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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Simon published another article on First Reference Blogs about whether or not Employers in Canada can refuse to hire smokers. A link to Simon’s 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…
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…
August 12, 2013
Simon published another article on First Reference Blog entitled OHRT orders $70,000 in damages against employer for reprisal termination even though complaints of discrimination lacked merit. A link to the article can be found here.
September 23, 2017
Simon published another article on First Reference Blog entitled “Pregnant temporary worker files human rights complaint after termination”. This article explored the issues involved when temporary employees who are hired for short term specific tasks file complaints against the companies that have retained them. In this case, the employer was alleged to have terminated the…
March 19, 2014
Simon published an article on First Reference Blog entitled Ontario Human Rights Tribunal rules company discriminated against employee with developmental disability by paying her wages of $1.25 per hour. A copy of the article can be found here.