wrongful termination

Can behaviours associated with a sex addiction merit employee dismissal?

September 30, 2019 Devry Smith Frank LLP Employee Relations, Human Resources, Human Rights, 0

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

disability accommodation, duty to accommodate, employment law, sex addiction, wrongful dismissal claim, wrongful termination

Can an employee take back a resignation even if the employer accepted it?

July 26, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.

contract law, employment contract, employment law, right to resign, wrongful termination

Calculating severance: What do the courts say?

May 24, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

employment law, notice period, pay in lieu of notice of termination, severance, termination and severance pay, termination notice, termination pay, wrongful dismissal, wrongful termination

If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.

March 1, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination, as was the case with Ruston v. Keddco Mfg.

Court of Appeal, employment law, notice period, Ruston v. Keddco Mfg, wrongful dismissal, wrongful dismissal damages, wrongful termination

“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

January 21, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 1

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

breach of fiduciary duty, employment law, fiduciary duty, soliciting customers, termination, wrongful dismissal, wrongful termination

The official word on unofficial bonus policies

November 14, 2017 Rubin Thomlinson LLP HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

On September 25, 2017, the Ontario Superior Court of Justice released its decision Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529 (“Nordstrong”), where the Court dealt with a wrongful termination case, and issued a noteworthy determination on an employee’s bonus entitlements.

Bonus entitlement on termination, bonus policies, employment law, post-termination bonus, termination, wrongful termination

Three popular articles this week on HRinfodesk

August 17, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: a worker’s entitlement for chronic pain disability, corporate income tax changes to curb income sprinkling issues and an employee’s rejected appeal for dismissal of his wrongful termination action.

corporate income tax, employment law, Ontario Workplace Safety and Insurance Appeals Tribunal, termination, wrongful termination

Only one week left to register for the Ontario Employment Law Conference #learnthelatest

June 13, 2017 Fred Stewart Accessibility Standards, Conferences, Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Health and Safety, HR and Technology, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Standard for Employment

Learn the Latest at the Ontario Employment Law Conference

The 18th annual Ontario Employment Law Conference will be taking place on Tuesday, June 20, 2017 at the Corporate Event Center at CHSI in Mississauga. We are very much looking forward to hearing from Ontario Minister of Labour Kevin Flynn and the employment and labour law experts from Stringer LLP! If you would like to register for the conference but haven’t done so yet, registration will be closing on Friday, June 16, 2017.

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Just cause ‘exaggerated, incorrect and unsubstantiated’

June 11, 2015 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

A legal aid lawyer in Newfoundland and Labrador knew his rights when he was suspended indefinitely pending an investigation into alleged negligence, incompetence and dishonesty…

constructively dismissed, Disciplinary measures, discipline, employment law, incompetence, just cause, management of Legal Aid, suspended indefinitely pending an investigation, suspension, terminated for cause, termination, terminations, wrongful termination

Managing difficult terminations – Learn the latest

May 4, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Conferences, Employment/Labour Standards, Human Resources

When it comes to employee termination, it is important to follow standardized procedures and to establish this process well before the need to fire an employee presents itself. Unfortunately…

downsizing, employee termination, employment law, First reference, just cause, liability, Managing Difficult Terminations, manner of termination, standardized procedures, Stringer Brisbin Humphrey, terminating for poor performance, Termination process, wrongful termination