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

Probationary clauses: A double-edged sword for employers

Published on February 17, 2017

Stringer LLP

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.

employment law,  employment standards,  wrongful dismissal litigation

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

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

Published on January 31, 2017

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

employment law,  employment litigation,  wrongful dismissal litigation

When a resignation isn’t really a resignation

Published on January 24, 2017

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.  

employment law,  wrongful dismissal litigation

“Uncommon” employers – Corporate Structure vs Employment Obligations

Published on January 11, 2017

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. 

employment law,  employment litigation,  employment standards