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Rudner MacDonald - Toronto Employment Law Firm
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Category Archives: Occupational Health and Safety

The Latest Chapter in Employment Law: Bill 148 and The Tort of Harassment

Bill 148 Brings Big and Not So Big Changes to the Employment Standards Act, 2000 In May the Changing Workplaces Review released its long-awaited Final Report, the culmination of two years of work spearheaded by special advisors C. Michael Mitchell and Retired Justice John H. Murray. This report suggested sweeping changes to Ontario’s Employment Standards Act, 2000 (the ESA), including […]


So What Happens If We Don’t Comply With Bill 132?

As my recent Canadian HR Law blog post outlines, in September of last year, Bill 132 came into force in Ontario. The Bill, formally known as the Sexual Violence And Harassment Action Plan Act, follows substantial legislative changes pursuant to Bill 168, which took effect almost seven years ago. Both pieces of legislation are intended to bolster protection for employees […]


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)


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 […]


Beware of Summary Dismissal without Investigating First

As I said in my March 16, 2016 Canadian HR Reporter post, “Much has been written about the expanding role of investigations within the context of human resources and employment law. As has been expressed on many occasions (here and here for example), courts expect that workplace investigations will be conducted thoroughly, fairly and expeditiously.” A recent Canadian HR Reporter post reaffirms […]


The Ministry of Labour Provides Additional Details on Bill 132

On August 12, 2016, the Ontario Ministry of Labour published its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act” (the “Code”). Given the rapidly approaching date upon which Bill 132 comes into force, and its extensive requirements, this guide to Bill 132 from the Ministry was anxiously awaited. The Code provides some helpful guidance […]



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