|Published on June 22, 2016||Stringer LLP Admin|
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.
|Published on June 10, 2016||Stringer LLP Admin|
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.
|Published on May 27, 2016||Stringer LLP Admin|
The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.
It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process
|Published on May 16, 2016||Stringer LLP Admin|
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.
|Published on May 06, 2016||Stringer LLP Admin|
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.
|Published on May 03, 2016||Stringer LLP Admin|
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.
|Published on April 26, 2016||Stringer LLP Admin|
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
|Published on April 20, 2016||Stringer LLP Admin|
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.
|Published on April 08, 2016||Stringer LLP Admin|
The law has become increasingly sensitive to the need for the protection of personal information from public disclosure. This is of particular concern for employers, who often possess a wealth of personal information about their employees. With this possession comes responsibilities that can trigger legal liability if not fulfilled. In the recent case of St. Patrick’s Home of Ottawa v CUPE, an arbitrator was asked to deal with the ramifications of an unauthorized disclosure of employee medical and employment information in a unionized workplace.
|Published on March 30, 2016||Stringer LLP Admin|
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
|Published on March 22, 2016||Stringer LLP Admin|
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.
|Published on March 14, 2016||Stringer LLP Admin|
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.
|Published on February 29, 2016||Stringer LLP Admin|
The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.
|Published on February 08, 2016||Stringer LLP Admin|
The Workplace Safety and Insurance Act regime is predicated on the categorization of employers within its scheme. Some employers do not need to be insured at all. If they choose not to be insured the Act gives their employees the right to bring a civil case against them for injuries suffered in the course of employment. A recent Ontario Court of Appeal decision clarified the law surrounding the eligibility of employees to make such a claim.
|Published on February 03, 2016||Stringer LLP Admin|
The Ontario Government has passed legislation which imposes new restrictions on criminal record checks. All employers that rely on such checks should take note.
- Court of Appeal Gives Mark-Fabricating Teacher an "F"
- Putting on the Brakes: The Limits of the Common Employer Doctrine
- After the Accident: Pitfalls to Avoid for Employers after Workplace Accidents
- It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process
- Ryan Conlin Speaking on OHS in the Daily Commercial News
- More Time, More Money: New, Unique Employment Standards Act Leaves Proposed by Legislature
- Fixed-Term Fiasco: Employee Profits off of Termination of Term Contract
- Human Rights Tribunal Rules on Family Status Protection for Infrequent and Unexpected Childcare Obligations
- Employer Liable for Disclosure of Employee Confidential Medical and Employment Information
- Yes, the AODA Applies to Construction Employers
- Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator
- New Protections for Children in the Entertainment Industry
- Tip Protection for Servers – New Changes to the ESA
- DNF: Waiver Fails to Protect Self-Insured Employer from Injured Employee’s Court Action
- New Limits on Criminal Records Checks
- Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
- Ryan Conlin Speaks to the National Post re Metron
- Judge Imposes Jail Time on Metron Construction Site Supervisor
- Jumping to Conclusions Proves Costly for Employer
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