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Rudner MacDonald - Toronto Employment Law Firm
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Ontario Court of Appeal Sends Strong Message to Employers Failing to Observe Duty to Provide a Safe and Healthy Workplace

CRIMINAL NEGLIGENCE IN THE WORKPLACE:  COURT OF APPEAL SENDS STRONG MESSAGE Four employees fell 14 stories to their deaths in 2009, when their swing stage collapsed. None of the workers were secured with the proper protection. One of the deceased was Metron’s Site Supervisor on the project. A fifth worker also fell but survived, suffering serious injuries. A sixth worker […]

Stuart will be answering viewer questions on Toronto Speaks – Legal Advice on September 16th

Stuart Rudner will be the featured guest on the season premiere of Toronto Speaks – Legal Advice on September 16th at 9:00 on Rogers TV (Toronto). This live call-in show allows people to pose questions of interest to them. To pose questions, call  416 446 7090; tweet your questions to; email your questions to; or send a private […]

How ‘independent’ are your contractors?

While workers may be happy to be able to deduct expenses and pay tax as an independent contractor, they often change their tune when they discover that being a contractor deprives them of the protection of employment standards legislation. Many workers unknowingly give up rights such as statutory holidays, overtime pay, and notice of termination/severance pay, and many organizations unknowingly […]

There is no ‘rule of thumb’ for reasonable notice

I’ve said if before, and I will say it again: There is no “rule of thumb” for determining how much notice an employee is entitled to upon termination. It is not one month of notice per year of service, or any other simple calculation you may have heard to determine reasonable notice. The courts have made it clear every case is […]

Mechanic Hits “Pothole” When Tweets for Pot

On Monday, An employee of Mr. Lube tweeted: “Any dealers in Vaughan wanna make a 20sac chop? Come to Keele/Langstaff Mr. Lube, need a spliff or two to help me last this open to close.” The York Regional Police found the post and replied: “Awesome! Can we come too?”  They then brought the tweet to the attention of his employer, […]

Canadian HR Law: An Introduction

Stuart Rudner was commissioned by Ultimate Software to prepare a guide to Canadian HR Law geared toward employers based outside of Canada. To read it, please click on Canadian HR Law – US-based. Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this […]

Proving just cause doesn’t mean employer isn’t on the hook financially

Is it possible that an employer will have just cause to dismiss an employee, yet will still be on the hook for termination and severance pay? The answer, which will undoubtedly surprise some readers, is yes. Just cause for dismissal is a very different concept than wilful misconduct, which is the test for most statutory regimes. While much of the […]

Disclosure: Natalie MacDonald in the Globe & Mail

Natalie MacDonald was recently in the Globe & Mail offering expert advice on the issue of disclosure during job interviews. For a prospective employee interviewing with a company, the question about whether to disclose certain health-related matters may weigh heavily on their minds. Click here to read Natalie’s answer on the issue of disclsure. Click to share on Twitter (Opens […]

How much termination notice do you give a 70 year old?

For decades, the leading case with respect to assessing termination notice (notice of dismissal) has been Bardal v. Globe and Mail Ltd., in which Chief Justice McRuer set out the factors that a court should take into account in determining what constitutes reasonable notice of dismissal. He stated as follows: There can be no catalogue laid down as to what is […]

Limiting Liability for Employers: Put it in a Contract

Most employers want to attempt to limit their liability to an employee upon the termination of employment.  To do that, many will provide an employment contract to the employee, believing that this contract will protect them, thereby limiting liability for employers.  However, if it is not provided prior to the commencement of employment and signed before the employee commences employment […]

Stuart Rudner Presenting at Las Vegas AICPA Forensic & Valuation Services Conference

Stuart Rudner has been selected to present on the topic of Investigations in the Employment Context at AICPA’s conference: Event Details November 10-12, 2013 Full Day Sessions Location: Caesars Palace Las Vegas, Nevada This conference facilitates expert-lead sessions for forensic and valuation practitioners and gives them the opportunity to attend workshops in either practice area. Topics explored include: applying complex […]