November 12, 2019

The employer’s duty to accommodate is often triggered when the employee requests accommodation. As with all requests for accommodation, the employee must cooperate with the employer in order to find a reasonable accommodation.

However, what happens if the employee does not request accommodation and is later terminated following a positive post-incident drug and alcohol test? This was the issue before the Canadian Railway Office of Arbitration & Dispute Resolution in the case of Canadian National Railway and Teamsters Rail Conference (F.A.), Re.

October 16, 2019

Join Catherine King Ward as she delves into the world of HR consulting and the important issues that face HR professionals today and in the future.

The third episode features the second part of a two part discussion with Stuart Rudner, a preeminent HR/Employment Lawyer in Canada. Stuart and Catherine discuss current issues that HR professionals are facing and the legal concerns that may arise.

October 7, 2019

If an individual is moved into a lower level role to accommodate certain restrictions and limitations identified by their doctor, does the employer have to keep their salary and perquisites the same? This may surprise many readers, but the answer is no: all else being equal, it is not unlawful to reduce an employee’s compensation in order to align it with their new role.

October 1, 2019

Join Catherine King Ward as she delves into the world of HR consulting and the important issues that face HR professionals today and in the future.

The second episode features the first part of a two part discussion with Stuart Rudner, a preeminent HR/Employment Lawyer in Canada. Stuart and Catherine discuss current issues that HR professionals are facing and the legal concerns that may arise.

September 27, 2019

In some cases, U.S. companies with Canadian divisions seek to apply an American legal approach on employees in Canada.
Stuart Rudner, a Toronto lawyer with his own employment and HR practice, says the result can be a fear factor. “Even if it’s non-enforceable, most people will assume that it is and they won’t take their chances,” he says. “It might be a weapon the company can use to make your life difficult.”

September 26, 2019

When it comes to how we handle disputes, there are many options. And yet the reality is that most of us tend to do things the same way every time.

September 23, 2019

Some things can’t be changed, but there are many ways in which an experienced employment lawyer can help you to protect your rights. “The key is to be proactive,” says Stuart Rudner, Employment Lawyer and Mediator, Founder of Rudner Law.

September 19, 2019

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our video update on termination clauses is featured in this edition.

September 6, 2019

In a recent decision, the Ontario Divisional Court confirmed that an employer’s duty to accommodate ends when the employee is no longer capable of fulfilling the basic duties associated with their employment relationship for the foreseeable future.

Writing and updating my book has forced me to keep on top of summary dismissal cases. Reviewing all of those decisions has made it clear that there are no absolute rules, and that it is absolutely foolish to attempt to assess whether just cause for dismissal exists without considering all relevant facts.