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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February 20, 2015
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…
November 22, 2017
Simon published another article on First Reference Blog entitled “Ontario Court of Appeal confirms offer of employment is consideration after an asset sale”. This blog post explores the recent decision of Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873 whereby the Ontario Court of Appeal held that when a company is sold by way of…
May 19, 2017
Simon wrote another article on First Reference entitled “Ontario considers big changes to Employment Standards Act and Labour Relations Act”. This blog considers a recent independent report commissioned by the Provincial Government to examine changes to both the Ontario Employment Standards Act, 2000 and the Labour Relations Act. A link to this blog can be…
September 18, 2015
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…
October 17, 2016
Simon published another article on First Reference Blog entitled “Refusing a 50 km commute not a failure to mitigate”, where he reviewed a recent Ontario Court of Appeal decision where the court held that the Plaintiff’s decision not to explore a new job that was 50 kms away from her house did not constitute a…
July 15, 2014
Simon published an article on whether an employee’s dismissal for cause on the basis of profanity should be upheld in, “Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal”. A link to the article can be found here.