COVID-19
At what point is a contract “frustrated”, and what does that mean?
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
Arbitration Decision on Just Cause Dismissal for Refusal to Vaccinate
In this video update, Nadia Zaman talks about the latest arbitration decision on just cause for dismissal for refusal to vaccinate.
Suing for Constructive Dismissal at Common Law
Does the creation of the Infectious Disease Emergency Leave remove an employee’s right to sue for constructive dismissal at common law?
Breaking Employment Law News: Layoffs are Constructive Dismissals, Even During a Pandemic!
A judge of the Ontario Superior Court has confirmed that laying an employee off is a constructive dismissal, even during a pandemic.
Video Update: Canada Emergency Response Benefit Review
Brittany Taylor gives a summary of the CERB program, how it works, and what your entitlements may be under this program.
Video Update: Canada Emergency Wage Subsidy Review
Brittany Taylor reviews the Canadian Emergency Wage Subsidy (CEWS) and provides a brief summary of this very complicated program to try to assist employers to understand what their entitlements may be.
Video Update: The Entitlement to Overtime Pay
Many of us are focused on COVID-19 and the implications on our society, our health, the economy and our jobs, but it’s important to remember that life goes on and that means so does the legal system. The Superior Court of Ontario recently released a decision relating to overtime and entitlement to overtime pay.
Understanding Your Rights and Obligations During the COVID-19 Crisis
In this video update, Stuart talks about understanding your rights and obligations under the novel circumstances of the COVID-19 crisis.
Constructive Dismissal
At what point is a contract “frustrated”, and what does that mean?
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Pivot, pivot, pivot! Without constructive dismissal.
How do you pivot and make changes in the workplace as an employer without attracting constructive dismissal claims?
Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Suing for Constructive Dismissal at Common Law
Does the creation of the Infectious Disease Emergency Leave remove an employee’s right to sue for constructive dismissal at common law?
Breaking Employment Law News: Layoffs are Constructive Dismissals, Even During a Pandemic!
A judge of the Ontario Superior Court has confirmed that laying an employee off is a constructive dismissal, even during a pandemic.
Rudner Law Video Update: Termination Terminology
In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.
Video Update: Canada Emergency Wage Subsidy Review
Brittany Taylor reviews the Canadian Emergency Wage Subsidy (CEWS) and provides a brief summary of this very complicated program to try to assist employers to understand what their entitlements may be.
Understanding Your Rights and Obligations During the COVID-19 Crisis
In this video update, Stuart talks about understanding your rights and obligations under the novel circumstances of the COVID-19 crisis.
Workplace Investigations and Suspensions
We are dealing with investigations more and more often in the context of employment or HR law, and the reality is, as we often tell our employer clients, you cannot impose discipline, especially dismissal, until you investigate.
Just Cause
Teachable moment for ESPN anchor after commenting on Zack Whitecloud’s name.
During this year’s NHL playoffs, an ESPN anchor made a comment about an Indigenous player’s name – not surprisingly, there was immediate backlash.
Stuart’s Friendly HR Advice on Giving Friendly HR Advice
It’s not often that an HR-related video will go viral and spark conversation online, but it has happened recently. A woman posted on tiktok, offering Canada’s “freedom fighters” some advice – that what you say and do and show on social media can affect your job/job prospects. Ironically, it has done just that.. for her.
Arbitration Decision on Just Cause Dismissal for Refusal to Vaccinate
In this video update, Nadia Zaman talks about the latest arbitration decision on just cause for dismissal for refusal to vaccinate.
Rudner Law Video Update: Insubordination and Dismissal
This vlog was inspired by a very simple question: can you be fired for refusing to do what your boss asks you to do? Is that insubordination? What is insubordination anyways?
Rudner Law Video Update: Termination Terminology
In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.
