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Category Archives: Employment Standards

Don’t Accept a Resignation Too Quickly

Imagine that you find yourself in a heated argument with one of your employees and, having apparently had enough, the employee announced that he is fed up enough and is done with the company. He then handed you his pass card and stormed out of the office. Can you proceed on the basis that he has resigned? Now imagine that […]


Latest Chapter in Employment Law: Drug Testing and Whistleblower Protection

In this edition of The Latest Chapter we discuss the Ontario Superior Court’s decision to deny an injunction against instituting random drug and alcohol testing at the TTC in Amalgamated Transit Union, Local 113 v Toronto Transit Commission and whether this decision will have broader implications with respect to random testing. We also discuss recent changes to the Courts of […]


How to Enforce Your Employment Rights & What Happens if There is Reprisal

The majority of employees in this province are subject to employment laws such as the Employment Standards Act, 2000 (the “ESA”), the Ontario Human Rights Code (the “Code”), and the Occupational Health and Safety Act (the “OHSA”) which have enshrined various rights of employees, and obligations of employers.  Some of the employment law rights and duties which repeatedly come up […]


Rudner MacDonald in the Classroom

Employment law is constantly evolving and becoming increasingly complex. As we often say, every decision must be assessed with consideration of some or all of: Employment Standards Human Rights Occupational Health & Safety Privacy Common Law Tax Law HR Professionals, and all those tasked with HR issues, are now expected to be “part-time lawyers” in order to do their job […]


Reading the Fine Print

Imagine the scene: one day, just like any other, you’re sitting at your desk planning to pack up and head home soon when you are unexpectedly called into a meeting in the boardroom. You enter the boardroom to find your manager and the head of Human Resources sitting around the table. You’ve been around long enough to know what’s happening, […]


Latest Chapter In Employment Law: Potentially Dramatic Changes To Employment Legislation And Another Court Of Appeal Decision On Termination Clauses

In this edition of The Latest Chapter, we discuss the Changing Workplaces Review, which could trigger the most significant reforms to Ontario’s employment and labour law statutes in decades. We also note the Ontario Court of Appeal’s latest decision in Wood v Deeley, which could significantly impact how employment agreements and termination provisions are drafted and enforced in Ontario. The […]


Clearing Up Common Misconceptions About Termination and Severance Pay

There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked the same questions time and time again, including: Can an employer make a dismissed employee work through the notice period? Is a dismissed employee entitled to a lump sum? What happens if a dismissed employee finds new […]


Wood v Deeley: Court of Appeal Strikes Down Termination Clause

The ongoing saga of judicial  interpretation of termination clauses continues: yesterday, the Ontario Court of Appeal released its long-awaited ruling in Wood v Deeley. The Court overturned the lower court decision and struck out the clause in question. The outcome has the potential to have a wide-ranging impact on how employment agreements and termination provisions are drafted and enforced in Ontario. […]


What to do When Your CEO Goes Rogue: Hangout with Rudner MacDonald

Stuart and Cody on what to do when your CEO goes off the rails, creates mayhem, and nothing you do stops the downward spiral.   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 to a friend (Opens in new window)


Employment Contracts & Termination Clauses: Don’t Forget to Consider Consideration

Our recent Canadian HR Law blog post discusses the topic of termination clauses. Our firm has written multiple times on the ever-complicated, ever-changing, and certainly unpredictable realm of case law surrounding termination clauses in employment contracts. Regular readers will recall several cases such as Garreton and the initial trial court decision in Oudin, where clauses have been struck down due […]


How to Respond to Requests for Accommodation

The workplace is no longer what it used to be, and the circumstances that an employer must accommodate continue to expand. Be it childcare arrangements, medicinal marijuana, or transgender accommodation, human rights continue to impact the workplace. Employers expose themselves to significant liability if they fail to respond to these requests appropriately. Unfortunately, many make the mistake of dismissing unusual requests […]



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