|Published on January 30, 2015||Stringer LLP Admin|
The Supreme Court of Canada has ruled that the right to strike is protected under the Charter of Rights and Freedoms.
|Published on January 21, 2015||Stringer LLP Admin|
In cases dealing with particularly senior and specialized employees, significant notice periods may be awarded even for employees with short service. this is starkly illustrated by a recent case from the Ontario Superior Court.
|Published on January 16, 2015||Stringer LLP Admin|
When employees allege harassment in human rights complaints, they often refer to the creation of a “poisoned work environment.” A recent decision from Ontario’s Divisional Court helpfully demonstrates that something more than one or two discrete incidents is usually required to support such a finding.
|Published on January 07, 2015||Stringer LLP Admin|
2015 brings with it a payroll oddity that only arises once every 13 years: 27 bi-weekly payroll periods.
|Published on December 22, 2014||Stringer LLP Admin|
Ontario's Divisional Court has refused the Bank of Nova Scotia's application for leave to appeal the decision certifying a privacy class action to proceed.
|Published on December 08, 2014||Stringer LLP Admin|
The Supreme Court has ruled that birth mothers faced discrimination because they were forced to choose between benefits during parental leave and benefits for pregnancy leave.
|Published on December 05, 2014||Stringer LLP Admin|
A recent decision from the HRTO indicates that Figliola can still serve to protect the finality of a workers’ compensation tribunal decision
|Published on November 27, 2014||Stringer LLP Admin|
A recent case out of British Columbia signals restrictive covenants may be a factor supporting extensions in common law notice periods for terminated employees.
|Published on November 20, 2014||Stringer LLP Admin|
The British Columbia Court of Appeal recently endorsed a functional approach to the interpretation of restraint of trade clauses. This approach opens up the potential for many more clauses to be subject to strict judicial scrutiny, and in turn findings of invalidity. This decision runs contrary to the current approach in Ontario and could signal a change in the approach of the Canadian judiciary to this critical question.
|Published on November 14, 2014||Stringer LLP Admin|
Thanks to all who attended our Annual Employers' Conference yesterday.
|Published on November 07, 2014||Stringer LLP Admin|
In the wake of the Divisional Court’s decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic. As you may recall, the Human Rights Tribunal of Ontario awarded significant damages in that decision which included an award of back pay for a period of approximately 10 years. However, similar to wrongful dismissal litigation, applicants in human rights proceedings have a duty to mitigate their damages by showing that they have made reasonable efforts to seek out suitable alternative employment.
|Published on October 31, 2014||Stringer LLP Admin|
Paramedics in Ontario and Québec have each challenged their respective employers' alleged failure to take reasonable precautions to protect them from exposure to ebola. Somewhat surprisingly, the result was different in each province.
|Published on October 20, 2014||Stringer LLP Admin|
A freshly filed class action lawsuit combines two current trends in employment litigation: a crackdown on unpaid positions and enforcement by class action.
|Published on October 08, 2014||Stringer LLP Admin|
In the second quarter of 2014, the Ministry of Labour conducted an enforcement “blitz,” targeting companies in several sectors with intern programs to determine if those programs were being operated in a manner consistent with the Employment Standards Act. Out of 56 businesses in the GTA inspected during the blitz, 37 compliance orders were issued.
|Published on September 30, 2014||Stringer LLP Admin|
This summer, the License Appeal Tribunal, which has jurisdiction over the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”), released its first decisions pertaining to AODA compliance. Employers should be aware of their AODA obligations and upcoming deadlines to avoid noncompliance penalties.
- Divisional Court Refuses to Hear Appeal of Certification in Evans v Bank of Nova Scotia
- Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits
- Back to Basics: HRTO Follows Figliola and Refuses to Allow Relitigation of WSIB Claim
- Restrictive Covenant a Factor in Lengthening Notice Period
- British Columbia Court of Appeal puts a Price on Non-Competition Provisions
- Annual Employers' Conference
- Failure to mitigate reduces damages in Human Rights claim
- Outbreak? Ebola and Work Refusals by First Responders
- Class Action Employment Lawsuit Filed Against Canadian Hockey League
- Internship Enforcement Update
- Tribunal fines Employers for Contraventions of the AODA
- If it Looks Like Theft and Quacks Like Theft…the Employer may Still pay
- Bank of Nova Scotia Overtime Class-Action Settles Out of Court
- Strong Safety Program Protects Constructor Despite Subcontractor’s Guilty Plea
- What’s cause got to do with it?
- Register Now for our Complimentary, Quarterly HR-Law Webinar
- Supreme Court Finds Store Closure Violated the Statutory Freeze
- Deal or No Deal?
- When is an Owner an Employee?
- What is the next step in AODA compliance?
- Are Your Employment Contracts Enforceable?
- BC Labour Relations Board waters down Irving Pulp
- Keeping the Offer on the Table Essential to Mitigation Defence
- Federal Court of Appeal Revises Test for Family Status Discrimination
- When can a resigning employee join a competitor?
- Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay
- When is a Whistleblower not a Whistleblower?
- Can an employer be liable to an employee for previous service to a related employer?
- Court Sentences OHSA Violator to Jail due to past Environmental Offences
- Jurisdictional disputes in employment contracts
- When Can an Employer Rely on a Limitation Period when Unilaterally Changing a Contract?
- Are Statements by Inspectors About Whether Charges are Going to be Laid Binding on the MOL?
- What Information Must (or Can) an Employer Disclose to a Union?
- British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan
- Personal Liability in Wrongful Dismissal Actions
- Court of Appeal says that Compliance with an Inspector’s Order Should Not Mean a Smaller Fine
- Ontario Imposes Mandatory OH&S Training for Workers and Supervisors
- OLRB opens the door to harassment reprisal complaints under the OHSA
- accessibility for ontarians with disabilities act
- class action
- class actions
- constitutional law
- construction labour relations
- constructive dismissal
- disability benefits
- employment insurance
- employment law
- employment standards
- fiduciary duties
- first nations
- general litigation
- human rights
- labour law
- labour relations
- occupational health and safety
- privacy law
- restrictive covenants
- stringer llp announcements
- workers compensation
- workers' compensation
- wrongful dismissal
- wrongful dismissal litigation