Rudner Law
100 Allstate Parkway, Suite 600 L3R 6H3 Markham, ON, Canada

Failing to get the right advice on a severance package can be a costly mistake for both employers and workers, Stuart tells Legal Matters Canada. #EmploymentLaw #HR #Severance

We would like to wish the incredible Nadia Zaman a happy 4 YEAR work-iversary!! She joined the Rudner Law crew on October 26, 2016. To many more, Nadia

The CRA says it knows some people were able to get the #CERB twice by applying through its portal, as well as Service Canada’s, and wants that money back.

In most cases, an employee cannot dictate the location of their work but agreements matter. Stuart's latest for HR Reporter. #EmploymentLaw #HR #COVID19

Retailers are putting public health and safety first and placing greater emphasis on employee well-being in the busy months ahead.

BREAKING NEWS: Canada Emergency Wage Subsidy (CEWS) to continue until summer of 2021

Reminder that #MinimumWage in #Ontario goes up to $14.25 on October 1st, 2020. More info:

If this pandemic has taught us anything, it’s that employers need to be ready for any eventuality. With all the changes impacting the workforce, now’s the time to review current employment contracts and policies. Stuart spoke to Human Resources Director Canada about what the impact would be on an employer if they didn’t have detailed clauses in their contracts for post-employment obligations. You can learn more from Stuart at Ultimate Software's upcoming webinar: https://www.ultimatesoftware.com/ContactForm/7010d000000b1nA. #EmploymentLaw #HR #Contracts

"As a mediator, I see many lawyers failing to use ADR effectively, and I encourage counsel to consider this CPD event". Take Stuart's advice and check out the Canadian Bar Assocation's Virtual Mediation Bootcamp. #ADR #Mediation

One owner says events of last 48 hours have forced him to consider having security in restaurant. #WorkplaceSafety #COVID19

The Ontario Dental Association says its giving members the option of charging patients between $8 and $18 per appointment to help defray additional PPE costs.

Over the past few years, there have been countless examples of employees challenging the enforceability of such clauses, or the contract as a whole. And in many cases, they have succeeded. More in Stuart's latest for The Lawyer's Daily below. #EmploymentLaw #HR #Contracts

Wow! We are honoured to have won Silver for Best Labour & Employment Boutique Law Firm in the Canadian HR Awards 2020. Thank you for the nominations and all of the continued support. See the full list of Silver and Gold winners here: https://www.hcamag.com//revealed-canadian-hr-awards/233835.

Nadia participated in the Media Conference for the Launch of the Harassment & Violence at Work Survey - a collaboration between Western University, the Centre for Research & Education on Violence against Women & Children, the University of Toronto, and the Canadian Labour Congress. Watch the full conference here. #Harassment #EmploymentLaw

Have a great weekend with ALL your friends. #FridayFunny

If you think the termination clauses in your employment contracts are air-tight, think again. Recently, the Ontario Court of Appeal released a decision which means that the majority of termination clauses are not enforceable. In Waksdale v. Swegon North America Inc., the court held that if an employment agreement contains a termination-with-cause provision that breaches the Employment Standards Act, the termination-without-clause will be rendered unenforceable as well - even ...if the employer was not relying on that provision in the termination. If you dismiss an employee without cause, and your termination without cause provision in the Employment Contract is perfectly enforceable, you may still be out of luck because your termination for cause provision is void even though you are not dismissing them for cause. As a result, you may be liable for exponentially more severance than you think. In some cases, it can mean 24 months of severance instead of 8 weeks. Employment contracts can be incredibly valuable, but the truth is that many of them are not worth the paper they are printed on. Send us your contracts and the Rudner Law team will review them for free. Visit www.rudnerlaw.ca to learn more or request a consultation.

The Honourable Doug Downey has introduced legislation that will protect people from liability resulting from individuals being or potentially being infected with or exposed to COVID-19. Bill 218 prohibits any proceeding from being brought against a person resulting from an individual being or potentially being infected with or exposed to COVID-19 where, at the relevant time, the person acted or made a good faith effort to act in accordance with public health guidance and federal, provincial or municipal laws related to COVID-19. If this Bill is passed, it will be retroactive to March 17, 2020.

