Author Archive - Stringer LLP

Stringer LLP is a leader in Canadian HR law. For over 50 years, they have taken a client-centered approach to responsive service, representing employers with labour relations and employment problems. Their firm’s practice covers a broad spectrum of HR law, including employment law, occupational health & safety, labour relations and arbitration, human rights, workers’ compensation, pay equity and corporate immigration, as well as issues under the Accessibility for Ontarians with Disabilities Act. They also provide training, seminars and conferences on the above topics. Read more

A wrongful dismissal time warp – When is two years really six?

December 23, 2019 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Perhaps, when an ex-employee takes six years to “discover” that they were wrongfully dismissed.

employment law, Limitations Act, termination, two-year limitation period, wrongful dismissal

Embracing the #MeToo movement

October 29, 2019 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

employment law, injury to dignity, sexual harassment, sexual harassment in the workplace, sexually harassed, workplace harassment policy

Financial disclosure required for sentencing only in exceptional circumstances

August 27, 2019 Stringer LLP Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

A recent decision from the Ontario Court of Justice suggests that extraordinary circumstances are required in order for a defendant to be compelled to produce financial documents to the Crown for the purposes of a sentencing hearing.

employment law, financial circumstances, financial disclosure, sentencing hearing

Court rejects Ministry of Labour’s attempt to assume breach of OHSA in face of strong safety program

June 25, 2019 Stringer LLP Health and Safety, Human Resources, 1

A recent case goes to show that a failure by the Crown to show that an accident resulted from a breach of the Act, combined with a strong employer safety program, can result in an acquittal.

breach of the safety rules, employment law, Health and Safety program, health and safety system, safety program, safety systems, Workplace accident

Can a corporate director face a personal injury suit for a workplace accident? Alberta Court of Appeal says yes!

May 28, 2019 Stringer LLP Health and Safety, Human Resources, Payroll, Wages and Compensation, 0

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system. However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors.

director immunity, director liability, employment law, personal liability, workers compensation

Has BC Court opened the door to more court claims of harassment?

March 29, 2019 Stringer LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.

court claims of harassment, discrimination

Legalization and the workplace: Your questions answered!

March 8, 2019 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

On October 17, the federal government legalized recreational marijuana use. At the same time, Ontario’s provincial government enacted the Cannabis Act and amended related legislation. Employers are rightly concerned about the possible impacts on the workplace.

Cannabis Act, drug and alcohol policy, drugs and alcohol in the workplace, employment law, legalization of recreational marijuana, marijuana, marijuana at work, marijuana in the workplace, medical cannabis, medical marijuana

How to LOSE a union application for certification

February 25, 2019 Stringer LLP Human Resources, Union Relations

The prospect of becoming unionized is unwelcome for many employers. Along with increased costs and workplace rules, an us-vs-them mentality often creeps in making it difficult to manage your business. So how do you deal with a union application for certification?

certification, Labour Relations Act, unfair labour practices, union certification process, union organizing drive, Unions

Never too late: Court rejects employee’s attempt to avoid liability for theft

December 19, 2018 Stringer LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

The case discussed in this article is both an encouraging sign for employers who are victims of employee theft, as well as a warning.

bullying, embezzlement, employment law, harassment, Limitations Act, separation agreement, theft

Can an employer have a zero tolerance policy for marijuana? The Human Rights Tribunal weighs in

September 28, 2018 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources

In one of the first cases to consider this issue the Ontario Human Rights Tribunal was faced with the question of whether a “zero tolerance” policy for marijuana consumption discriminated against a worker in a safety sensitive position who wanted to consume marijuana at work for medicinal purposes.

cannabis in the workplace, employment law, legalized marijuana, marijuana in the workplace, policy for marijuana, recreational marijuana, safety sensitive positions

Court disregards release where settlement “unconscionable”

August 29, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits

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.

appealing LTD claim, best practices, Disability benefits, employment standards act, imbalance of bargaining power, Long-term disability, LTD, Ontario Superior Court, Swampillai v. Royal & Sun Alliance Insurance Company of Canada, test for unconscionability, vulnerable employee

Ontario Court of Appeal finds clarity in termination clause

July 25, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

The Court’s reversal in this case, while favourable to employers, emphasizes the occasional unpredictability of the law in this area. It is prudent to periodically review your contractual termination provisions for new hires.

common-law entitlements, employment law, pay in lieu of notice, statutory entitlements, Termination clause, termination notice

Off-duty drunk driving not just cause for termination – Even for a firefighter

June 27, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

In Klonteig v West Kelowna (District), 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.

bad faith damages, BC Superior Court, degree of misconduct, drunk driving, just cause, Longteig v West Kelowna (District), off-duty conduct, principle of proportionality, termination, termination of employment, termination without cause

Revoking telecommute agreement a constructive dismissal

March 1, 2018 Stringer LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

Employers should seek legal advice to ensure they are not altering essential terms and conditions of employment in attempts to improve performance. This is especially the case when dealing with long term employees who have never received negative feedback on performance or been subject to performance management.

breach of employment contract, employment contract, employment law, telecommuting, terms and conditions of employment, work from home, work from home arrangements, working from home

Consideration: What’s good for the goose is good for the gander

February 6, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

The facts of this case are extremely unique. We more commonly see the courts using the doctrine of consideration to deny employers the ability to enforce restrictive termination clauses imposed after employees have already commenced working. However, the ruling gives employers hope that, if the circumstances were sufficiently extreme and an employee’s behavior egregious, the courts will apply the doctrine of consideration to an employer’s advantage.

consideration, employment agreements, employment contracts, employment law, fixed-term employment contract