Simon published a blog post exploring the Ontario Court of Appeal’s recent decision in Brake v. PJ-M2R Restaurant Inc. (2017) ONCA 402. This case comment examines the Ontario Court of Appeal’s most recent decision on the issue of mitigation in wrongful dismissal. Typically, when an employee is terminated by his/her employer, he/she has a positive obligation to mitigate his/her damages by looking for alternate work. It is a well-established principle of wrongful dismissal that any income earned during the notice period is subtracted from what the company owes. However, in this case, the Ontario Court of Appeal held that income earned by the Plaintiff during the statutory notice period and certain “inferior” income earned out of necessity should not be deducted from her damages which changes the typical approach to assessing mitigation income. In particular, this decision will have a significant impact on the duty to mitigate of all employees but specifically non-managerial ones who are forced to accept inferior work once they are terminated from their positions. Click here for a detailed account of this decision.
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January 23, 2015
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.
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 22, 2015
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…
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…
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,…
February 19, 2013
Simon published an article on Family Status and the duty to accommodate Childcare Responsibilities on the First Reference Blog. A copy of the article can be found here.