Office Holiday Parties - The Fine Print


Time Published on December 14, 2012

We've put together a few tips on enjoying your office party without facing lawsuits in the cold light of day.

Tag employment law,  general litigation,  human rights,  occupational health and safety

Director sentenced to jail time for failure to pay wages under the ESA


Time Published on November 19, 2012

In a recent decision, the Ontario Court of Justice sentenced the director of six Ontario companies, Steven Blondin, to 90 days in jail for failing to pay wages to employees.

Tag employment law,  employment standards

What mental capacity is required to sign a release?


Time Published on October 11, 2012

In a past Stringer Update, Releases Protect Employers from Human Rights Complaints, we emphasized the importance of having terminated employees sign a full and final release, as protection against a future human rights application. We highlighted the factors that the Human Rights Tribunal (the “Tribunal”) will consider when determining whether a release will be enforceable, which include (1) the actual language of the release, and (2) other factors including duress, fraudulent misrepresentation and the applicant’s capacity to understand the terms of the release (click here to read our Stringer Update).

In two recent decisions, the Tribunal addresses the issue of the requisite mental capacity necessary in order for a release to be enforceable.

Tag employment law,  human rights

Registration now Open for our 26th Annual Employers' Conference


Time Published on September 05, 2012

Don't Miss our 26th Annual Employers' Conference, Labour & Employment Law Update 2012. 

Tag aoda,  constitutional law,  employment law,  labour relations,  occupational health and safety,  wrongful dismissal litigation

When does a change in hours of work constitute a constructive dismissal?


Time Published on August 30, 2012

In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a proposed new written employment agreement. The employee currently worked 32 hours per week in a part-time position. The new written employment agreement provided that the employer had the right to require the employee to work up to 48 hours in any given week. The language of the agreement provided, “the employee shall recognize the absolute right given to the employe[r] under the Employment Standards Act of Ontario to schedule the employee to work up to 48 hours in any given week”

Tag constructive dismissal,  employment law,  employment standards

Serious Safety Violation is Not Just Cause


Time Published on August 17, 2012

In one recent case the Ontario Superior Court of Justice determined that a serious safety violation by a member of senior management did not represent just cause.

Tag employment law,  occupational health and safety,  wrongful dismissal litigation

ONCA Finds "Golden Parachute" Provision not Implicitly Subject to the Duty to Mitigate


Time Published on June 25, 2012

In a decision by a rare, five-judge panel, the Ontario Court of Appeal (ONCA) ruled that a specific notice provision in an employment contract was not implicitly subject to the duty to mitigate.

Tag employment law,  wrongful dismissal litigation

Court Strikes Down Release Signed on Termination


Time Published on June 18, 2012

Ontario's Superior Court of Justice recently struck down a release signed at a termination meeting. 

Tag employment law,  wrongful dismissal litigation

Minister Jason Kenney Announces changes to the Immigration System to Promote Canadian Labour Market


Time Published on April 30, 2012

The Ministry of Citizenship and Immigration Canada has made several announcements over the past couple weeks regarding proposed changes to our immigration system focused on Canadian labour market needs.

Tag employment law,  immigration

The Supreme Court to Lay Down the Law on Random Alcohol Testing


Time Published on April 03, 2012

The Supreme Court recently granted leave to appeal a decision regarding a random alcohol testing policy out of a paper mill near the City of Saint John in New Brunswick.

Tag employment law,  labour relations,  privacy

Proposed Family Caregiver Leave goes through Second Reading


Time Published on February 27, 2012

Bill 30, An Act to Amend the Employment Standards Act, 2000 in respect of family caregiver leave, went through its second reading last week. If passed, the bill will introduce a new unpaid leave of absence for up to eight weeks per year for employees who need to care for a sick or injured family member.

 

Tag employment law

Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties


Time Published on February 14, 2012

A recent decision, the Court of Appeal, Mady Development Corp. v. Rossetto, clarified an employee’s entitlement to bonuses who has breached their fiduciary duties to their employer.

Tag employment law,  fiduciary duties,  wrongful dismissal litigation

ONCA Upholds Brito but Quashes Punitive Award


Time Published on February 08, 2012

Brito Update-ONCA upholds damages for disability benefits in reasonable notice period, quashes punitive damages

Tag disability benefits,  employment law,  wrongful dismissal litigation

Taking a Hard Line on Termination Entitlements Ends Up Costing More


Time Published on January 09, 2012

Employers should be wary of taking unreasonable positions in an attempt to avoid paying an employee what they are likely entitled to.  This can end up being even more costly.

Tag employment law,  wrongful dismissal litigation

When is a lay-off actually a termination?


Time Published on December 14, 2011

Employers in Ontario must be cautious before implementing “temporary” layoffs.

Tag employment law,  wrongful dismissal litigation