The Ontario Court of Appeal recently addressed the issue of when replacement benefit coverage and a bonus were payable as part of an award of damages in a wrongful dismissal action. The case of Singer v. Nordstrong Equipment Limited 2018 ONCA 364 is a useful reminder of the key legal principles. This case is a reminder that all aspects of an employee’s compensation must be continued during a common law notice period including benefits and bonus unless the employer has prepared proper contractual language that disentitles the employee to the benefit and the exclusion conforms with the minimum requirements of the Ontario Employment Standards Act, 2000. Click here for a detailed account of this decision.
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.
Simon published another article on First Reference Blog entitled “Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal”. The case examines how an teacher was awarded a 12 month package, long term disability benefits for depression that arose after the termination and over…
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.
Simon published another article in First Reference Blog entitled, “The intoxicate holiday party employee: Avoiding social host liability”. A link to this article can be found here.
Simon published another article for First Reference Blogs on how an Employer can make deductions from an Employees wages in accordance with the Employment Standards Act. A link to the article can be found here.
Simon published another article on First Reference Blog entitled “What are the “exceptions” to the equal pay provisions of the Employment Standards Act”. In this article, Simon reviewed amendments to the Ontario Employment Standards Act, 2000 brought about by Bill 148 to include an obligation for “equal pay for equal work” irrespective of an individual’s…