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.
August 22, 2012
Simon presented a 3 hours session to the HRPA on Age Discrimination. He presented a seminar and then led the participants through two fact scenarios so that they could work through difficult and challenging human resources issues involving age.
August 28, 2012
Simon started to blog at First Reference, a human resources forum, about current issues in human resources and employment law. Simon’s first blog is on the issue of medical evidence and disabilities before the Ontario Human Rights Tribunal. A link to Simon’s blog can be found here.
July 16, 2013
Simon published another article on First Reference Blogs with respect to the Ontario Human Rights Commission new policy on removing the “Canadian Experience Barrier”. A copy of this article can be found here.
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…
September 18, 2012
Simon added another blog post to First Reference, a human resources forum, about current issues in human resources and employment law. Simon’s recent blog is on the issue of age discrimination before the Ontario Human Rights Tribunal and the dismissal of a Complaint. A link to the article can be found here.
December 14, 2016
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….