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Rudner Law, Employment / HR Law & Mediation

About Rudner Law, Employment / HR Law & Mediation

Rudner Law is a firm specializing in Canadian Employment Law. They provide clients with strategic advice regarding all aspects of the employment relationship, negotiate and advocate on their behalf and represent them before courts, mediators and tribunals. Blog posts are written by Stuart Rudner, the principal and founder of Rudner Law, Brittany Taylor, a Senior Associate at Rudner Law, Nadia Zaman, an Associate at Rudner Law and Anique Dublin, a Law Clerk at Rudner Law.

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read May 6, 2022

Court of appeal finds single incident of touching not wilful misconduct, but just cause for dismissal

In Render v ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal clarified the threshold to establish willful misconduct under the Ontario Employment Standards Act, 2000 and provided guidance on how sexual harassment should be assessed in the workplace. Importantly, the Court found that while a single incident of inappropriate touching did not amount to willful misconduct as it was not preplanned, the employee's dismissal for cause was a proportionate response.

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / employment law, just cause dismissal, sexual harassment, termination, termination pay, willful misconduct Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 5 Minutes Read April 1, 2022

Not everything is bad faith

In the world of employment, Wallace v. United Grain Growers Ltd. established a duty on the part of employers to act in good faith while in the course of dismissal. In the decade or so following that decision, virtually every wrongful dismissal included an allegation of bad faith.

Article by Rudner Law, Employment / HR Law & Mediation / Business, Employee Relations, Employment Standards, Payroll / bad faith, Dismissal, duty of good faith, employment law, termination 1 Comment

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read March 4, 2022

Just cause for dismissal

Can an employer rely on information they acquire after termination to allege that there was just cause for dismissal? Yes. Can an employer dismiss an employee for cause because they secretly recorded interactions at work? Yes.

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / discipline, Dismissal, employment law, Human rights complaint, just cause, misconduct, secretly recorded conversations, termination Leave a Comment

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