Stuart on BNN’s The Close: What you say outside of work can get you fired
Recently, Stuart was invited to appear on BNN and discuss off-duty conduct and how employees can get into trouble for…
Keays vs Honda: Stuart at the Supreme Court of Canada
Stuart represented the Human Resources Professionals Association of Ontario (HRPAO) at the Supreme Court of Canada landmark case Keays vs.…
Mitigation
Wrongful Dismissal Claim + Turning Down Reasonable Work = Sacrificing Severance Entitlements
You’ve heard of Girl Math, but let’s do some HR Math. If you are pursuing a wrongful dismissal claim, and you are offered reasonable new work, but you turn it down, you could be sacrificing a significant amount of severance entitlements.
Mitigation: Employee’s Obligations and Employer’s Rights
In this video update, Stuart talks about mitigation, or the legal obligation employee’s have to find new employment if they are let go, often as part of severance discussions.
Rudner Law Video Update: Termination Terminology
In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.
Mitigation
If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.
Potential Damages in Wrongful Dismissal
Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that’s usually an afterthought.
Severance
Trying to bankrupt a company rather than pay a plaintiff the severance they seek.
Stuart has heard people say they’d rather bankrupt a company than pay a plaintiff the severance they’re seeking – but he usually takes this with a big grain of salt. However, in one Alberta case, this is exactly what the company tried.
How do you determine severance/termination pay for a dismissal without cause?
How do you determine what someone is entitled to if they lose their job without cause? We refer to this as severance or termination pay. Like it or not, the entitlement is not based on a simple formula or an easy calculation in most cases.
Severance for Short Service Employees
In this video update, Stuart advises employers: do not assume that short service employees will only get minimal or no severance at all, and do not assume that every employee has an automatic probationary period.
Increased Severance Costs for Employers in Ontario
In this video update, Stuart talks about a recent decision that might mean increased severance costs for employers in Ontario.
An Employer’s Severance Pay Obligations
In this video update, Brittany talks about an employer’s obligation to provide severance pay at the end of the employment relationship.
Rudner Law Video Update: How does pregnancy factor into severance?
Is pregnancy at the time of dismissal a relevant factor? According to one recent Ontario decision, the answer is yes.
Rudner Law Video Update: Termination Terminology
In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.
Video Update: Post-termination Entitlements
The Supreme Court has now weighed in on the issue of when employees will be entitled to things like bonuses or other variable compensation post termination.
Don’t Accidentally Settle Your Severance Claim
If you’ve been given a severance offer, it can be risky to engage in informal negotiations with your former employer, because you risk entering into an agreement that won’t be favourable to you.
Severance Pay and the Issue of Payroll
The most common requirements for an employee to be eligible for severance pay is that the employer must have a payroll of at least $2.5 million, and the employee must have been employed for at least 5 years.
Dispute Resolution
Top 12 Tips to Win at Mediation
Stuart Rudner with an employment law update of a different kind. He’s here with his top tips for winning at mediation – a growing part of his practice.
Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
Arbitration Decision on Just Cause Dismissal for Refusal to Vaccinate
In this video update, Nadia Zaman talks about the latest arbitration decision on just cause for dismissal for refusal to vaccinate.
Limitation Periods
At Rudner Law we are often asked how long someone has to bring a wrongful dismissal claim. In Ontario, the answer is 2 years, but the more important question is, when does that time period start to run. The answer to that question can mean the difference between being able to advance your claim and being told you can’t, even if it was perfectly legitimate, and might be worth a whole lot of money. It’s critical that you get this right, and two recent cases provide examples where plaintiffs waited unknowingly and missed a limitation period, and therefore were not able to pursue their claim.
Employment Contracts
What you need to know about the “change of substratum” doctrine and employment contracts.
In this update, Stuart talks about why an otherwise valid employment contract may not be valid if the employee’s duties and responsibilities have changed – even if their title remains the same.
At what point is a contract “frustrated”, and what does that mean?
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
Is This The End? Video Update on Employee Resignations
The courts in Canada have repeatedly emphasized that in order for an employee’s resignation to be effective, it has to be clear, unambiguous, and voluntary.
Termination Clauses
Termination clauses have had an ongoing saga in our courts with people challenging them and trying to avoid the implications of what they signed, which can have tremendous implications.
Hollywood in the Aftermath of the #MeToo Movement
It’s now 2019, and while Me Too is part of our vocabulary now, you may not hear it every day. But that doesn’t mean that it isn’t still making news.
