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

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

When a resignation isn’t really a resignation


Time Published on January 24, 2017 User Stringer LLP Admin

How do you know when an employee has quit her job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee’s apparent resignation at face value.  

Tag employment law,  wrongful dismissal litigation

Mitigation – A duty to act in your own professional interest


Time Published on December 30, 2016 User Stringer LLP Admin

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. 

Tag employment law,  wrongful dismissal litigation

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

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