Constructive dismissal? A question of interpretation

Time Published on April 05, 2017

Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe him? Perhaps not.

Tag constructive dismissal,  employment law

March 31 - Last day for early bird registration

Time Published on March 31, 2017

March 31 is the last day for early bird registration at this year's Ontario Employment Law Conference.

Tag stringer llp announcements

The Accidental Termination

Time Published on March 15, 2017

A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees.

Tag employment law

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

Time 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.

Tag employment law,  employment litigation,  human rights,  labour law

Probationary clauses: A double-edged sword for employers

Time Published on February 17, 2017 User 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.

Tag employment law,  employment standards,  wrongful dismissal litigation

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

Time 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. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

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

Time 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

Tag employment law,  employment litigation,  wrongful dismissal litigation

When a resignation isn’t really a resignation

Time 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.  

Tag employment law,  wrongful dismissal litigation

“Uncommon” employers – Corporate Structure vs Employment Obligations

Time 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. 

Tag employment law,  employment litigation,  employment standards

Mitigation – A duty to act in your own professional interest

Time Published on December 30, 2016

The court ruled decisively that, when it comes to assessing re-training decisions and an employee's duty to mitigate, it is not appropriate to require a former employer to finance an employee's otherwise perfectly valid personal choice. 

Tag employment law,  wrongful dismissal litigation

Medical Evidence and Employee Absences

Time Published on December 23, 2016

A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work, but stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.

Tag employment standards,  human rights

Happy Holidays

Time Published on December 21, 2016

Happy Holidays from all of us at Stringer LLP.


Employers Need “Reasonable Basis” to Allege Just Cause

Time Published on November 30, 2016

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

Tag employment law,  employment litigation,  wrongful dismissal litigation

The Tail Wags the Dog: Federal Sector Employee Vetoes Employer`s Appointment of Investigator

Time Published on November 25, 2016

A recent case brought into question whether an employee objecting to the appointment of an investigator under the Canada Labour Code due to their perceived impartiality is under an onus to justify their position.

Tag occupational health and safety

Re-Balancing the Express Entry System – IRCC puts the focus on human capital, skills and experience

Time Published on November 21, 2016

On November 19, 2016, Immigration, Refugee and Citizenship Canada (“IRCC”) announced changes to the Express Entry system designed to put greater weight on human capital, skills, and experience.

Tag immigration