Damages In A Wrongful Dismissal Claim
In this case, I want to talk about the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
Employment Standards
What’s in a name? Legally speaking, you may not want that fancy job title.
In this update, Stuart talks about the legal implications of being called a manager, supervisor, or director.
Should You Lie to Your Boss About How “Remote” You Really Are?
There are some concerns that people should be aware of when thinking about moving to a different location but continuing to work remotely.
Right to Disconnect Policies
In this video update, Nadia Zaman talks about Right to Disconnect policies, which were introduced in the Working for Workers Act 2021, or Bill 27, and what this means for employers and employees.
Bill 88: Working for Workers Act, 2022
In this video update, Geoffrey Lowe talks about Bill 88: Working for Workers Act, 2022, and what changes it will bring if passed.
Increased Severance Costs for Employers in Ontario
In this video update, Stuart talks about a recent decision that might mean increased severance costs for employers in Ontario.
An Employer’s Severance Pay Obligations
In this video update, Brittany talks about an employer’s obligation to provide severance pay at the end of the employment relationship.
Suing for Constructive Dismissal at Common Law
Does the creation of the Infectious Disease Emergency Leave remove an employee’s right to sue for constructive dismissal at common law?
Jury Duty: What Employers and Employees Should Know – Rudner Law Video Update
There is sometimes confusion about jury duty: will the leave be paid, or unpaid? Does the employee need to seek permission to be away from work?
Video Update: Post-termination Entitlements
The Supreme Court has now weighed in on the issue of when employees will be entitled to things like bonuses or other variable compensation post termination.
Video Update: Canada Emergency Wage Subsidy Review
Brittany Taylor reviews the Canadian Emergency Wage Subsidy (CEWS) and provides a brief summary of this very complicated program to try to assist employers to understand what their entitlements may be.
Harassment & Bullying
How and When to Conduct Workplace Investigations
Workplace investigations have taken on tremendous importance in the world of HR. Failing to investigate, or failing to investigate properly, can result in significant liability. Nadia explains how and when to conduct them, as well as some best practices for employers.
Hollywood in the Aftermath of the #MeToo Movement
It’s now 2019, and while Me Too is part of our vocabulary now, you may not hear it every day. But that doesn’t mean that it isn’t still making news.
Toronto Star Tragedy Shines Light on Perils of Office Romances
Stuart comments to CityNews Toronto on office romances and policies that protect workplaces.
Workplace privacy: how far can your employer go?
Can employers search the content of your workplace computer, tablet or smartphone? What if you store personal information on it?…
City News appearances discussing aspects of JianGhomeshi
In recent weeks, Stuart has appeared twice on City News to discuss issues related to the Jian Ghomeshi situation, or…
680 News Toronto: Stuart on holiday parties
Stuart discusses the liabilities associated with holiday parties in this interview with James Munroe of 680 News Toronto.
Accommodation
What are an employee’s responsibilities under the duty to accommodate?
Whether you’re an employee or an employer, you’ve probably encountered an accommodation situation. Perhaps as an employee, you need some form of accommodation but are unsure as to how to proceed. In this video, Nadia outlines the concept of “duty to accommodate” and talks about an employee’s responsibilities under this duty.
Rudner Law Video Update: Hiring People with Disabilities
Stuart uses a hockey story as the basis for his comments in this video update about hiring people with disabilities.
Mental Health Week – Mental Health and the Workplace
As employment lawyers, we see every day the impact that mental health has on the Canadian workplace.
The Ontario Human Rights Tribunal: Remedies and Increasing Damages
Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.
Accommodation for the Use of Cannabis in the Workplace for Medicinal Purposes
Employers don’t have to condone recreational cannabis usage at work, and they can put policies in place to prevent employees from working while high. But, for employees who use cannabis for medicinal purposes, because of a disability, or because of addiction, which also classifies as a disability, employers do have to accommodate to the point of unreasonable hardship.
Personal Emergency Leave in Ontario
Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
NewsTalk 1010: Stuart on childcare provisions for shift-workers.
