About Rudner Law, Employment / HR Law & Mediation
What is “consideration”? Employers beware when implementing new agreements
Consider this: you provide a new agreement to an existing employee. The agreement contains a termination clause limiting the employee’s entitlements upon termination to the minimum under the statute. The employee signs the contract. Several years later, after dismissing the employee and providing them with their minimum statutory entitlements, you receive a letter from the employee’s lawyer seeking 24 months of pay in lieu of notice.
Rudner Law, Employment / HR Law & Mediation
5 minutes read
July 8, 2022 
Employer obligations to the deceased employee
Outside of grieving, it is important to ask and consider: what obligations does an employer have when an employee dies to ensure that the deceased’s employment is wrapped up properly?
Rudner Law, Employment / HR Law & Mediation
Accommodating needs, not preferences
The circumstances that an employer must accommodate continue to expand. After all, the workplace is no longer what it used to be. So, where does the duty to accommodate come from?
Rudner Law, Employment / HR Law & Mediation
No obligation to accommodate employee’s “preference” to work closer to home
A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.
Rudner Law, Employment / HR Law & Mediation
Can accommodation include a reduction in pay?
One issue that arises occasionally when an employee is being accommodated is whether the employer can adjust their compensation to bring it in line with their new reduced hours and/or duties.
Rudner Law, Employment / HR Law & Mediation
Duty to accommodate may be triggered even when employee does not request accommodation
As we all know, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as disability.
Rudner Law, Employment / HR Law & Mediation
Can an employer sue an employee for compensation?
The case detailed here does not mean that employers can sue employees for any losses that arise out of their employment. It will be difficult, if not impossible, to obtain compensation for negligent work, or mistakes. However, where there is deliberate misconduct like in this case, remedies are available to the employer beyond dismissal for cause.
Rudner Law, Employment / HR Law & Mediation
What happens to employment contracts when an employer sells the assets of its business?
The Court of Appeal for Ontario has confirmed that in an asset sale, a purchaser’s offer of employment to a seller’s employee can constitute consideration for changes in an employment contract — including a new termination clause.
Rudner Law, Employment / HR Law & Mediation
When can an employer ask for an independent medical examination?
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.
Rudner Law, Employment / HR Law & Mediation