily.com.

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.

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.

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.

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.

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?