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

Court of Appeal Gives Mark-Fabricating Teacher an "F"


Time Published on June 22, 2016 User Stringer LLP Admin

When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee? In Fernandes v. Peel Educational, the Ontario Superior Court of Justice and the Ontario Court of Appeal were both asked to determine if a teacher’s misconduct gave rise to just cause for termination.  They came to very different conclusions.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Putting on the Brakes: The Limits of the Common Employer Doctrine


Time Published on June 10, 2016 User Stringer LLP Admin

Many businesses and organizations now consist of multiple, separate corporations, organized for tax, liability, and other legitimate commercial purposes.  Although in some contexts such structures prevent any liability from flowing between the constituent elements, in wrongful dismissal cases such a structure can often come under attack, as plaintiffs attempt to draw unrelated elements of the same organization into litigation to access assets or because of confusion over the correct party to name.

Tag employment law

After the Accident: Pitfalls to Avoid for Employers after Workplace Accidents


Time Published on May 27, 2016 User Stringer LLP Admin

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy.  The Occupational Health and Safety Act requires that these parties take positive actions immediately from the time that an accident occurs.  These actions can have important implications for later legal proceedings.  Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

Tag occupational health and safety

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