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 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

Court Awards Significant Costs Award Against Thieving Employee


Time Published on July 21, 2017 User Stringer LLP Admin

A recent cost decision from the Ontario Superior Court of Justice suggests that employers who successfully defend themselves from a wrongful dismissal action by asserting just cause may be entitled to recoup a significant amount of their legal costs. 

Tag employment litigation,  general 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

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

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

“Uncommon” employers – Corporate Structure vs Employment Obligations


Time Published on January 11, 2017 User Stringer LLP Admin

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

Employers Need “Reasonable Basis” to Allege Just Cause


Time Published on November 30, 2016 User Stringer LLP Admin

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

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


Time Published on June 22, 2016 User Stringer LLP Admin

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.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Fixed-Term Fiasco: Employee Profits off of Termination of Term Contract


Time Published on April 26, 2016 User Stringer LLP Admin

Canadian employees are presumptively entitled to “reasonable notice” of termination.  Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period. However, the law is very different with respect to fixed-term contracts.  The catch is that absent contractual language limiting the employee’s entitlements on early termination, the employee is entitled to pay in lieu of the balance of the fixed term.

Tag employment law,  employment litigation,  wrongful dismissal litigation

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