Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the
Rudner Law Blog
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Enforcing Settlements
Most legal disputes in Canada result in a settlement. Even when the parties are unable to resolve their differences at an early stage and are forced to proceed to litigation, it is far more likely than not that the parties…
Court Confirms Test for Proper Location of Proceeding
You’re located in Ontario and want to sue someone in another province regarding a loss you suffered in Ontario. No problem, right? Like many aspects of the law, however, it’s not always that simple – instead, the classic lawyer’s answer…
Teachable moment for ESPN anchor after commenting on Zack Whitecloud’s name.
I want to talk about something that happened last week during this year’s NHL playoffs. Now, I always love it when I get to combine hockey and HR law into one story. So, as you can see in the headline…
Obtaining Disclosure of Documents
What do you do if there is a key document that can help prove your case, but it is in the possession of the opposing party, and you don’t have access to it? Clients often ask us how we can…
Court of Appeal: Silence Does Not Equal Consent for Layoffs
Recently, the Ontario Court of Appeal held that:
- an employer’s past practice of laying off employees does not necessarily result in an implied term permitting layoffs with respect to another employee, as each situation must be assessed based on its
…
Can You Be Fired For Having an OnlyFans?
We posted about this story on our TikTok account and received many comments, some supporting the teaching assistant and others saying that she should lose her job.
Many people have picked up on the point that, as this teaching assistant…
The Discovery Process
Nobody wants to have to go to Court, but sometimes this is necessary to pursue your rights or to defend against a frivolous lawsuit. While our firm makes efforts to resolve cases and reach reasonable settlements, sometimes an early settlement…
Employers should not use performance improvement plans in bad faith.
Stuart Rudner here with another Rudner Law employment law update.
This was actually going to be my rant on season 6 episode 3 of Fire Away with Cameron Atlas, but our discussion was going so well, I just didn’t…
Does a Dismissed Employee Have an Obligation to Return to Work in Order to Mitigate their Damages? It Depends!
In Northern Air Charter (PR) Inc v Dunbar, an employee was dismissed from his employment and, several months later, offered the opportunity to return to his position without backpay. The employee refused, and pursued a claim for wrongful dismissal.…