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

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