March 26, 2020

In this post, we try to address some of the main questions and concerns you may have as an employer or employee in the face of the COVID-19 pandemic. We hope that you will find this general information useful, but want to stress the importance of obtaining independent legal advice with respect to your individual circumstances. And, of course, things are moving very quickly in relation to this pandemic and the information below may change as the situation evolves.

Businesses – particularly retailers and others that have been forced to shut down according to government orders – could also argue that the employment contract has been “frustrated,” meaning it is impossible to perform as there is no work to do. In that case, there would be no obligation to pay severance, said Stuart Rudner, founder of Rudner Law, an employment law firm in Toronto.

March 25, 2020

There are no specific rules outlined for essential businesses that are allowed to operate, leaving some workers questioning if they’ll have the right to refuse if appropriate safety measures aren’t in place.

Ford says they do.

“If you don’t feel safe, walk off the site and call the Ministry of Labour.”

But one employment lawyer says it’s not that simple.

“There’s always been a right to refuse unsafe work in our occupational health and safety legislation,” Stuart Rudner told CityNews.

Toronto employment lawyer Stuart Rudner told the Star that many businesses don’t have the right to lay their employees off, and he thinks there may be a wave of wrongful dismissal lawsuits in the coming weeks or months.

March 23, 2020

While the COVID-19 pandemic has resulted in many Canadians having been temporarily laid, employment lawyer Stuart Rudner says it’s important to have frank conversations with your employers and pay attention to what’s in your contract.

As industry leaders, Ultimate Software is committed to providing employers with the latest advice on the unfolding COVID-19 (coronavirus) pandemic.

As such, HRD spoke to Stuart Rudner, employment lawyer, mediator and founder of Rudner Law, who will lead Ultimate’s upcoming webinar, “Navigating COVID-19 in Canada.”

March 18, 2020

In light of the coronavirus crisis “health and safety is the top priority and concern on the minds of employers and employees,” says Ontario employment lawyer Nadia Zaman.

March 16, 2020

The World Health Organization has confirmed that we are now in the midst of a pandemic. Many countries have enacted dramatic travel restrictions, some cities and countries have attempted to shut themselves off completely from the outside world. Broadway is dark, all professional sports leagues have been suspended, school breaks have been extended, and people are fighting over toilet paper in the stores. So, what are employers supposed to do, and what can employees expect?

March 13, 2020

Although U-Haul operates in Canada as well as the U.S., Canadian legal experts say that it’s highly unlikely the new nicotine-free job requirement will ever take hold there.

That's because, as Stuart Rudner, a Toronto-based employment lawyer, recently told the Calgary Star, in Canada “employers are forbidden under the country’s Human Rights Act to discriminate against applicants based on race, sex and disability.”

March 6, 2020

A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.