Management Lawyers

Court Disregards Release where Settlement “Unconscionable”

Published on August 29, 2018

Stringer LLP

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended. 

disability benefits,  employment law,  employment litigation,  wrongful dismissal litigation

Ontario Court of Appeal Finds Clarity in Termination Clause

Published on July 25, 2018

Stringer LLP

The Ontario Court of Appeal recently overruled a decision regarding a termination clause, finding that the provision clearly and unambiguously ousted the presumption of common law reasonable notice.

employment law,  employment litigation,  employment standards,  wrongful dismissal litigation

Suspensions: Caution Required

Published on July 18, 2018

Stringer LLP

A recent case from the Ontario Court of Appeal highlights the risks of using suspensions, particularly unpaid ones, but also provides insight as to how employers may implement them.

constructive dismissal,  employment litigation,  wrongful dismissal litigation

Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice

Published on July 11, 2018

Stringer LLP

In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee’s employment, without providing consideration, so long as they take appropriate steps to provide reasonable notice of the change coupled with notice that employment under current terms would terminate at the end of that notice period.

employment law,  employment litigation,  wrongful dismissal litigation

Off-Duty Drunk Driving Not Just Cause for Termination – Even for a Firefighter

Published on June 27, 2018

Stringer LLP

In a recent decision the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

employment law,  employment litigation,  wrongful dismissal litigation

Standard Release Language May Not Protect Against Sexual Harassment Allegations

Published on June 25, 2018

Stringer LLP

The Ontario Superior Court recently found that sexual harassment does not necessarily “arise out of” the employment relationship, even when it is perpetrated by another employee at the workplace. As such, releases purporting to settle all claims arising out of, or in any way connected to, an employment relationship may not effectively bar subsequent sexual harassment claims. 

employment litigation,  general litigation

Shifting Sands: Ontario Court of Appeal Upholds Termination Clause

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

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

Consideration: What’s Good for the Goose is Good for the Gander

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

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

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

Ambiguity Killed the Termination Clause

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

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

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 Rules that Rejected Separation Packages are to Remain Confidential

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