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The Canadian Bar Association

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The duty of good faith in employment contracts

By Stuart Rudner  & Brittany Taylor In 2015, the decision in  Styles v. Alberta Investment Management Corporation  made waves in the employment bar by ... read more

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Vital for employers to investigate all harassment complaints

Bullying and harassment are the top issues facing Canadian workplaces — and employers need to be sure to investigate each and every complaint that is brought forward, ... read more

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Clearing up misconceptions about termination and severance pay

By Stuart Rudner and Geoffrey Lowe There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked ... read more

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Document everything if age discrimination suspected

Although there is no longer mandatory retirement at 65, age discrimination is still an issue in the workplace, Toronto employment lawyer Stuart Rudner tells GoodTimes.ca . ... read more

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Clear policy on drug and alcohol use best option for employers

When drafting a workplace drug and alcohol policy, it can often be a challenge for employers to balance employee rights with the company’s need to operate a safe and ... read more

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Common workplace injuries require accommodation, flexibility

With injuries such as carpal tunnel syndrome and eye strain common in the workplace, employers can provide ergonomically assistive equipment and other accommodation to help ensure ... read more

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‘Horrible’ bosses share one common trait: they’re bullies

(Feb. 9, 2017 — Toronto) — With the U.S. president showcasing an abrasive and aggressive leadership style to the world, the question of what makes a boss "horrible" ... read more

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ESA exemptions fit nature of job roles in most cases

Exemptions under the  Employment Standards Act, 2000  are less concerning than employers who inadvertently or deliberately violate the Act, says Toronto employment ... read more

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MacDonald recognized as Canada's employment litigation law expert

(Jan. 23, 2017 - Toronto) — Natalie MacDonald , co-founder of the boutique employment law firm Rudner MacDonald LLP , has been recognized by Global Law Experts ... read more

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How to respond to requests for accommodation

By Stuart Rudner and Nadia Zaman The workplace is no longer what it used to be, and the circumstances that an employer must accommodate continue to expand. Be it childcare ... read more

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Employment law basics, summary dismissals merit close scrutiny

In recent posts on his Canadian HR law blog, Ontario employment lawyer  Stuart Rudner discussed whether employers should have to take a mandatory course on employment ... read more

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Drunk or high at work? Get ready for tough consequences

(Jan. 12, 2017 — Toronto, ON)  —  The holiday season is over but for some, the revelry continues long after the New Year’s celebrations. But if ... read more

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Managing attendance and absenteeism

By Stuart Rudner and David Master Managing attendance and absenteeism in the workplace is one of the most difficult issues for employers. Some common questions are: Are ... read more

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Line 'blurred' for lawyers around personal use of tech at work

Policies around the personal use of technology in the workplace can vary depending upon the nature of an employee’s role, with those who work ‘nine-to-five’ ... read more

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Holiday party etiquette: avoid issues with alcohol

Employers have a duty to ensure alcohol does not cause problems at holiday parties, and there are several ways to do that, Toronto employment lawyer Natalie MacDonald tells ... read more

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Fashion Santa and the need to get seasonal agreements in writing

The controversy over “Fashion Santa,” who hasn't   returned to the Yorkdale Shopping Centre this year, highlights the temporary nature of seasonal employment ... read more

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Workplaces seeking balance on non-competition, accommodation issues

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner discussed the balancing act between employers and employees when it comes to restrictive ... read more

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Instantaneous demands of email pushing workers over the edge

The proliferation of email and social media is contributing to an “unsustainable” pace in many workplaces, leading to mentally distressed employees who may eventually ... read more

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Proceed with caution when considering employee dismissal

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner explained why employers should avoid rushing to judgment when dismissing an employee, as ... read more

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The ins and outs of vacations in Ontario

By Stuart Rudner and Cody Yorke With the winter holidays fast approaching, as well as the end of the year, we thought it would be a good time to address issues ... read more

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‘Tis the season to hire seasonal workers

November 28, 2016 (Toronto) —  ’Tis the season for retailers, restaurants and recreational companies to hire part-time workers. It can be a great way for ... read more

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Don't sign your severance package without getting advice

Employees could be leaving a significant amount of money on the table if they fail to contact a lawyer before signing a severance package, says Toronto employment lawyer Stuart ... read more

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The investigation saga continues

By Stuart Rudner Sometimes I feel like a broken record (if you are old enough to know what that means), as I continue to tell our clients and anyone else who will listen ... read more

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Dealing with rogue CEOs spiraling out of control

By Stuart Rudner and Nadia Zaman Donald Trump has, for better or worse (likely worse), captured the attention of the world. His behaviour has been so inappropriate and ... read more

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Mistake to ignore reality of employee role, accommodation request

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner  discussed why treating your worker as an independent contractor does not ... read more

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Flexible workplaces the wave of the future

Employers who ignore the call for more flexible workplaces will face challenges attracting and retaining the best talent in the future, says Toronto employment lawyer ... read more

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Haphazard approach to hiring process risky for employers

Employers have two choices — take a more proactive approach to putting contracts and policies in place, or spend more time dealing with claims, ... read more

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What to do when your CEO goes rogue?

