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Category Archives: Human Rights

Weed in the Workplace: Accommodating Without Getting Burned

This article originally appeared in The Lawyer’s Daily. With medical recognition of marijuana as medication, growing social acceptance of the recreational use of marijuana in the same manner as alcohol, and our federal government’s stated intention to legalize recreational usage, there is no doubt that we will be seeing more issues relating to marijuana in the workplace. In that regard, […]


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 […]


Conference Board of Canada: Medical marijuana in the workplace

Stuart’s presentation for a Conference Board of Canada webinar on medical marijuana in the workplace – managing challenges without going up in smoke. 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)


Dealing with Marijuana in the Workplace

As our latest First Reference Talks blog post discusses, Health Canada estimates that by 2024, 450,000 Canadians will be authorized to use medically-prescribed marijuana. Pending legalization may also create an increase in people “self–medicating” and casually using marijuana. I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of […]


Sixteen Forged Medical Notes

As I discuss in a recent Canadian HR Law blog post, even though I consistently remind clients and anyone else who will listen that summary dismissal is never “simple,” people often challenge me with cases that they portray as a “slam dunk.” The most common refrain is “Surely, if I catch an employee stealing, that is just cause for dismissal […]


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 […]


Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]


The Latest Chapter in Employment Law: Bill 26 Proposes Statutorily-protected Domestic and Sexual Violence Leave

The Ontario provincial government continues its recognition of the impact of domestic violence on the workplace with Bill 26, which proposes amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). Previous developments Bill 168, which came into force on June 15, 2010 as an amendment to the OHSA, established a requirement that employers […]


Managing Attendance & Absenteeism: Hangout with Rudner MacDonald

Stuart takes questions on managing attendance and absenteeism in the workplace. Most employers want to flexible, but it can be hard to run a business when you don’t know who will show up for work. Do you have to give employees paid sick days? Can you require doctor’s notes? This and more, in this session. Click to share on Twitter […]



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