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.
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September 17, 2014
Simon published an article on a recent HRTO decision whereby a company was found to have discriminated against a job candidate during the hiring process on the prohibited grounds of “race, colour and ethnic origin”. A copy of this article can be found here.
April 14, 2016
Simon published another article on First Reference Blogs entitled: “Small claims court rules termination clause that violates ESA in future is unenforceable”. Simon explores a recent Divisional Court of Ontario case upholding a decision from the Small Claims court which confirmed that if a termination clause could be non-compliant with the Ontario Employment Standards Act,…
December 2018
The Ontario Court of Appeal recently addressed the issue of when replacement benefit coverage and a bonus were payable as part of an award of damages in a wrongful dismissal action. The case of Singer v. Nordstrong Equipment Limited 2018 ONCA 364 is a useful reminder of the key legal principles. This case is a…
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…
February 14, 2014
Simon published an article entitled OHRT rules the “flu” is not a “disability” attracting the protection of the Human Rights Code. A copy of the article can be found here.
June 25, 2015
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.