Management Lawyers

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

“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

Employers Need “Reasonable Basis” to Allege Just Cause

Published on November 30, 2016

Employers be warned - engaging in high-handed, bullying behaviour when dismissing an employee may be a costly strategy.

employment law,  employment litigation,  wrongful dismissal litigation

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

Published on June 22, 2016

Stringer LLP

When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee?

employment law,  employment litigation,  wrongful dismissal litigation

Fixed-Term Fiasco: Employee Profits off of Termination of Term Contract

Published on April 26, 2016

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.

employment law,  employment litigation,  wrongful dismissal litigation

Court Precludes Terminated Employee from Relying on Employer’s Apology

Published on September 17, 2015

A recent decision from the Ontario Superior Court of Justice demonstrates the little known "Apology Act" may apply in straightforward or perhaps interesting ways in employment law.

employment law,  employment litigation,  labour law