Toronto, ON   —  What do you do when your CEO goes off the rails, creates mayhem and nothing you do stops the downward spiral? This question is on the minds ... read more

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Employer discipline could be heightened by social outcry in Jays beer toss

The tossing of a beer can at a recent Toronto Blue Jays game — thrusting the alleged culprit’s employer in the limelight — is another example of employees ... read more

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Salaried employees entitled to overtime — with exemptions

There is a common myth that is completely wrong: despite popular views, salaried employees are entitled to overtime pay unless they fall within one of the exemptions set out in ... read more

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Myths abound when it comes to employer rights, bereavement leave

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner discussed the misconceptions some employers have about the nature of the employment ... read more

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Poisoned work environment means more lawsuits to follow

Although a settlement has been reached in a high-profile lawsuit between a Fox News anchor and her former boss, the appearance of a poisoned work environment in ... read more

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Ban on after-hours work email protects employers, employees

One school board’s recent move to ban after-hours work emails is just the latest example of the recognition of the burden that email creates, and a growing trend toward ... read more

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Document examples, processes during boss dispute

A fight between two bosses can be the start of a poisoned workplace — and for employees caught in the middle, there are a number of steps to take in order to ... read more

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Paid sick leave a win-win for employers, employees

Mandating paid sick leave for the more than one million Ontario workers who don’t currently have it would ultimately benefit both employees and employers, says ... read more

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Job history not accessible to employers, public

An individual’s employment history is generally not public knowledge — so those who were terminated from a previous position should feel confident in moving ... read more

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Can employers refuse to hire smokers, deduct employee wages?

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner discussed the question of discrimination against employees who smoke, and whether ... read more

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You meet an employment lawyer at a BBQ: what question do you ask?

Toronto, ON  —  When employment lawyers Stuart Rudner and Natalie MacDonald are out at social events, from barbecues to cocktail parties, people want their expert ... read more

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Natalie MacDonald named leading lawyer in ‘Women in Business Law’ guide

Toronto, ON  — Natalie MacDonald , co-founder of the boutique employment law firm Rudner MacDonald LLP , has been selected as one of the leading labour and employment ... read more

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Stuart Rudner receives Best Lawyers in Canada designation

TORONTO (Aug. 10, 2016) - Stuart Rudner , co-founder of the leading boutique employment law firm Rudner MacDonald LLP , has once again been selected by his peers for inclusion ... read more

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Employers near deadline to set up harassment programs

Ontario employers are scrambling to prepare for the September onset of new legislation compelling them to investigate all allegations of workplace harassment, says Toronto ... read more

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'Proceed with caution' when initiating random testing

The Toronto Transit Commission (TTC) should aim to show evidence of employees intoxicated on the job — demonstrating a significant danger — to support its plans ... read more

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You don’t need a good reason to dismiss an employee — usually

By Stuart Rudner and Richa Sandill Generally speaking, the law in Canada is that employers can let an employee go at any time, for any reason, or no reason at all, as long as ... read more

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Employers can only ban tattoos, dyed hair within reason

Employers who want to ban their employees from showing their tattoos or wearing piercings and unusual hair colour must have a valid business reason for doing so, says Toronto ... read more

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OCA restricted by statement of claim when awarding damages

While the Ontario Court of Appeal (OCA) went a long way to increase damages awarded against a Mississauga company that launched a “campaign of abuse” to force a deaf ... read more

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Be aware of termination clauses, onus for medical documentation

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner discussed the issue of whether employers can request medical evidence that an employee ... read more

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Spotlight on clear termination provisions, human rights laws

In recent posts on his Canadian HR law blog, Ontario employment lawyer Stuart Rudner   discussed the importance of clearly worded termination provisions in employment ... read more

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Rudner MacDonald LLP named a top Canadian boutique employment firm

Rudner MacDonald LLP has been selected as one of the top three employment and labour law firms in Canada , according to the inaugural Canadian HR Reporter Readers' Choice ... read more

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Tragedy may prompt office relationship policy review

A recent tragedy in the Toronto Star newsroom could inspire companies to revisit, or even create, new policies around workplace relationships, Toronto employment ... read more

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Changes to human rights laws raise employers' responsibility to accommodate

Expansion of human rights legislation and broader interpretation of those laws by the courts is increasing employers' responsibilities to accommodate their workers, says Toronto ... read more

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