Simon published another article on First Reference Blog. The article entitled “Employee Termination Deemed Reprisal” which explored the prohibition against terminating or reprising against employees who exercise their right to refuse unsafe work under the provisions of the Ontario Occupational Health and Safety Act. In the article Simon considers the recent decision of Podobnik v. Society of St. Vincent de Paul Stores (Ottawa) Inc. 2016 where the Ontario Labour Relations Board held that the company’s decision to terminate an employee was not for a legitimate restructuring. Rather, it was directly linked to her exercising her right to refuse unsafe work and it constituted a reprisal against her for exercising this right. A link to the decision can be found here.
January 15, 2016
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.
March 17, 2016
Simon published another article to First Reference entitled: Ontario Human Rights Commission released updated policy on “preventing discrimination based on Creed”. This article explores the Ontario Human Rights Commission’s recent 173 page report that offers guidance on how businesses and employers can avoid committing discrimination on the basis of creed. It is timely given the…
November 20, 2012
Simon added another blog post to First Reference on the issue of a failed employee claim of constructive dismissal on the basis of harassment and religious discrimination. A copy of this article can be found here.
March 19, 2013
Simon published an article on First Reference Blog on a recent OLRB decision involving a company’s breach of the Bill amendments to the Occupational Health & Safety Act. 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…
December 18, 2013
Simon contributed another article to First Reference entitled, “OLRB Upholds MOL Finding that a Vehicle is a Workplace for the purposes of the OHSA”. A copy of this article can be found here.