February 24, 2020

Lawyers who properly prepare for mediation increase their chance for success, says Toronto-area employment lawyer and mediator Stuart Rudner.

February 20, 2020

Four years ago, the owner of a jet boat tour company made national headlines when he publicly proclaimed that he had refused to hire smokers for the past 30 years. At the time, I blogged about the issue and offered my view that in all likelihood, such a policy would be a breach of human rights legislation. Then just over a month ago, U-Haul, a much larger and well-known corporation, announced that it will no longer hire smokers in 21 U.S. states, though this would not impact the remaining states or its Canadian operations. So, can Canadian employers enact such a policy?

February 18, 2020

Adding an extra statutory holiday to the calendar isn’t that easy.

“It is a lot more complicated than you might think,” employment lawyer Stuart Rudner told HuffPost Canada. “It’s easy to add a day, but I think you’ve got to look at the much bigger picture here.”

It is not uncommon for employers to attempt to obtain closure and finality by offering some additional compensation to an employee at the end of the employment relationship in exchange for a full and final release. Even where there are no major issues in dispute, or where the employee’s entitlements appear to be clearly set out in an unambiguous employment agreement, the peace of mind that a signed release brings can be well worth the additional upfront cost.

However, the reality is that there are circumstances where a release will not act as a total shield against a claim for damages arising from the employment relationship. As the entire goal of a release is to close the door on any potential future claims, this can come as quite a shock to both parties.

February 12, 2020

It is not difficult to comprehend the reasoning behind why romantic relationships develop at work. The workplace is where people can find like-minded coworkers who share the same interests, backgrounds, attitudes, and goals, and if the relationship aligns, those colleagues can evolve into partners.

Barack and Michelle Obama met when she was his supervisor at a law firm they had worked at together. That relationship worked out. However, not all office romances do.

How should employers handle the situation of office romances in the workplace?

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. Our video blog about employee resignations was featured in this month's edition.

February 6, 2020

Could smoking hurt your job prospects? As of February 1st, U-Haul in the U.S. is no longer hiring people who smoke. Could this happen in Canada?

January 21, 2020

An individual is hired to work for a company for a period of one year, perhaps as a replacement for someone on pregnancy/parental leave. Six months later, the company decides that it no longer needs them, perhaps because the employee on leave has decided to return early. If the company terminates the contract, how much notice or pay in lieu is the employee entitled to? And does the plaintiff have a duty to mitigate? We often say “it depends” but in this case, the answer may depend on where you are in the country.

January 15, 2020

The Duty to Accommodate Canadian Employees: It's a Two-Way Street

Accommodation in the workplace is a matter of human rights.
An overview of the duty to accommodate Canadian employees

Employers have a duty to accommodate many things, from disability to childcare obligations and much more. But when is this duty triggered, and how far do employers have to go? And what is the role of the employee?

In this essential reference guide, Employment Lawyers from Rudner Law provide an overview of the duty to accommodate, including:

How to respond to a request for accommodation
When the duty to accommodate is triggered
How to determine "undue hardship"
Common examples of accommodation

Download your guide to accommodation in the workplace now. Prepared by Stuart Rudner and Nadia Zaman of Rudner Law.

January 14, 2020

Uber Toronto drivers in Toronto have filed an application with the Ontario Labour Relations Board to form a union and hope to include Uber X drivers if their bid is successful. But the bold plan will almost certainly be met with fierce opposition by Uber.