Simon published another article on First Reference Blog entitled “5 Employment Law Predictions for 2018”. In this article, Simon explored: (1) the increase in sexual harassment cases brought about, in part, by the “me too” movement; (2) the amendments to the Employment Standards Act, 2000 brought about by Bill 148 and in particular the equal pay for equal work provisions; (3) the continuing evolution of Termination Clauses; (4) the legalization of recreational marijuana on July 1, 2018; and (5) the increase in moral damages that have been awarded by courts, particularly in the Galea v. Wal-Mart Canada Corp., 2017 ONSC 245 decision where the court awarded $750,000 in both punitive and moral damages. A link to this 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…
June 9, 2016
Simon Published another article entitled “Motion for summary judgement raises questions about efficiency of pre-trial resolution” on First Reference Blog. This case explored the common issue of assessing an employee’s common law notice period at the termination of employment and the efficiencies involved in settling the matter through voluntary negotiations or pursuing the matter by…
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.
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.
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…