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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April 16, 2013
Simon published another article for First Reference Blogs on a recent Human Rights decision where the Tribunal ordered a massive damage award against an employer for failing to consider employment options beyond the employee’s pre-injury job. A link to the article can be found here.
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…
May 12, 2016
Simon published another blog post to First Reference Blogs. In this article Simon provided an update on the Ministry of Labour’s OHSA and ESA blitzes that target specific industries and parts of the province to ensure compliance with the Occupational Health and Safety Act and the Employment Standards Act. A link to the comment can…
January 22, 2014
Simon contributed another article to First Reference Blogs entitled Supreme Court of Canada confirms pension benefits should not be deducted from damages for wrongful dismissal. A copy of 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…
January 15, 2013
Simon published another article in First Reference Blog entitled, “British Columbia Court Of Appeal concludes employee’s conduct in workplace interpersonal conflict justified just cause for termination.” A link to the article can be found here.