Author Archive - 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. Read more
Not a litigation tactic: The dangers of unfounded allegations of just cause for dismissal
The vast majority of employment relationships can be terminated at any time so long as the employer provides appropriate notice or pay in lieu of notice.
No skirting around the issue: Gender identity and sexual orientation discrimination appear to be on the rise
Employers who fail to take action when there are complaints of unlawful discrimination in the workplace are exposing themselves to serious potential liability, both from a financial and a reputational perspective.
Court awards six months’ pay in lieu of notice to employee terminated after six months
In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.
“It ain’t over ’til it’s over”: When does illness frustrate a contract?
When an employee is out for a long stretch due to illness, it is always best to keep in periodic but regular communication with them, both to see how they are doing and to see if they know when they may be able to return to work.
Can an employer sue an employee for compensation?
The case detailed here does not mean that employers can sue employees for any losses that arise out of their employment. It will be difficult, if not impossible, to obtain compensation for negligent work, or mistakes. However, where there is deliberate misconduct like in this case, remedies are available to the employer beyond dismissal for cause.
Employee vs independent contractor: The dangers of misclassification
It is essential that employers understand and consider the risks of misclassifying employees as contractors, even when the individual themselves is the one requesting or proposing the contractor relationship.
Right to terminate BUT in good faith
The decision in this case confirms that termination clauses will not be voided where there is no good reason to do so.
Accommodation of medical marijuana
The right to accommodation, and the widespread acceptance of medical marijuana, does not mean that employees have a right to use marijuana at work. Safety considerations will be taken into account and although zero tolerance policies will not be automatically enforced, they will be enforced when appropriate.
$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee
Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.
What happens to employment contracts when an employer sells the assets of its business?
The Court of Appeal for Ontario has confirmed that in an asset sale, a purchaser’s offer of employment to a seller’s employee can constitute consideration for changes in an employment contract — including a new termination clause.
Non-competition clauses – Language should be clear and unambiguous
Employers should avoid using language that may introduce ambiguity and is broader than necessary to protect the employer’s legitimate interest. Courts will not fix a clause that they find to be ambiguous or overreaching
Entitlement to bonus after dismissal: The debate continues
Employers would be wise to review their current agreements and policies with respect to bonuses and ensure that any eligibility requirements upon termination are clearly set out and have been expressly communicated to employees.
Supreme Court of Canada confirms that all workplace harassment is protected – even by third parties
In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada confirmed that human rights legislation is to be interpreted broadly and purposively and specifically found that the protection against workplace harassment is not limited to conduct perpetrated by an individual’s employer or co-worker. This decision will have significant implications for employers and employees alike.
Negative employment references
A fear of defamation actions has prompted many employers to shy away from providing references for former employees or if they do provide a reference, it is limited to a “confirmation of employment” letter. Unfortunately, this means that prospective employers don’t get the information they need, which can hamper both employers and employees in their searches.
When can an employer ask for an independent medical examination?
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.
Get Free Updates
Resources and offers
Awards and recognition
#10 on Feedspot's Top 75 in 2016
Employment Blogs
Fodden Award for Best Canadian Law Blog
Legal Culture Award
Runner up in the Fodden Award for Best Canadian Law Blog
Finalist in the Fodden Award for Best Canadian Law Blog
First Reference HR compliance products and services
Recent comments
-
Legal issues in the post corona era
HI Barry, Given the Emergency Order in Ontario, and the introduction of Ontario Regulation 73/20 would not those actions relieve against the ESA 13 week... – Apr 02, 4:55 PM
-
Topping up employee pay during temporary layoffs using a Supplementary Unemployment Benefit Plan (SUB Plan) (Canada)
We are splitting the total number of employees into two groups - on a weekly rotation basis. One group is coming one week and another... – Mar 25, 5:13 PM
- Generated by BWP Recent Comments.
