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Toronto-area employment lawyer and mediator Stuart Rudner and his team at Rudner Law kept on top of the important issues affecting employers and workers in 2022.
Associate Geoffrey Lowe started off the year explaining why the dismissal of almost 500 City of Toronto workers for failing to comply with a COVID-19 vaccination policy would lead to a surge in wrongful dismissal court cases and grievances for wrongful dismissal. COVID vaccination policy terminations bring new questions
In February, Rudner said that mediation sessions come with the expectation of confidentiality but there are exceptions to the rule. “While what occurs during these sessions is confidential, it is not 100 per cent confidential. There are a couple of exceptions that people should be aware of.” Prepare for exceptions to mediation confidentiality rules
The next month he noted that recent innovations in legal technology have improved the practice of law and those who fail to embrace change do so at their own peril. Technology continues to move the legal profession forward
Mediation is an effective alternative to litigating employment issues but it is not utilized as often as it should be, Rudner explained. The time for mandatory mediation has arrived: Rudner
A recent Ontario Court of Appeal (ONCA) ruling clarifies the threshold to establish wilful misconduct under the Employment Standards Act, 2000 (ESA) and provides guidance on how to assess sexual harassment in the workplace,
Associate Nadia Zaman shared her opinion on a Court of Appeal ruling that clarified the threshold to establish wilful misconduct under the Employment Standards Act and provided guidance on how to assess sexual harassment in the workplace. Court of appeal decision provides clarity in termination cases
In June, partner Brittany Taylor discussed what employers and employees should expect when the deeming provisions of the Infectious Disease Emergency Leave expired. Infectious Disease Emergency Leave deeming provisions are ending
When it comes to vaccinations what was reasonable a year ago, or even a month ago, may not be reasonable now or three months from now, Runder noted in July. Employment world continues to wrestle with vaccination issue
In his next post, he noted the surge in constructive dismissal cases due to COVID-19 did not appear to be easing.“There are hundreds if not thousands of constructive dismissal cases out there that have already been filed or are being contemplated.” No quick end to COVID constructive dismissal litigation
In September, Runder said because the uncertainty of a constructive dismissal claim makes it a risky proposition, a negotiated settlement is often the more prudent choice. Negotiation can be best option in a constructive dismissal
The next month, Zaman warned companies whose employment contracts have not been thoroughly vetted to ensure they are compliant with the Employment Standards Act could find themselves paying the price when attempting to enforce them. Every detail needs to be examined in employment contracts
In his November post, Rudner said knowing how to structure a wrongful dismissal claim can help to reduce tax obligations and put more money in your pocket. Keep taxes in mind when structuring your wrongful dismissal claim
Taylor closed off the year by discussing the many new government rules introduced in 2022. New regulations introduced in 2022 to protect employee rights