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.
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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 15, 2017
Simon published another article on First Reference Blog entitled, “Requesting background checks after employment starts”. In this blog post, Simon discusses the recent Ontario Superior Court decision in Covenoho v. Pendylum Inc., 2016 ONSC 4969 which held that it was not unlawful for an employer to request a criminal background check from an employee after…
July 15, 2014
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.
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…
February 20, 2013
Simon spoke about Age Discrimination at the Peterborough chapter of the Human Resources Professional Association (HRPA).
July 14, 2016
Simon Published another article entitled “Ontario Court of Appeal suggest deference to trial judge in interpretation of termination clause” in First Reference Blogs about a recent Ontario Court of Appeal decision that interpreted a termination clause and whether or not the clause rebutted the presumption of common law notice and limited the employee’s entitlements to…