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?

Interviewing witnesses is one of the most important aspects of any workplace investigation — a step that’s as critical as it is challenging, says Toronto employment lawyer and mediator Stuart Rudner.

July 3, 2019

Hundreds of Uber drivers have joined a union in hopes of getting the ride sharing company to address their concerns about safety and working conditions. Stuart is interviewed in this report.

June 28, 2019

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our article about mediation joint sessions is featured in this edition.

There are some pieces of advice that I offer repeatedly to clients in a variety of contexts. One of my favourites: “Do not rush to judgment.” Those knee-jerk, visceral or emotional reactions usually lead to bad decisions which can cost an organization dearly.

June 20, 2019

Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality; often, the parties want to avoid a public hearing and a published judgment that sets out all of the intimate details of the case, as well as the findings of the judge with respect to fault and blameworthiness. That is particularly true for defendants in most cases.

June 17, 2019

For employment lawyer and mediator Stuart Rudner with Rudner Law in Markham, Ontario, the 180-degree turn in our attitude towards sexual-harassment claims — from doubting alleged victims to the other extreme of taking complaints at face value without proof — is one of the consequences of this groundbreaking and potentially disconcerting shift in our workplace zeitgeist.