Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay

Time Published on April 24, 2014 User Stringer LLP Admin

WSIAT recently held that a worker's loss of earnings benefits under the workers' compensation plan may not be offset by statutory pay in lieu of notice.

Tag employment law,  employment standards,  workers' compensation,  wrongful dismissal

When is a Whistleblower not a Whistleblower?

Time Published on April 14, 2014 User Stringer LLP Admin

In a recent decision, the Ontario Labour Relations Board found that an employee did not suffer an unlawful reprisal when he was terminated for raising health and safety concerns – because of the manner in which he raised those concerns.

Tag occupational health and safety

Can an employer be liable to an employee for previous service to a related employer?

Time Published on April 11, 2014 User Stringer LLP Admin

In unionized industries and in particular the construction sector, there are well established rules governing when multiple companies can be considered a single employer under the law. Dozens of multiple employer applications per year are brought in Ontario alone. The same cannot be said about common employer determinations in the non-unionized sector. However, a recent case heard by the Ontario Superior Court of Justice dealt with such a situation


Court Sentences OHSA Violator to Jail due to past Environmental Offences

Time Published on March 25, 2014 User Stringer LLP Admin

This case is one of the first reported examples of an individual receiving a harsher OHSA sentence as a result of convictions under a different statute.  

Tag occupational health and safety

Jurisdictional disputes in employment contracts

Time Published on March 06, 2014 User Stringer LLP Admin

In this electronic age, many employers will make offers of employment via email. When the offer is being made to an individual in another province or country, an issue may arise as to what jurisdiction will govern when a dispute arises.

Tag employment law

When Can an Employer Rely on a Limitation Period when Unilaterally Changing a Contract?

Time Published on February 28, 2014 User Stringer LLP Admin

The Ontario Court of Appeal recently released its decision in Ali v O-Two Medical, which highlights the risks of taking a wait-and-see approach when giving notice of significant changes to employment terms and conditions.

Tag general litigation

Are Statements by Inspectors About Whether Charges are Going to be Laid Binding on the MOL?

Time Published on February 26, 2014 User Stringer LLP Admin

One of the questions that have vexed employers over the years is how to respond to “off-hand” comments made by Ministry of Labour Inspectors in the course of investigations.  Employers often wonder whether comments made by Inspectors about whether charges will be laid have any legal consequence.

Tag occupational health and safety

What Information Must (or Can) an Employer Disclose to a Union?

Time Published on February 24, 2014 User Stringer LLP Admin

After nearly a decade-long legal battle, the Supreme Court of Canada has confirmed that employers are not prohibited by privacy legislation from providing employee personal contact information to their union representatives.  The saga of this case carries lessons for employers with unionized and non-union employees alike.

Tag labour relations,  privacy

British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan

Time Published on February 14, 2014 User Stringer LLP Admin

Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan are clearly spelled out. More often than not a dismissed employee will demand payment of this additional compensation upon termination of employment. Ultimately the employee’s entitlement will depend on the wording of the plan.

Tag employment law,  wrongful dismissal litigation

Personal Liability in Wrongful Dismissal Actions

Time Published on January 31, 2014 User Stringer LLP Admin

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

Tag employment law,  wrongful dismissal litigation

Court of Appeal says that Compliance with an Inspector’s Order Should Not Mean a Smaller Fine

Time Published on January 24, 2014 User Stringer LLP Admin

The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.

Tag occupational health and safety

Ontario Imposes Mandatory OH&S Training for Workers and Supervisors

Time Published on January 22, 2014 User Stringer LLP Admin

A new Regulation under the OHSA will explicitly require that workers and supervisors receive basic occupational health and safety training as of July 1, 2014.

Tag occupational health and safety

OLRB opens the door to harassment reprisal complaints under the OHSA

Time Published on January 08, 2014 User Stringer LLP Admin

The Ontario Labour Relations Board recently made an important decision which may represent a significant shift in how it approaches allegations that employers have engaged in reprisals against workers who have filed harassment complaints.

Tag human rights,  occupational health and safety

Happy Holidays from Stringer LLP

Time Published on December 11, 2013 User Stringer LLP Admin

Happy Holidays from Stringer LLP


AODA Compliance Deadlines for January 2014 are Quickly Approaching

Time Published on December 05, 2013 User Stringer LLP Admin

Most employers are aware of their obligations under the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). However, many employers are not aware of the upcoming requirements under the AODA Integrated Accessibility Standard.

Tag aoda