HR Blog
Then Now Next: Ontario Government To Introduce Pay Transparency Legislation
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Published on March 06, 2018 | ![]() |
Stringer LLP |
Premier Kathleen Wynne announced this morning that the Ontario government would introduce new legislation aimed at increasing pay transparency as part of a broader strategy to advance women’s economic empowerment entitled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”.
Shifting Sands: Ontario Court of Appeal Upholds Termination Clause
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Published on February 28, 2018 | ![]() |
Stringer LLP |
Employers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a recent decision by Ontario’s top court down on the positive side of the ledger.
employment law, employment litigation, wrongful dismissal litigation
Revoking Telecommute Agreement A Constructive Dismissal
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Published on February 20, 2018 | ![]() |
Stringer LLP |
The Ontario Superior Court recently found that an employee had been constructively dismissed when her employer reneged on its promise that she could work from home three days per week.
employment law, employment litigation, wrongful dismissal litigation
Termination Clauses: Clearly Restrictive Language Necessary for Enforceability
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Published on February 15, 2018 | ![]() |
Stringer LLP |
The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable.
employment law, employment standards
Consideration: What’s Good for the Goose is Good for the Gander
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Published on January 31, 2018 | ![]() |
Stringer LLP |
In a unique set of circumstances, the Ontario Superior Court recently found that changes to an employment contract which benefited an employee were void because the employer did not receive consideration.
employment law, employment litigation, wrongful dismissal litigation
Working Notice Inappropriate for Employees Who Cannot Work
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Published on December 19, 2017 |
The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.
employment law, employment litigation, wrongful dismissal litigation
No Bonus Entitlement - “Active Employment” Requirement did not Violate ESA
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Published on December 04, 2017 |
The Ontario Court of Appeal recently denied entitlement to bonus payout to an employee who quit his job. The Court found that the language of the bonus plan, requiring “active employment” as a condition to receive a payout, did not violate the Employment Standards Act.
employment law, employment litigation, employment standards
Change is Coming: Bill 148: Fair Workplaces, Better Jobs Act Passes Third Reading
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Published on November 22, 2017 |
Bill 148, the Fair Workplaces, Better Jobs Act, passed its third and final reading today.
Ambiguity Killed the Termination Clause
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Published on November 20, 2017 |
The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity.
employment law, employment litigation, wrongful dismissal litigation
Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice
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Published on November 16, 2017 |
The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.
employment law, employment litigation, wrongful dismissal litigation
Court Limits Bonus Entitlement During Notice Period
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Published on September 22, 2017 |
So when is an employee entitled to a bonus during the reasonable notice period?
employment law, employment litigation, wrongful dismissal litigation
Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace
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Published on September 19, 2017 |
In a recent decision, the Ontario Court of Appeal upheld a lower court’s ruling that a citizen’s harassing behaviour toward members of city council did not fall within the ambit of the Occupational Health and Safety Act because it did not occur at the "workplace".
employment law, occupational health and safety
Court Rules that Rejected Separation Packages are to Remain Confidential
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Published on September 05, 2017 |
It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in exchange for a signed release from liability. But if the employee rejects the package, the employer may not be allowed to rely on the offer during any subsequent litigation.
employment law, employment litigation, wrongful dismissal litigation
Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt
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Published on July 07, 2017 |
A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages.
employment law, employment litigation, wrongful dismissal litigation
Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause
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Published on June 19, 2017 |
Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying, cheating, or stealing. Just cause is a very high standard. Often, instead of relying on misconduct or performance issues, employers elect to terminate problem employees without cause.
employment law, employment litigation, wrongful dismissal litigation

Recent Blog
- Working Notice Inappropriate for Employees Who Cannot Work
- No Bonus Entitlement - “Active Employment” Requirement did not Violate ESA
- Stringer LLP - Prize in Labour Law
- Change is Coming: Bill 148: Fair Workplaces, Better Jobs Act Passes Third Reading
- Ambiguity Killed the Termination Clause
- Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice
- Preferential Treatment for Employees with Active WSIB Claims not Discriminatory
- Overtime Averaging: No Notice, No Harm, No Foul
- Court Gives Guidance as to When OHSA Prosecutions May Lead to Jail Time
- Court Limits Bonus Entitlement During Notice Period
- Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace
- Court Rules that Rejected Separation Packages are to Remain Confidential
- Can a Defendant be Charged Criminally After Pleading Guilty to OHSA Charges?
- Avoid Procedural Missteps when Accommodating Mental Disabilities in the Workplace
- British Columbia to Reinstate Human Rights Commission
- Court Comments on when Employers can ask for an Independent Medical Examination
- Smoked Out: Employer Convicted When Employee Smokes in Truck
- Court Awards Significant Costs Award Against Thieving Employee
- Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt
- Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause
- Bad facts make bad law (for employers): Court recognizes new tort of harassment
- Mitigating by returning to work: it depends on the circumstances
- Is it work-related? Novel workers’ compensation decisions deal with harassment and assault
- Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review
- Generous termination clauses: Think twice before making promises
- May 3 - Ryan and Jeremy to Present on Marijuana in the Workplace at WSPS Conference
- Using independent contractor not a “get out of jail free” card
- Constructive dismissal? A question of interpretation
- March 31 - Last day for early bird registration
- The Accidental Termination
- Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach
- Probationary clauses: A double-edged sword for employers
- No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal
- Alberta court rules on the limits of good faith in the performance of employment contracts
- When a resignation isn’t really a resignation
- “Uncommon” employers – Corporate Structure vs Employment Obligations
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