Stuart was recently a guest on Steven Skurka’s NewsTalk 1010 show, Closing Arguments, presenting an opinion on a recent decision…
Keays vs Honda: Stuart at the Supreme Court of Canada
Stuart represented the Human Resources Professionals Association of Ontario (HRPAO) at the Supreme Court of Canada landmark case Keays vs.…
Discrimination
Lisa LaFlamme Controversy: Hair Colour, Gender, and Sex Discrimination
Did CTV do anything wrong in the termination of Lisa LaFlamme’s position as anchor? In this video update, Stuart looks at the situation and addresses the issue of gender and sex discrimination and the broader context of human rights breaches when terminating an employee.
Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
Rudner Law Video Update: How does pregnancy factor into severance?
Is pregnancy at the time of dismissal a relevant factor? According to one recent Ontario decision, the answer is yes.
Rudner Law Video Update: Hiring People with Disabilities
Stuart uses a hockey story as the basis for his comments in this video update about hiring people with disabilities.
The Hiring Process and Citizenship
Our human rights legislation is very clear: you cannot discriminate on the basis of citizenship or country of origin, so you should never have a field on your application form that asks where they’re from, you should never be asking whether they are Canadian citizens, and you should never ask that in the hiring process at all.
Mental Health Week – Mental Health and the Workplace
As employment lawyers, we see every day the impact that mental health has on the Canadian workplace.
Hollywood in the Aftermath of the #MeToo Movement
It’s now 2019, and while Me Too is part of our vocabulary now, you may not hear it every day. But that doesn’t mean that it isn’t still making news.
The Ontario Human Rights Tribunal: Remedies and Increasing Damages
Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.
Investigations
How and When to Conduct Workplace Investigations
Workplace investigations have taken on tremendous importance in the world of HR. Failing to investigate, or failing to investigate properly, can result in significant liability. Nadia explains how and when to conduct them, as well as some best practices for employers.
Workplace Investigations and Suspensions
We are dealing with investigations more and more often in the context of employment or HR law, and the reality is, as we often tell our employer clients, you cannot impose discipline, especially dismissal, until you investigate.
Leaves of Absence
Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Jury Duty: What Employers and Employees Should Know – Rudner Law Video Update
There is sometimes confusion about jury duty: will the leave be paid, or unpaid? Does the employee need to seek permission to be away from work?
Personal Emergency Leave in Ontario
Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
Performance Management
Employers should not use performance improvement plans in bad faith.
This update focuses on performance improvement plans and why employers shouldn’t use them in bad faith, just to build a file for dismissal or cut compensation – these are recipes for liability.
680 News Toronto: Stuart on Productivity and ‘Summer Brain’
Stuart speaks with 680 news’ Mike Eppel on ‘summer brain’ and the productivity issues some employers face during the warmer…
Policies & Procedures
Should You Lie to Your Boss About How “Remote” You Really Are?
There are some concerns that people should be aware of when thinking about moving to a different location but continuing to work remotely.
Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Right to Disconnect Policies
In this video update, Nadia Zaman talks about Right to Disconnect policies, which were introduced in the Working for Workers Act 2021, or Bill 27, and what this means for employers and employees.
AM570 Kitchener: Stuart on Banning Work Email on Weekends
Stuart is interviewed by AM570 Kitchener on banning work email at home.
680 News Toronto: Stuart on Productivity and ‘Summer Brain’
Stuart speaks with 680 news’ Mike Eppel on ‘summer brain’ and the productivity issues some employers face during the warmer…
Toronto Star Tragedy Shines Light on Perils of Office Romances
Stuart comments to CityNews Toronto on office romances and policies that protect workplaces.
Workplace privacy: how far can your employer go?
Can employers search the content of your workplace computer, tablet or smartphone? What if you store personal information on it?…
680 News Toronto: Stuart on holiday parties
Stuart discusses the liabilities associated with holiday parties in this interview with James Munroe of 680 News Toronto.
NewsTalk 1010: Stuart on childcare provisions for shift-workers.
Stuart was recently a guest on Steven Skurka’s NewsTalk 1010 show, Closing Arguments, presenting an opinion on a recent decision…