Have a great weekend, and be safe! #FridayFunny

The New Year is a time for reflection and consideration of your past actions. May this year bring you peace, health, happiness and prosperity. Stuart and the team wish all who celebrate a Shanah Tovah.

On September 3, 2020, the Ontario government announced that it was extending the protections it introduced in June through Ontario Regulation 228/20 until January 2, 2021. Read more in Brittany's latest blog post. #EmploymentLaw #HR #COVID19

Many employers make the mistake of taking the position that they have just cause for dismissal, but wait for a convenient time before executing, Stuart tells Canadian Lawyer Magazine. #EmploymentLaw #HR #Dismissal

This company measures productivity not on results, but on how much time you spend clicking buttons. What do you think?

Recent racial turmoil is a grim reminder to employers to address their workplace discrimination policies and to be proactive in their processes, Nadia tells Legal Matters Canada. #EmploymentLaw #HR #Discrimination

Niagara Falls NDP MPP Wayne Gates wants the government to announce which work places are dealing with outbreaks of COVID. Do you agree? #COVID19 #WorkplaceSafety

Understanding and working to eliminate bias, both at the individual and systemic levels, is the responsibility of all lawyers and ADR practitioners. Check out this Canadian Bar Association program to explore how systemic bias occurs in the practice of ADR.

Caitlin Bernier has filed a human rights complaint against Alberta Honda after she claims she was told her long-sleeve crew neck and dress pants violated the company dress code and made her male colleagues uncomfortable. #EmploymentLaw #HR

While many of Ontario’s Accessibility for Ontarians with Disabilities Act #AODA compliance deadlines seemed to be far in the future when they were first announced, many of them have come and gone, and more are coming. #EmploymentLaw #Accessibility

At this point in the crisis, simply being exposed to the risk of COVID-19 isnt grounds for a worker to sue their employer, Stuart tells Human Resources Director Canada. #EmploymentLaw #WorkplaceSafety #COVID19

Would your employees feel safe reporting unethical and inappropriate conduct within your organization? #HR

Two Ontario cases highlight protections provided by human rights law. Read more in our latest via HR Reporter. #HR #HumanRights #Discrimination

How are businesses handling the "new normal?" Stuart welcomes Brian Shifman, President and CEO of Vaughan Chamber of Commerce to discuss how businesses and operating and managing their reopening during COVID-19, and what challenges they are dealing with. - What issues are business owners most frustrated by?... - Addressing layoffs, recalls, severance, etc. - Decisions influenced by cash flow - Do employees have to go back? Can they be forced to? - Addressing reasons why employees don't want to come back - People can work remotely. Should salaries be changed? - School reopening plans - Choosing online school for kids and asking for accommodation - Extending business seasons - Creating patio environments, investing in resources. How long can it last? - Opportunities for businesses to rethink how they operate, whether by choice or necessity Guest information: Brian Shifman, President & CEO Vaughan Chamber of Commerce The Vaughan Chamber of Commerce was established in 1977 to promote and advocate the interests of businesses in the city of Vaughan. Since its establishment, the Chamber has been an integral part of the business community. The Vaughan Chamber is a member based not-for-profit organization dedicated to connecting, serving and empowering the Vaughan business community both as a catalyst and resource. Our organization provides numerous services to attract businesses including educational seminars, major events, member benefits, and represents business as an advocate at all levels of government on current issues and economic inclusion. 25 Edilcan Drive, Unit #2, Vaughan, ON L4K 3S4 Canada Phone: 905-761-1366 Email: [email protected] Website: https://vaughanchamber.ca/ Make sure you Like our Rudner Law Facebook page and Subscribe to our YouTube channel to receive notifications when the episodes go live. Rudner Law | Employment | HR Law & Mediation Parkway Corporate Center 100 Allstate Parkway, Suite 600 Markham, Ontario L3R 6H3 Tel: 416.864.8500 or 905.209.6999 Website: https://www.rudnerlaw.ca/ Email: [email protected] Broadcast and remotely-produced by Robert Hix with Hixvideo in Gaithersburg, MD. https://www.youtube.com/user/hixvideo #HRLaw #EmploymentLaw #Canada #CanadianBusiness #TorontoBusiness #HumanResources

The Canadian government is allocating $2.5m to its occupational health and safety agency, which will guide businesses that are reopening amid the #COVID19 pandemic. Tomorrow, Brian Shifman joins Stuart on Fire Away to talk about how businesses are managing their reopening and operation in these times.

