Court Limits Bonus Entitlement During Notice Period


Time Published on September 22, 2017 User Stringer LLP Admin

So when is an employee entitled to a bonus during the reasonable notice period? 

Tag 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


Time Published on September 19, 2017 User Stringer LLP Admin

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". 

Tag employment law,  occupational health and safety

Court Rules that Rejected Separation Packages are to Remain Confidential


Time Published on September 05, 2017 User Stringer LLP Admin

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. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt


Time Published on July 07, 2017 User Stringer LLP Admin

A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause


Time Published on June 19, 2017 User Stringer LLP Admin

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. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Bad facts make bad law (for employers): Court recognizes new tort of harassment


Time Published on June 14, 2017 User Stringer LLP Admin

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Mitigating by returning to work: it depends on the circumstances


Time Published on June 02, 2017 User Stringer LLP Admin

When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be obligated to accept continued employment with the company that terminated them to mitigate their losses. A recent Court of Appeal decision reminds us, however, that an employer’s offer must meet certain conditions or else the employee may refuse to accept it. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Generous termination clauses: Think twice before making promises


Time Published on April 28, 2017 User Stringer LLP Admin

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Using independent contractor not a “get out of jail free” card


Time Published on April 12, 2017 User Stringer LLP Admin

A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

Tag employment law

Constructive dismissal? A question of interpretation


Time Published on April 05, 2017 User Stringer LLP Admin

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

The Accidental Termination


Time Published on March 15, 2017 User Stringer LLP Admin

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 User Stringer LLP Admin

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 Admin

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 User Stringer LLP Admin

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 User Stringer LLP Admin

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

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