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Searching Content indexed under Employment Litigation/ Tribunals by Stringer LLP ordered by Published Date Descending.
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1
Unretiring Reasonable Notice: ONCA Confirms 24-Month Notice Cap
Employers have noted with alarm that judicial decisions regarding employee entitlements on termination have grown in leaps and bounds. Employers often applied "one month per year" as a rule of thumb
Canada
10 Jul 2019
2
Has BC Court Opened The Door To More Court Claims Of Harassment?
Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.
Canada
26 Apr 2019
3
The Fine Line Between "Owner" And "Constructor" - Court Comments On The Legal Role Of An "Owner" On A Construction Project
One of the most complex issues under Ontario OH&S law relates to determining which party on a construction project is the "constructor" within the meaning of the OHSA.
Canada
18 Feb 2019
4
Mud In The Water: Divisional Court Holds Limiting Language Required To Displace Presumption Of Reasonable Notice
It is becoming increasingly difficult for employers to understand what language is required in order for a termination clause to be enforceable.
Canada
27 Dec 2018
5
Never Too Late: Court Rejects Employee's Attempt To Avoid Liability For Theft
What options are available to an employer who, after signing a mutual release releasing an employee from liability, finds out that the employee embezzled a large amount of money?
Canada
4 Dec 2018
6
Reporting Bad Conduct To Regulator Defamed Ex-Employee
The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with an industry regulator.
Canada
3 Dec 2018
7
Ontario Court Confirms That Unwanted Management Is Not A Constructive Dismissal
An increasingly common theme in wrongful dismissal actions are employee claims that an employer's allegedly heavy-handed and insensitive management constitutes a constructive dismissal.
Canada
11 Nov 2018
8
Unsafe On The Roads, Unsafe In The Warehouse: Workers Convicted Of "Distracted" Operation
A recent case from the Ontario Court of Justice suggests that workplace policies can be a significant component in determining what constitutes unsafe conduct under the Occupational Health and Safety Act.
Canada
20 Jun 2018
9
Shifting Sands: Ontario Court Of Appeal Upholds Termination Clause
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...
Canada
8 Mar 2018
10
Ambiguity Killed The Termination Clause
The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity.
Canada
24 Nov 2017
11
Court Rules That Rejected Separation Packages Are To Remain Confidential
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.
Canada
18 Sep 2017
12
Avoid Procedural Missteps When Accommodating Mental Disabilities In The Workplace
The Human Rights Tribunal of Ontario has heard many cases brought by injured workers against the Workplace Safety and Insurance Board ("WSIB").
Canada
1 Sep 2017
13
Can A Defendant Be Charged Criminally After Pleading Guilty To OHSA Charges?
One of the most interesting questions that arose after the Bill C-45 amendments to the Criminal Code, is whether a defendant could face criminal charges after pleading guilty or being convicted of charges under provincial OH&S legislation.
Canada
1 Sep 2017
14
"Court Comments On When Employers Can Ask For An Independent Medical Examination" Is Locked Court Comments On When Employers Can Ask For An Independent Medical Examination
Ontario's Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination ("IME") in certain circumstances...
Canada
22 Aug 2017
15
Honesty Is The Best Policy - Court Of Appeal Upholds Dishonest Employee's Dismissal For Just Cause
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...
Canada
29 Jun 2017
16
Bad Facts Make Bad Law (For Employers): Court Recognizes New Tort Of Harassment
The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.
Canada
29 Jun 2017
17
Private Member's Bill Seeks Union-Favourable Amendments, Without Waiting For The Changing Workplaces Review
Although the final report from The Changing Workplaces Review is not expected until later this year, the Ontario New Democratic Party ("NDP") introduced a private member bill on April 4, 2017...
Canada
16 May 2017
18
Using Independent Contractor Not A "Get Out Of Jail Free" Card
A business' obligations to its workers will depend on whether the workers are employees or independent contractors.
Canada
26 Apr 2017
19
Termination Clause Update
Employers are increasingly using termination of employment clauses in employment offers and contracts to reduce the liability they face when terminating employees.
Canada
5 Apr 2017
20
The Accident Termination
A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees.
Canada
24 Mar 2017
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