March 5, 2019

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination.

February 20, 2019

Stuart has been encouraging employment and corporate lawyers to include arbitration clauses in their contracts of employment for quite some time now. The reason is simple: the parties can avoid the delays, inefficiencies and unpredictability of the standard civil litigation process by establishing a process customized to the specific case and presided over by a subject-matter expert.

February 14, 2019

Dispute resolution clauses are a productive method of ensuring that employment-related disputes can be resolved efficiently and effectively — provided they’re properly crafted, says Toronto employment lawyer and mediator Stuart Rudner

February 1, 2019

In recent years, the law has evolved somewhat, all in favour of longer notice periods. The Courts have rejected the previous “rule” which capped “lower-level” employees at 12 months, reserving notice periods of more than a year for executives. As a result, we are seeing more and more awards between 12 and 24 months.

January 29, 2019

There are contradicting views on what Contemporaneous Examination Notes are and how they should be written. Stuart gives his legal opinion regarding Contemporaneous Notes in this article.

January 4, 2019

When an employer manufactures allegations of cause against an employee, they are acting directly against their obligation of good faith in the course of dismissal. Courts will be extremely critical of such conduct, and the employer may end up costing themselves more than the expenses they were trying to avoid.

January 2, 2019

In theory, employees experiencing long-term trauma or harassment on the job have been entitled to workers’ compensation benefits since 2016. However, as recently reported by the Toronto Star, the board denies over 90% of chronic mental stress claims, suggesting that the criteria being imposed should be given a critical look.

January 1, 2019

“It’s critical that employers and employees understand what the law says about accommodation — what’s required from both parties, because it should be a bilateral or two-way process,” [Rudner] said. “When it comes to requests for accommodation, it’s critical to have a very clear, defined process.”

December 21, 2018

Community service is a crucial part of Rudner Law's identity, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com.

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.