ArticleAmbiguity Killed The Termination ClauseThe Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity.CanadaEmployment and HRStringer LLP
ArticleCourt Confirms Signaling Does Not Have To Be A Worker's Only JobA critical element of the health and safety regime in any workplace that employs heavy machinery is the presence of signalers. Mandated by regulation, the employment of effective signalers...CanadaEmployment and HRStringer LLP
ArticleEmployers Need "Reasonable Basis" To Allege Just CauseEmployers be warned - engaging in high-handed, bullying behaviour when dismissing an employee may be a costly strategy.CanadaEmployment and HRStringer LLP
ArticleHas 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.CanadaEmployment and HRStringer LLP
ArticleNo "Passing The Torch": Only Unions And Employers (Not Grievors) May Bring Judicial Review ApplicationsGrievance arbitration is intended to be an efficient and cost-effective means to resolve workplace disputes without resort to costly litigation in the courts. When an arbitrator issues an awardCanadaEmployment and HRStringer LLP
ArticleShifting Sands: Ontario Court Of Appeal Upholds Termination ClauseEmployers, 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...CanadaEmployment and HRStringer LLP
ArticleThe Accident TerminationA recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees.CanadaEmployment and HRStringer LLP
ArticleBC Labour Relations Board Waters Down Irving PulpEmployers are still wrestling with the consequences of the Supreme Court’s landmark decision on the random drug and alcohol testing of employees in Irving Pulp.CanadaEmployment and HRStringer LLP
ArticleBe Prepared To Pay: Massive Increases To Fines Under The OHSA And Other Important Changes ComingThe Ontario Government has made a number of significant changes to labour and employment legislation over the last few months.CanadaEmployment and HRStringer LLP
ArticleCourt Rejects Crown’s Bid To Use General Duty Clause To Impose More Stringent Health And Safety RequirementsWhile the scope of the Occupational Health and Safety Act is broad, it is not limitless. CanadaEmployment and HRStringer LLP
ArticleIf It Looks Like Theft And Quacks Like Theft…The Employer May Still PayWhile employee theft is frequently grounds for termination, shades of grey do appear in the case law.CanadaEmployment and HRStringer LLP
ArticleOff-Duty Drunk Driving Not Just Cause For Termination – Even For A FirefighterIn 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...CanadaEmployment and HRStringer LLP
ArticleWhat Is A Reprisal Under The Human Rights Code?A recent case from Ontario’s Human Rights Tribunal is a stark reminder of how important record keeping can be when managing employee performance.CanadaEmployment and HRStringer LLP
ArticleRe-Balancing The Express Entry System – IRCC Puts The Focus On Human Capital, Skills And ExperienceOn November 19, 2016, Immigration, Refugee and Citizenship Canada ("IRCC") announced changes to the Express Entry system designed to put greater weight on human capital, skills, and experience.CanadaImmigrationStringer LLP
ArticleTurning Over A New Leave: ESA Amendments Introduce New, Significant Categories Of Leaves2014 saw the introduction of three new leaves protected under the Employment Standards Act, 2000.CanadaEmployment and HRStringer LLP
ArticleFailing To Maintain Truck Results In Criminal Negligence Conviction Against SupervisorCan a supervisor be found criminally negligent when he knowingly allows a worker to operate equipment that a worker under his charge suggests is potentially dangerous?CanadaCriminal LawStringer LLP
ArticleA Wrongful Dismissal Time Warp – When Is Two Years Really Six?Perhaps, when an ex-employee takes six years to "discover" that they were wrongfully dismissed.CanadaEmployment and HRStringer LLP
ArticleBack To Basics: HRTO Follows Figliola And Refuses To Allow Relitigation Of WSIB ClaimIn 2011, the Supreme Court of Canada released its decision in British Columbia (Workers’ Compensation Board) v Figliola.CanadaEmployment and HRStringer LLP
ArticleDoes Human Rights Legislation Apply To Job Ads On Facebook?Technological advancements frequently outpace the law's ability to respond to the challenges they create. With the click of a button, employers can now reach hundreds or even thousands of potentialCanadaEmployment and HRStringer LLP
ArticleShift-Shopping Endorsement Upheld By Alberta CourtThe Alberta Court of Queen’s bench recently reviewed the arbitrator’s decision in SMS Equipment.CanadaEmployment and HRStringer LLP