Consideration: What’s Good for the Goose is Good for the Gander

Published on January 31, 2018

Stringer LLP

In a unique set of circumstances, the Ontario Superior Court recently found that changes to an employment contract which benefited an employee were void because the employer did not receive consideration.

employment law,  employment litigation,  wrongful dismissal litigation

Working Notice Inappropriate for Employees Who Cannot Work

Published on December 19, 2017

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

employment law,  employment litigation,  wrongful dismissal litigation

No Bonus Entitlement - “Active Employment” Requirement did not Violate ESA

Published on December 04, 2017

The Ontario Court of Appeal recently denied entitlement to bonus payout to an employee who quit his job. The Court found that the language of the bonus plan, requiring “active employment” as a condition to receive a payout, did not violate the Employment Standards Act. 

employment law,  employment litigation,  employment standards

Ambiguity Killed the Termination Clause

Published on November 20, 2017

The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity. 

employment law,  employment litigation,  wrongful dismissal litigation

Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice

Published on November 16, 2017

The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.

employment law,  employment litigation,  wrongful dismissal litigation

Court Limits Bonus Entitlement During Notice Period

Published on September 22, 2017

So when is an employee entitled to a bonus during the reasonable notice period? 

employment law,  employment litigation,  wrongful dismissal litigation

Court Rules that Rejected Separation Packages are to Remain Confidential

Published on September 05, 2017

It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in exchange for a signed release from liability. But if the employee rejects the package, the employer may not be allowed to rely on the offer during any subsequent litigation. 

employment law,  employment litigation,  wrongful dismissal litigation

Court Awards Significant Costs Award Against Thieving Employee

Published on July 21, 2017

A recent cost decision from the Ontario Superior Court of Justice suggests that employers who successfully defend themselves from a wrongful dismissal action by asserting just cause may be entitled to recoup a significant amount of their legal costs. 

employment litigation,  general litigation,  wrongful dismissal litigation

Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt

Published on July 07, 2017

A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages. 

employment law,  employment litigation,  wrongful dismissal litigation

Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause

Published on June 19, 2017

Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying, cheating, or stealing. Just cause is a very high standard. Often, instead of relying on misconduct or performance issues, employers elect to terminate problem employees without cause. 

employment law,  employment litigation,  wrongful dismissal litigation

Bad facts make bad law (for employers): Court recognizes new tort of harassment

Published on June 14, 2017

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.

employment law,  employment litigation,  wrongful dismissal litigation

Mitigating by returning to work: it depends on the circumstances

Published on June 02, 2017

When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be obligated to accept continued employment with the company that terminated them to mitigate their losses. A recent Court of Appeal decision reminds us, however, that an employer’s offer must meet certain conditions or else the employee may refuse to accept it. 

employment law,  employment litigation,  wrongful dismissal litigation

Generous termination clauses: Think twice before making promises

Published on April 28, 2017

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

employment law,  employment litigation,  wrongful dismissal litigation

Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach

Published on March 03, 2017

The law on addiction has evolved over the years in arbitral jurisprudence.  Earlier decisions treated illness as a mitigating factor on penalty.  In more recent decisions, arbitrators have treated the human rights accommodation analysis as relevant to the assessment of the gravity and culpability of misconduct itself.

employment law,  employment litigation,  human rights,  labour law

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

Published on February 08, 2017

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. 

employment law,  employment litigation,  wrongful dismissal litigation