|Published on October 20, 2015||Stringer LLP Admin|
Over the past few years, we have seen a number of cases in Canada where human rights tribunals have awarded record setting damage awards. In many of these cases, the damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal case. A recent judicial review decision out of British Columbia, University of British Columbia v. Kelly, has set aside one such damage award.
|Published on October 15, 2015||Stringer LLP Admin|
Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a phone when it is in a person’s pocket. In a recent decision from Alberta, an employee’s pocket-dial revealed that he was performing work for his own personal business on company time, leading to his dismissal for cause.
New OLRB Rules Make Responding to Construction Industry Applications for Certification Even More Difficult
|Published on September 17, 2015||Stringer LLP Admin|
A small change to the Ontario Labour Relations Board's response form may have a significant impact on employers' ability to respond accurately in an already brief response window.
|Published on September 17, 2015||Stringer LLP Admin|
A recent decision from the Ontario Superior Court of Justice demonstrates the little known "Apology Act" may apply in straightforward or perhaps interesting ways in employment law.
|Published on September 09, 2015||Stringer LLP Admin|
Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition. Where an employer provides disability benefits, the employee will be required to show that they meet the definition of disability under the insurance policy, which will require the disclosure of medical information. A recent decision from the Ontario Superior Court addresses the issue of when an employee is considered to have abandoned their employment where they fail to comply with requests for medical information and also refuse to return to work.
|Published on August 31, 2015||Stringer LLP Admin|
The recent admission of a large number of new health professions to those recognized in the Ontario Regulated Health Professions Act, which governs who can provide medical services in Ontario, raises fresh questions for employers as to what they should do with medical documentation from health care or medical practitioners who are not traditional doctors
|Published on August 06, 2015||Stringer LLP Admin|
Summary judgment has increasingly become a process used to litigate wrongful dismissal actions. It can be attractive as it allows the parties to avoid going through a more costly and time-consuming trial. However, the efficiency of this process raises other issues. Because parties can bring a summary judgment motion early on in the proceedings, a decision may be rendered prior to the expiry of the reasonable notice period at common law. This raises the question as to how to deal with the issue of mitigation.
|Published on July 28, 2015||Stringer LLP Admin|
Workplace investigations have been an increasingly important topic for HR Professionals in the past few years. Employers have a duty to conduct workplace investigations in response to employee discrimination and harassment complaints. Failure to investigate or faulty investigations can expose employers to liability. Ensuring that workplace investigations are conducted properly is key to avoiding such liability.
|Published on July 23, 2015||Stringer LLP Admin|
The Supreme Court of Canada has announced that it granted the employee in Wilson v Automic Energy Limited leave to appeal. While a final decision is likely more than a year away, that decision has the potential to finally resolve one of the most vexing questions facing employers of non-unionized employees in the federal sector.
|Published on June 19, 2015||Stringer LLP Admin|
A recent decision of the British Columbia Court of Appeal found just cause for dismissal of a long service employee existed for a single incident of misconduct.
|Published on June 15, 2015||Stringer LLP Admin|
A recent decision from the Human Rights Tribunal of Ontario has doubled the previous Canadian record for general damages.
|Published on June 10, 2015||Stringer LLP Admin|
A recent decision by the Superior Court of Justice underscores the heavy potential cost for an employer that attempts to retain workers as independent contractors – and finds itself on the wrong side of the line.
|Published on May 22, 2015||Stringer LLP Admin|
Increasingly, the courts are striking down termination provisions in employment contracts resulting in lengthy common law notice awards to employees. A recent decision from the Ontario Divisional Court continued this concerning trend.
Court of Appeal upholds decision granting employee notice period based on employment with predecessors
|Published on May 15, 2015||Stringer LLP Admin|
Court of Appeal affirms that corporate reorganizations and transactions cannot defeat employees' statutory entitlements on termination where there is a "sufficiently close relationship amongst the various companies".
|Published on May 14, 2015||Stringer LLP Admin|
Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will be entitled to notice or pay in lieu of notice. However, there are circumstances where the courts will find that dismissal for cause is warranted, as illustrated in a recent decision of the Ontario Court of Appeal, Agostino v Gary Bean Securities Ltd.
- Ontario Superior Court takes “Trust” Approach to Mitigation at Summary Judgment
- Workplace Investigations – Will Yours Survive Tribunal Scrutiny?
- Supreme Court to Review Definition of “Unjust” Dismissals for Federal Employers
- Workplace Policies Key in BC Court of Appeal Decision Upholding Just Cause Dismissal
- Double the Previous Record Awarded in Damages for Sexual Harassment
- Ontario Court Awards Dependent Contractors over Two Years of Notice
- Court Strikes Down Termination Provision that Provides For Salary During Notice Period
- Court of Appeal upholds decision granting employee notice period based on employment with predecessors
- Court of Appeal Finds Progressive Discipline Not Necessary in Just Cause Dismissal
- Adjudicator Upholds Termination for Breach of Employer’s Technology Policy
- The Supreme Court Weighs In on Suspensions and Constructive Dismissals
- Court Rejects Crown’s Bid to Use General Duty Clause to Impose More Stringent Health and Safety Requirements
- The Limits on the Duty to Accommodate
- Frank Portman to present at WSPS Conference & Trade Show: Understanding Bill 18: OHSA Protection for Young Workers and Unpaid Interns
- Shift-Shopping Endorsement Upheld by Alberta Court
- Proposed Changes to the AODA Customer Service Standard
- Turning over a new leave: ESA amendments introduce new, significant categories of leaves
- Early Bird Registration Now Open: 16th Annual Employment Law Conference
- Allison Taylor to present OBA webinar: Pregnant Employees: The Risks of Reproduction
- Federally Regulated Employees do not have Just Cause Protection
- Supreme Court Rules Right to Strike Protected by the Charter
- Termination Clauses: A Cautionary Tale
- Divisional Court Clarifies Test for a Poisonous Work Environment
- New Year’s Hangover: The Curious Case of the 27 Paycheque Year
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