December 13, 2018 We all know that an employer risks a constructive dismissal claim when they unilaterally impose substantial changes to fundamental terms of the employment agreement. But can they do the exact same thing simply by giving the employee notice of the change, rather than having it take effect immediately? As one recent case confirmed, yes, they can. Should they be allowed to? While some people have argued that it is unfair, Stuart's view is that if they provide sufficient notice, there is nothing wrong with it.
December 11, 2018 Enshrining protected grounds in legislation does not, unfortunately, have the effect of immediately eradicating discrimination on the basis of those grounds. However, it does send a clear message to all people who live and work in Canada that individuals who identify with these protected groups exist and that discrimination against them will not be tolerated.
December 3, 2018 Employers should ensure they have an effective, realistic drug and alcohol policy rather than trying to create one specifically for cannabis, Toronto employment lawyer and mediator Stuart Rudner writes in The Lawyer's Daily.
November 27, 2018 Stuart Rudner says arbitration was once a popular dispute resolution tool in the employment law world, but it gradually fell out of favour. However, he says it could be time for a renaissance, judging by some of the shared concerns of his colleagues at the employment law bar.
November 14, 2018 “Severance is one month per year of service”, right? Wrong. Our courts have made it clear that there is no such “rule of thumb”, and that they will consider several factors beyond length of service, including the employee’s age, position, and availability of similar employment. In addition, other relevant factors can include inducement to leave prior secure employment, which can dramatically increase an individual’s entitlement and result in far more than a month of notice per year of service.
November 2, 2018 After months, if not years, of wild speculation about the impact upon the workplace of the legalization of cannabis, we have now been through the first two weeks of the legal cannabis era, and the sky has not fallen. Many employers have proclaimed their fear that the law of accommodation means that employers would have to allow truck drivers to get the behind the wheel while impaired, or that employees will now be allowed to smoke up while on the job. The reality is that there have been very few reports of workplace issues over the last two weeks. So, was this much ado about nothing?
October 31, 2018 Helping both parties see the benefits of mediation is integral to reaching a settlement, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com.
October 23, 2018 The termination of a British Columbia manager for requesting that a restaurant patron remove his hat — which sported a slogan supporting U.S. President Donald Trump — has ignited debate around politics and the workplace. Stuart offers his insight.
October 17, 2018 Ontario's Human Rights Commission is trying to adopt a balanced approach to protecting the rights of both employers and employees in regard to marijuana use in the workplace, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com.
October 12, 2018 Police forces that ban officers outright from using recreational marijuana after it is legalized will likely face court challenges, says an Ontario employment lawyer.