|Published on April 26, 2016||Stringer LLP Admin|
Canadian employees are presumptively entitled to “reasonable notice” of termination. Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period. However, the law is very different with respect to fixed-term contracts. The catch is that absent contractual language limiting the employee’s entitlements on early termination, the employee is entitled to pay in lieu of the balance of the fixed term.
Human Rights Tribunal Rules on Family Status Protection for Infrequent and Unexpected Childcare Obligations
|Published on April 20, 2016||Stringer LLP Admin|
A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.
|Published on April 08, 2016||Stringer LLP Admin|
The law has become increasingly sensitive to the need for the protection of personal information from public disclosure. This is of particular concern for employers, who often possess a wealth of personal information about their employees. With this possession comes responsibilities that can trigger legal liability if not fulfilled. In the recent case of St. Patrick’s Home of Ottawa v CUPE, an arbitrator was asked to deal with the ramifications of an unauthorized disclosure of employee medical and employment information in a unionized workplace.
|Published on March 30, 2016||Stringer LLP Admin|
A common misconception among construction employers is that the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) only consists of the Customer Service Standard and does not apply to construction employers.
Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator
|Published on March 22, 2016||Stringer LLP Admin|
The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate. Employers should take note of the legislative requirements in the jurisdictions in which they operate. Recently, the Federal Court of Appeal ruled on the issue of when federal employers must appoint an impartial investigator under the Canada Labour Code.
|Published on March 14, 2016||Stringer LLP Admin|
Recently, the Protecting Child Performers Act, 2015 came into force. The Act outlines protections for child performers in both the live entertainment and recorded entertainment industries.
|Published on February 29, 2016||Stringer LLP Admin|
The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.
|Published on February 08, 2016||Stringer LLP Admin|
The Workplace Safety and Insurance Act regime is predicated on the categorization of employers within its scheme. Some employers do not need to be insured at all. If they choose not to be insured the Act gives their employees the right to bring a civil case against them for injuries suffered in the course of employment. A recent Ontario Court of Appeal decision clarified the law surrounding the eligibility of employees to make such a claim.
|Published on February 03, 2016||Stringer LLP Admin|
The Ontario Government has passed legislation which imposes new restrictions on criminal record checks. All employers that rely on such checks should take note.
Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
|Published on January 28, 2016||Stringer LLP Admin|
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship. In recognition of this, the Employment Standards Act provides for a three-month period in which no minimum notice is required for termination. However, in some professions this period may not be sufficient for the parties to properly assess a new employee’s suitability for a position.
|Published on January 13, 2016||Stringer LLP Admin|
Ryan Conlin comments to the National Post regarding the recent Metron sentencing decision.
|Published on January 13, 2016||Stringer LLP Admin|
Those involved with occupational health and safety law have followed with interest the ongoing saga of Metron Construction. This sad story began with the collapse of a hanging swing stage at a western Toronto apartment building, resulting in the deaths of four workers and serious injuries to another. Various prosecutions under the Occupational Health and Safety Act and the Criminal Code have resulted in the imposition of over $1.5 million in fines and surcharges on the various corporations and individuals involved in the accident.
|Published on January 08, 2016||Stringer LLP Admin|
A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground. Relying on vague acts of misconduct will not suffice, and policies must be properly implemented and consistently enforced.
Reduce, Reconsider, Restore: Court of Appeal Strikes Down Reduction of Notice Period Due to Economic Circumstances of Employer
|Published on December 15, 2015||Stringer LLP Admin|
Notwithstanding the best wishes of employers, there are times when employees have to be let go for purely financial reasons. In particularly dire circumstances, these dismissals can often be an important part of cost cutting to ensure that a company remains a viable ongoing concern. However, a recent matter heard by the Ontario Court of Appeal clarified that an employer’s financial circumstances do not alter the reasonable notice to which an employee is due.
|Published on November 30, 2015||Stringer LLP Admin|
The Ontario Government announced an audit blitz this fall pertaining to compliance with the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The blitz, which runs from October through to the end of December, is targeting large retailers with 500 or more employees.
- Human Rights Tribunal Rules on Family Status Protection for Infrequent and Unexpected Childcare Obligations
- Employer Liable for Disclosure of Employee Confidential Medical and Employment Information
- Yes, the AODA Applies to Construction Employers
- Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator
- New Protections for Children in the Entertainment Industry
- Tip Protection for Servers – New Changes to the ESA
- DNF: Waiver Fails to Protect Self-Insured Employer from Injured Employee’s Court Action
- New Limits on Criminal Records Checks
- Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
- Ryan Conlin Speaks to the National Post re Metron
- Judge Imposes Jail Time on Metron Construction Site Supervisor
- Jumping to Conclusions Proves Costly for Employer
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