|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.
|Published on September 09, 2014||Stringer LLP Admin|
While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.
|Published on August 27, 2014||Stringer LLP Admin|
The recent settlement of this overtime class action lawsuit, and the complexity and scope of retroactive liability, highlights the folly in the head in the sand approach.
|Published on July 31, 2014||Stringer LLP Admin|
Constructors must have strong and meaningful safety programs in place to avoid Occupational Health and Safety violations and liability.
|Published on July 08, 2014||Stringer LLP Admin|
Employers: Feel reassured, outrageous misconduct is still cause for summary dismissal.
|Published on July 07, 2014||Stringer LLP Admin|
Registration now open!
|Published on June 27, 2014||Stringer LLP Admin|
The Supreme Court of Canada has ruled that Walmart violated the statutory freeze in Québec's labour legislation when it closed a store following a successful organizing drive and failed negotiations.
|Published on June 26, 2014||Stringer LLP Admin|
A recent Human Rights Tribunal decision confirms the importance of securing agreement on all settlement terms.
|Published on June 24, 2014||Stringer LLP Admin|
When is an owner also an “employee”? The Supreme Court of Canada recently rendered a decision on the question of whether a partner at a law firm could be an employee under human rights legislation. The answer, perhaps not a surprise, is ‘it depends’…
- 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
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- general litigation
- human rights
- labour law
- labour relations
- occupational health and safety
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