Employers are increasingly using termination of employment clauses in employment offers and contracts to reduce the...
Any time that an Ontario construction industry employer is targeted by a union’s application for certification,...
The Ontario Court of Justice recently stayed all charges against several corporate defendants and one corporate...
A recent decision by the Ontario Court of Justice confirms that, pursuant to a new framework from the Supreme Court...
Hindsight is 20/20 – Employer obligations under the workplace violence provisions of the Occupational Health and Safety ActSubject:Occupational Health and Safety - October 19, 2016
Employers across the province are likely aware that they have a duty to take certain steps to protect their employees...
A recent Human Rights Tribunal of Ontario decision provides a rare opportunity to directly draw lessons and best...
The Ontario Superior Court of Justice recently rejected a company’s argument that different rules should...
Workplace harassment has been at the forefront of labour and employment law over the past several years, particularly...
Although the AODA has been around for 10 years, the AODA Accessibility Standards were developed, and are being phased...
2015 was a busy year for those following developments in labour and employment law. Along with groundbreaking...
Experience Rating Revolution: Answers to Frequently Asked Questions about the WSIB’s Overhaul of How Employers Fund the SystemSubject:Workers' Compensation - January 12, 2016
The Ontario Workplace Safety and Insurance system is about to undergo one of the most important changes in decades....
Since 2008, Courts have wrestled with wrongful dismissal claims in which employees make claims of entitlements to...
The Canadian Government has announced further changes to the foreign worker system that come into effect on December...
Does a terminated employee have a duty to accept an offer of re-employment after termination? This issue was recently...
Recently, the Ontario Government provided new details regarding the Ontario Retirement Pension Plan
A recent case from the Alberta Court of Appeal sheds light on how Canadian courts will treat post-termination...
The tragic Christmas Eve 2009 swing stage collapse which led to the deaths of four workers and the serious injury of...
Ryan Conlin and Jeremy Schwartz will be speaking on May 3 at Partners in Prevention presented by the WSPS.
A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.
Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe him? Perhaps not.
March 31 is the last day for early bird registration at this year's Ontario Employment Law Conference.
A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees.
The law on addiction has evolved over the years in arbitral jurisprudence. Earlier decisions treated illness as a mitigating factor on penalty. In more recent decisions, arbitrators have treated the human rights accommodation analysis as relevant to the assessment of the gravity and culpability of misconduct itself.
Many employers use probation periods to assess new employees, and use contractual probationary clauses which purport to limit termination entitlements. Unfortunately, poorly drafted clauses may run afoul of the law and expose employers to significant reasonable notice awards.
No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal
Court affirms there must be sufficient evidence that the employer’s conduct was egregious before an award of aggravatedCourt affirms there must be sufficient evidence that the employer’s conduct was egregious before an award of aggravated damages is appropriate. damages is appropriate.
In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without giving reasons. Further, the Court ruled that there is no good faith duty on the part of employers to refrain from exercising their discretion to dismiss employees simply because dismissing them will deprive them of bonus payments which have not yet vested
How do you know when an employee has quit her job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee’s apparent resignation at face value.
In a recent decision, the Ontario Divisional Court overturned a trial judge’s ruling that one corporation’s obligations to employees “flowed” to an alleged successor.
The court ruled decisively that, when it comes to assessing re-training decisions and an employee's duty to mitigate, it is not appropriate to require a former employer to finance an employee's otherwise perfectly valid personal choice.
A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work, but stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.
Happy Holidays from all of us at Stringer LLP.
Employers be warned - engaging in high-handed, bullying behaviour when dismissing an employee may be a costly strategy.
A recent case brought into question whether an employee objecting to the appointment of an investigator under the Canada Labour Code due to their perceived impartiality is under an onus to justify their position.
On November 19, 2016, Immigration, Refugee and Citizenship Canada (“IRCC”) announced changes to the Express Entry system designed to put greater weight on human capital, skills, and experience.
We are proud to announce that our Managing Partner, Landon Young, has been selected again by his peers to the Best Lawyers in Canada 2017 list.
A recent decision from the Supreme Court of Canada could have the effect of allowing corporations charged under the OHSA to seek remedies when a trial is unreasonably delayed in a considerably broader swath of cases.
Welcome back from your early summer vacation - Changes to the Customer Service Standard under the AODA came into effect on July 1. Employers must revisit their Customer Service Standard policies and procedures to ensure they are compliant with these changes.
When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee? In Fernandes v. Peel Educational, the Ontario Superior Court of Justice and the Ontario Court of Appeal were both asked to determine if a teacher’s misconduct gave rise to just cause for termination. They came to very different conclusions.
Many businesses and organizations now consist of multiple, separate corporations, organized for tax, liability, and other legitimate commercial purposes. Although in some contexts such structures prevent any liability from flowing between the constituent elements, in wrongful dismissal cases such a structure can often come under attack, as plaintiffs attempt to draw unrelated elements of the same organization into litigation to access assets or because of confusion over the correct party to name.
It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process
A recent decision of the Ontario Superior Court addresses the limits on the employer’s procedural duties in the accommodation process with respect to an employee on a long-term absence from work due to disability.
Read the Daily Commercial News's report on Ryan Conlin's presentation at this year's Partners in Prevention occupational health and safety conference held on April 26.
There are currently two Bills before the Ontario legislature which would designate new leaves under the Employment Standards Act, 2000. Outside of introducing the new leaves and obligations on employers, these Bills could be the canary in the coalmine for further extensive increases to leave entitlements under the Employment Standards Act, 2000.
Canadian employees are presumptively entitled to “reasonable notice” of termination. Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period. However, the law is very different with respect to fixed-term contracts. The catch is that absent contractual language limiting the employee’s entitlements on early termination, the employee is entitled to pay in lieu of the balance of the fixed term.
Human Rights Tribunal Rules on Family Status Protection for Infrequent and Unexpected Childcare Obligations
A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.
In the recent case, an arbitrator was asked to deal with the ramifications of an unauthorized disclosure of employee medical and employment information.
A common misconception among construction employers is that the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) only consists of the Customer Service Standard and does not apply to construction employers.
Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator
The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate. Employers should take note of the legislative requirements in the jurisdictions in which they operate. Recently, the Federal Court of Appeal ruled on the issue of when federal employers must appoint an impartial investigator under the Canada Labour Code.
Recently, the Protecting Child Performers Act, 2015 came into force. The Act outlines protections for child performers in both the live entertainment and recorded entertainment industries.
The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.