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


Time Published on June 22, 2016 User Stringer LLP

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

Tag employment law,  employment litigation,  wrongful dismissal litigation

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


Time 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.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice


Time Published on January 28, 2016

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.

Tag employment law,  wrongful dismissal litigation

Jumping to Conclusions Proves Costly for Employer


Time Published on January 08, 2016

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.

Tag employment law,  wrongful dismissal litigation

Reduce, Reconsider, Restore: Court of Appeal Strikes Down Reduction of Notice Period Due to Economic Circumstances of Employer


Time Published on December 15, 2015

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.

Tag employment law,  wrongful dismissal litigation

Ontario Superior Court takes “Trust” Approach to Mitigation at Summary Judgment


Time Published on August 06, 2015

Summary judgment has increasingly become a process used to litigate wrongful dismissal actions. It can be attractive as it allows the parties to avoid going through a more costly and time-consuming trial. However, the efficiency of this process raises other issues. Because parties can bring a summary judgment motion early on in the proceedings, a decision may be rendered prior to the expiry of the reasonable notice period at common law. This raises the question as to how to deal with the issue of mitigation.

Tag employment law,  wrongful dismissal litigation

Supreme Court to Review Definition of “Unjust” Dismissals for Federal Employers


Time Published on July 23, 2015

The Supreme Court of Canada has announced that it granted the employee in Wilson v Automic Energy Limited leave to appeal.  While a final decision is likely more than a year away, that decision has the potential to finally resolve one of the most vexing questions facing employers of non-unionized employees in the federal sector.

Tag employment law,  wrongful dismissal litigation

Workplace Policies Key in BC Court of Appeal Decision Upholding Just Cause Dismissal


Time Published on June 19, 2015

A recent decision of the British Columbia Court of Appeal found just cause for dismissal of a long service employee existed for a single incident of misconduct.

Tag employment law,  wrongful dismissal litigation

Ontario Court Awards Dependent Contractors over Two Years of Notice


Time Published on June 10, 2015

A recent decision by the Superior Court of Justice underscores the heavy potential cost for an employer that attempts to retain workers as independent contractors – and finds itself on the wrong side of the line.

Tag employment law,  wrongful dismissal litigation

Court of Appeal upholds decision granting employee notice period based on employment with predecessors


Time Published on May 15, 2015

Court of Appeal affirms that corporate reorganizations and transactions cannot defeat  employees' statutory entitlements on termination where there is a "sufficiently close relationship amongst the various companies".

Tag employment law,  employment standards,  wrongful dismissal litigation

Early Bird Registration Now Open: 16th Annual Employment Law Conference


Time Published on March 03, 2015

Early Bird registration now open for the 16th Annual Ontario Employment Law Conference in Mississauga.

Tag employment law,  human rights,  labour law,  occupational health and safety,  workers' compensation,  wrongful dismissal litigation

Federally Regulated Employees do not have Just Cause Protection


Time Published on February 18, 2015

A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated employees can be terminated without cause.

Tag employment standards,  wrongful dismissal litigation

Termination Clauses: A Cautionary Tale


Time Published on January 21, 2015

In cases dealing with particularly senior and specialized employees, significant notice periods may be awarded even for employees with short service. this is starkly illustrated by a recent case from the Ontario Superior Court.

Tag employment law,  general litigation,  wrongful dismissal litigation

If it Looks Like Theft and Quacks Like Theft…the Employer may Still pay


Time Published on September 09, 2014

While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

Tag employment law,  wrongful dismissal litigation

What’s cause got to do with it?


Time Published on July 08, 2014

Employers: Feel reassured, outrageous misconduct is still cause for summary dismissal.

Tag employment law,  wrongful dismissal litigation