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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October 17, 2016
Simon published another article on First Reference Blog entitled “Refusing a 50 km commute not a failure to mitigate”, where he reviewed a recent Ontario Court of Appeal decision where the court held that the Plaintiff’s decision not to explore a new job that was 50 kms away from her house did not constitute a…
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.
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 24, 2015
Simon published another article on First Reference Blog entitled “Poor drafting leads to finding of fixed term contract” about a recent B.C. Supreme Court’s finding that an employer had agreed to a 3 year fixed term contract and owed damages for the balance of the contract for the early termination of the contract. A link…
November 21, 2014
Simon published another article on First Reference Blogs on a recent Ontario Human Rights Tribunal decision on Workplace Sexual Harassment. A copy of the article can be found here.
August 20, 2014
Simon published another article in First Reference Blogs on constructive dismissals entitled, ‘Court rules that delay in implementing a promotion did not constitute a “constructive dismissal”’. A link to this decision can be found here.