Supreme Court Rules Right to Strike Protected by the Charter


Time Published on January 30, 2015 User Stringer LLP Admin

The Supreme Court of Canada has ruled that the right to strike is protected under the Charter of Rights and Freedoms.

Tag constitutional law,  labour law

Termination Clauses: A Cautionary Tale


Time Published on January 21, 2015 User 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.

Tag employment law,  general litigation,  wrongful dismissal

Divisional Court Clarifies Test for a Poisonous Work Environment


Time Published on January 16, 2015 User 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.

Tag human rights

New Year’s Hangover: The Curious Case of the 27 Paycheque Year


Time Published on January 07, 2015 User Stringer LLP Admin

2015 brings with it a payroll oddity that only arises once every 13 years: 27 bi-weekly payroll periods.

Tag employment law,  employment standards

Divisional Court Refuses to Hear Appeal of Certification in Evans v Bank of Nova Scotia


Time Published on December 22, 2014 User 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.

Tag class action,  privacy law

Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits


Time Published on December 08, 2014 User 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.

Tag human rights,  labour law

Back to Basics: HRTO Follows Figliola and Refuses to Allow Relitigation of WSIB Claim


Time Published on December 05, 2014 User 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

Tag human rights,  workers compensation

Restrictive Covenant a Factor in Lengthening Notice Period


Time Published on November 27, 2014 User 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.

Tag restrictive covenants

British Columbia Court of Appeal puts a Price on Non-Competition Provisions


Time Published on November 20, 2014 User 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.

Tag restrictive covenants

Annual Employers' Conference


Time Published on November 14, 2014 User Stringer LLP Admin

Thanks to all who attended our Annual Employers' Conference yesterday.

Tag

Failure to mitigate reduces damages in Human Rights claim


Time Published on November 07, 2014 User 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.

Tag human rights

Outbreak? Ebola and Work Refusals by First Responders


Time Published on October 31, 2014 User 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.

Tag occupational health and safety

Class Action Employment Lawsuit Filed Against Canadian Hockey League


Time Published on October 20, 2014 User 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.

Tag class actions,  employment law,  employment standards,  labour law,  workers compensation

Internship Enforcement Update


Time Published on October 08, 2014 User 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.

Tag employment law,  employment standards

Tribunal fines Employers for Contraventions of the AODA


Time Published on September 30, 2014 User 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.

Tag accessibility for ontarians with disabilities act,  aoda

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