Management Lawyers

Mitigation – A duty to act in your own professional interest

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. 

employment law,  wrongful dismissal litigation

Medical Evidence and Employee Absences

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.

employment standards,  human rights

Happy Holidays

Published on December 21, 2016

Happy Holidays from all of us at Stringer LLP.

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

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

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.

occupational health and safety

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

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.

immigration

Landon Young named to the Best Lawyers in Canada 2017 list

Published on October 17, 2016

We are proud to announce that our Managing Partner, Landon Young, has been selected again by his peers to the Best Lawyers in Canada 2017 list.

stringer llp

Supreme Court Decision May Protect Defendants Charged with OHSA Offences from Unreasonable Delay

Published on September 14, 2016

A recent decision from the Supreme Court of Canada could have the effect of allowing corporations charged under the OHSA to seek remedies when a trial is unreasonably delayed in a considerably broader swath of cases.

occupational health and safety

AODA Customer Service Standard Changed July 1

Published on July 22, 2016

Welcome back from your early summer vacation - Changes to the Customer Service Standard under the AODA came into effect on July 1. Employers must revisit their Customer Service Standard policies and procedures to ensure they are compliant with these changes.

aoda

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

Published on June 22, 2016

When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee? In Fernandes v. Peel Educational, the Ontario Superior Court of Justice and the Ontario Court of Appeal were both asked to determine if a teacher’s misconduct gave rise to just cause for termination.  They came to very different conclusions.

employment law,  employment litigation,  wrongful dismissal litigation

Putting on the Brakes: The Limits of the Common Employer Doctrine

Published on June 10, 2016

Many businesses and organizations now consist of multiple, separate corporations, organized for tax, liability, and other legitimate commercial purposes.  Although in some contexts such structures prevent any liability from flowing between the constituent elements, in wrongful dismissal cases such a structure can often come under attack, as plaintiffs attempt to draw unrelated elements of the same organization into litigation to access assets or because of confusion over the correct party to name.

employment law

After the Accident: Pitfalls to Avoid for Employers after Workplace Accidents

Published on May 27, 2016

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy.  The Occupational Health and Safety Act requires that these parties take positive actions immediately from the time that an accident occurs.  These actions can have important implications for later legal proceedings.  Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

occupational health and safety

It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process

Published on May 16, 2016

A recent decision of the Ontario Superior Court addresses the limits on the employer’s procedural duties in the accommodation process with respect to an employee on a long-term absence from work due to disability.

human rights

Ryan Conlin Speaking on OHS in the Daily Commercial News

Published on May 06, 2016

Read the Daily Commercial News's report on Ryan Conlin's presentation at this year's Partners in Prevention occupational health and safety conference held on April 26. 

occupational health and safety

More Time, More Money: New, Unique Employment Standards Act Leaves Proposed by Legislature

Published on May 03, 2016

There are currently two Bills before the Ontario legislature which would designate new leaves under the Employment Standards Act, 2000.  Outside of introducing the new leaves and obligations on employers, these Bills could be the canary in the coalmine for further extensive increases to leave entitlements under the Employment Standards Act, 2000.