When an employee fails to mitigate their damages, their entitlement may be significantly reduced. So what happens if they're too sick to look for new work? Is that a failure to mitigate? More in Nadia's latest via First Reference #HR #EmploymentLaw #Mitigation

Before the days of turning off your camera during a Zoom meeting. Have a great weekend! #FridayFunny

A new survey showed that Canadian women are far more likely than men to have thought about quitting their jobs so their children can attend school virtually. #COVID19 #HR

Thanks to The Legal Clinic Sexual Harassment at Work Project for publishing our recent blog post about preventing workplace harassment. #EmploymentLaw #Harassment #WorkplaceSafety

Anique and Stuart's latest for HR Reporter: dismissals are always risky, and dismissals for cause should always be approached with caution. #EmploymentLaw #HR #Dismissals

How are businesses managing getting back to work during #COVID19? Are things back to "normal"? Brian Shifman of Vaughan Chamber of Commerce joins Stuart for a Fire Away discussion on Tuesday. Live here on Facebook, or our YouTube channel. Questions? Let us know.

Organizations representing family physicians and teaching staff say there's an uptick in the number of Ontario teachers requesting medical exemptions from work amid growing concerns over potential COVID-19 transmission in schools. #COVID19 #WorkplaceSafety

For parents returning to work after the pandemic, balancing work and childcare responsibilities will be more difficult than ever. Many have gotten used to working from home, but if employers require their employees to return to work, they must do so unless they have no other viable childcare arrangement. More in our new blog post. #BackToSchool #COVID19 #EmploymentLaw

The latest #HRCarnival is live on Workology. Our blog post about Back To School during COVID-19 is featured. Check it out! #HR #COVID19

The new Canada Emergency Wage Subsidy (CEWS) is more accessible to more businesses, says Toronto-area employment lawyer Brittany Taylor, who encourages employers to take advantage of the program. #CEWS #COVID19 #HR

Happy Friday! #FridayFunny

As Stuart tells CityNews, [Parents] shouldnt have to worry about losing their job, if their kids get sick. However, parents should be aware that they are not entitled to be paid for those days unless you can access paid sick days or the governments COVID-19 benefits.

Relief for employers: Ontario's Employment Standards Act, 2000 was amended today to allow temporary layoffs to extend beyond the usual time limits without becoming deemed terminations and triggering termination costs. http://ow.ly/1KkX30r84oq Note that this doesn't change the common law and grant the right to impose temporary layoffs where it did not already exist.

In the era of social distancing, workers are turning to digital tools to stay connected. However, some of these same tools and apps are also proving to be a gateway for other forms of distraction to creep up throughout the workday. #WorkplaceSafety

Throwback Thursday! We had so much fun last week with Harry Hanson (www.virtualcocktailclass.com). Our summer team event looked a lot different this year but it was a cool way to try something new. #TBT #VirtualEvent

What should employers do when an employee indicates their reluctance or refusal to come back to work? Like many situations, communication is key. Read more in our new blog post. #COVID19 #BackToWork #HR #EmploymentLaw

The federal government is extending the application for the Canada Emergency Business Account (CEBA) from Aug. 31 to Oct. 31, 2020, to continue supporting small businesses in the time of COVID-19.

In this article for HR Reporter, Anique wrote about a recent case in which the British Columbia Human Rights Tribunal held that there must be more than a mere possibility of discrimination for a complaint to proceed to a hearing. #EmploymentLaw #HR #HumanRights