April 23, 2019

This blog post contains a series of tips on how parties should approach mediation, written based upon Stuart's attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as a mediator.

April 18, 2019

The Ontario Human Rights Code (the “Code”) defines family status as “the status of being in a parent and child relationship.” In other words, the term can apply to the adult parents of young children, or alternatively the adult children of senior parents. In any event, the Code states that everyone has the right to be treated equally in employment on the basis of family status.

April 17, 2019

Back in 1999, mandatory mediation was introduced in a few jurisdictions in Ontario on a trial basis. In 2001, a report was submitted to the Civil Rules Committee: Evaluation Committee for the Mandatory Mediation Pilot Project, reviewing the first 23 months of the experiment. The 2001 Haan Report is detailed and lengthy. However, some key themes are readily apparent.

April 11, 2019

As we all know, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as disability. The employer’s duty to accommodate is often triggered when an employee requests accommodation. But what happens when an employee does not request accommodation but the employer knows, or ought to know, that the employee has a disability and may need to be accommodated? What is the employer obligated to do then? Is there a duty to inquire?

April 3, 2019

Most disputes arising out of the workplace can be settled efficiently through an alternative dispute resolution (ADR) process rather than the courts, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com.

March 25, 2019

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Shaun's video blog, Hollywood in the Aftermath of the #MeToo Movement, is featured in this edition.

March 21, 2019

While many modern employers believe they’re in a no-win situation when it comes to employment law, Shaun Bernstein, an employment lawyer and associate at Rudner Law, urges organizations – and their HR leaders – to cast that negativity aside and to, instead, adopt a proactive approach.

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.