The Accidental Termination


Time Published on March 15, 2017 User Stringer LLP Admin

A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees.

Tag employment law

Probationary clauses: A double-edged sword for employers


Time Published on February 17, 2017 User Stringer LLP Admin

Many employers use probation periods to assess new employees, and use contractual probationary clauses which purport to limit termination entitlements. Unfortunately, poorly drafted clauses may run afoul of the law and expose employers to significant reasonable notice awards.  

Tag employment law,  employment standards,  wrongful dismissal litigation

No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal


Time Published on February 08, 2017 User Stringer LLP Admin

Court affirms there must be sufficient evidence that the employer’s conduct was egregious before an award of aggravatedCourt affirms there must be sufficient evidence that the employer’s conduct was egregious before an award of aggravated damages is appropriate.  damages is appropriate. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Alberta court rules on the limits of good faith in the performance of employment contracts


Time Published on January 31, 2017 User Stringer LLP Admin

In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without giving reasons. Further, the Court ruled that there is no good faith duty on the part of employers to refrain from exercising their discretion to dismiss employees simply because dismissing them will deprive them of bonus payments which have not yet vested

Tag employment law,  employment litigation,  wrongful dismissal litigation

When a resignation isn’t really a resignation


Time Published on January 24, 2017 User Stringer LLP Admin

How do you know when an employee has quit her job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee’s apparent resignation at face value.  

Tag employment law,  wrongful dismissal litigation

“Uncommon” employers – Corporate Structure vs Employment Obligations


Time Published on January 11, 2017 User Stringer LLP Admin

In a recent decision, the Ontario Divisional Court overturned a trial judge’s ruling that one corporation’s obligations to employees “flowed” to an alleged successor. 

Tag employment law,  employment litigation,  employment standards

Mitigation – A duty to act in your own professional interest


Time Published on December 30, 2016 User Stringer LLP Admin

The court ruled decisively that, when it comes to assessing re-training decisions and an employee's duty to mitigate, it is not appropriate to require a former employer to finance an employee's otherwise perfectly valid personal choice. 

Tag employment law,  wrongful dismissal litigation

Medical Evidence and Employee Absences


Time Published on December 23, 2016 User Stringer LLP Admin

A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work, but stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.

Tag employment standards,  human rights

Happy Holidays


Time Published on December 21, 2016 User Stringer LLP Admin

Happy Holidays from all of us at Stringer LLP.

Tag

Employers Need “Reasonable Basis” to Allege Just Cause


Time Published on November 30, 2016 User Stringer LLP Admin

Employers be warned - engaging in high-handed, bullying behaviour when dismissing an employee may be a costly strategy.

Tag employment law,  employment litigation,  wrongful dismissal litigation

The Tail Wags the Dog: Federal Sector Employee Vetoes Employer`s Appointment of Investigator


Time Published on November 25, 2016 User Stringer LLP Admin

A recent case brought into question whether an employee objecting to the appointment of an investigator under the Canada Labour Code due to their perceived impartiality is under an onus to justify their position.

Tag occupational health and safety

Re-Balancing the Express Entry System – IRCC puts the focus on human capital, skills and experience


Time Published on November 21, 2016 User Stringer LLP Admin

On November 19, 2016, Immigration, Refugee and Citizenship Canada (“IRCC”) announced changes to the Express Entry system designed to put greater weight on human capital, skills, and experience.

Tag immigration

Landon Young named to the Best Lawyers in Canada 2017 list


Time Published on October 17, 2016 User Stringer LLP Admin

We are proud to announce that our Managing Partner, Landon Young, has been selected again by his peers to the Best Lawyers in Canada 2017 list.

Tag stringer llp

Supreme Court Decision May Protect Defendants Charged with OHSA Offences from Unreasonable Delay


Time Published on September 14, 2016 User Stringer LLP Admin

A recent decision from the Supreme Court of Canada could have the effect of allowing corporations charged under the OHSA to seek remedies when a trial is unreasonably delayed in a considerably broader swath of cases.

Tag occupational health and safety

AODA Customer Service Standard Changed July 1


Time Published on July 22, 2016 User Stringer LLP Admin

Welcome back from your early summer vacation - Changes to the Customer Service Standard under the AODA came into effect on July 1. Employers must revisit their Customer Service Standard policies and procedures to ensure they are compliant with these changes.

Tag aoda

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