Simon published another article on First Reference Blog entitled “Arbitrator upholds just cause termination in part on negative Facebook post”. In this case, the employee posted extremely negative comments about his Manager and Employer after he was terminated for just cause. The Arbitrator upheld his termination and commented that the negative comments in his Facebook page only reinforced his negative view of the employer justifying the termination. This case illustrates how dangerous an employee’s comments on social media can be and the need for employers to implement non-disparagement clauses in their severance letters. A link to the article can be found here.
July 18, 2017
Simon wrote another article on First Reference entitled “Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam”. This blog explores the recent Ontario Divisional Court decision in Bottiglia v. Ottawa Catholic School Board 2017 ONSC 2417 where the court held that an employer could demand an Independent Medical Exam…
November 20, 2015
Simon published an article on a recent Ontario Divisional Court case that considered the enforceability of a termination clause in the federal jurisdiction. Specifically, the case explored whether or not the termination clause violated the Canada Labour Code. A link to the comment can be found here.
September 15, 2016
Simon published another article on First Reference Blog entitled “Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal”. The case examines how an teacher was awarded a 12 month package, long term disability benefits for depression that arose after the termination and over…
April 15, 2014
Simon published another articled on the Ministry of Labour’s Employment Standards Act Blitzes for 2014-15. A copy of the article can be found here.
May 12, 2016
Simon published another blog post to First Reference Blogs. In this article Simon provided an update on the Ministry of Labour’s OHSA and ESA blitzes that target specific industries and parts of the province to ensure compliance with the Occupational Health and Safety Act and the Employment Standards Act. A link to the comment can…
December 19, 2014
Simon contributed another article to First Reference Blog on the top five (5) employment law trends of the year. A copy of this article can be found here.