Ontario Court of Appeal

The misconceptions of suspensions in non-unionized workplaces

January 28, 2013 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Union Relations, Wages and Compensation, 1

Perhaps because of the increased press directed to union conflicts, or perhaps due solely to a misunderstanding of the employment relationship, many HR professionals perceive that they have the right to suspend an employee based on some perceived or actual misconduct by that employee. However, while most union contracts do provide the right of suspension to the employer, there is no similar right available at common law.

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Court of Appeal protects manager from personal liability on employee termination

January 8, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, 0

A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision,…

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Refreshing statement on employers’ OHS due diligence obligations

December 4, 2012 Stringer LLP Health and Safety, Human Resources, 0

As an Ontario employer, it is sometimes hard to shake the impression the standard of OH&S due diligence applied by the courts is so high that defendants are guilty until proven innocent. Our court of appeal has found employers to be “the virtual insurers” of employee health and safety.

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Slaw: Employee terminated for theft still entitled to bonus

May 10, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

The Ontario Court of Appeal recently confirmed that when an employee was terminated for stealing from his employer, he was still entitled to his annual bonus because it was clearly an integral part of his contract, even if he had breached his fiduciary duty.

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Motions for judgment in wrongful dismissal − the Court of Appeal’s latest statement

July 5, 2011 Earl Altman Employment/Labour Standards, Human Resources

One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.

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Ontario Court of Appeal deals with stock grants and termination

May 3, 2011 Earl Altman Employment/Labour Standards, Human Resources

Long gone are the days when employees would receive pay cheques at the end of the week and possibly a Christmas bonus each year. Compensation for employees, particularly senior employees, has become increasingly complex as employers seek to incent specific behaviours among their executives. In addition, changing tax laws and the wild gyrations of the stock markets have made stock options more difficult to administer and less appealing to employees.

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Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

September 7, 2010 Earl Altman Employment/Labour Standards, Human Resources

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.