Simon published an article at First Reference Blog on the recent 3.5 year criminal sentence handed down to a Project Manager arising from violations of the health and safety provisions of the Criminal Code. A summary of this groundbreaking decision, which is under appeal, can be found here.
Simon published another article on First Reference Blog examining a recent decision that explains when an Employer can demand an Independent Medical Exam during the accommodation process. The test advanced by the Tribunal is one based on “reasonableness”. A link to this article entitled “To IME or not To IME, This is the Question”, can…
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.
Simon published another article on First Reference Blog exploring a recent Human Rights Tribunal of Ontario case where a small farm terminated two employees who wanted to take a day off work for a religious observance. The article entitled, “HRTO concludes teenage Mennonites discriminated against when fired for observing a religious holiday” can be found…
Simon published another article on First Reference Blog entitled “Poor drafting leads to finding of fixed term contract” about a recent B.C. Supreme Court’s finding that an employer had agreed to a 3 year fixed term contract and owed damages for the balance of the contract for the early termination of the contract. A link…
Simon published another article on First Reference Blog. The article entitled “OLRB rules that sleeping on the job does not constitute ‘intentional misconduct’ under ESA”, explores a recent decision from the Ontario Labour Relations Board that found that an employee’s repeated sleeping on the job did not disentitle him to statutory termination pay under the…
Simon was interviewed by National Public Radio (“NPR”) in the United States for a National Radio Segment on Uber Drivers and whether they could be considered employees, dependent contractors or employees. A link to this radio segment that was broadcast on NPR’s national morning news can be found here.
Simon published another article on First Reference Blog entitled, “Arbitrator Rules Employer Presentation not Discriminatory or Anti-Union”. This article examines an Arbitrator’s decision to dismiss a grievance alleging that an employer presentation was both discriminatory and anti-union on the basis that the Union had failed to prove any harm. A link to the article can…
Simon published another article on First Reference Blog on a recent court case that examined the potential liability arising from the termination of a short service employee who alleged he was bound by a 5-year fixed term contract. The case also discusses contract formation and a copy of the article can be found here.
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.