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.

March 8, 2019

Stuart answers why notes need to be contemporaneous and why integrity of the notes is vital.

March 6, 2019

Advances in technology can be a double-edged sword for companies and their employees, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com.

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.

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.

February 14, 2019

Dispute resolution clauses are a productive method of ensuring that employment-related disputes can be resolved efficiently and effectively — provided they’re properly crafted, says Toronto employment lawyer and mediator Stuart Rudner

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.

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.

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.

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.