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 be found here.
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December 19, 2018
Simon published a blog post exploring the Ontario Court of Appeal’s recent decision in Brake v. PJ-M2R Restaurant Inc. (2017) ONCA 402. This case comment examines the Ontario Court of Appeal’s most recent decision on the issue of mitigation in wrongful dismissal. Typically, when an employee is terminated by his/her employer, he/she has a positive…
April 14, 2016
Simon published another article on First Reference Blogs entitled: “Small claims court rules termination clause that violates ESA in future is unenforceable”. Simon explores a recent Divisional Court of Ontario case upholding a decision from the Small Claims court which confirmed that if a termination clause could be non-compliant with the Ontario Employment Standards Act,…
December 14, 2016
Simon published another article on First Reference Blog. The article entitled “Employee Termination Deemed Reprisal” which explored the prohibition against terminating or reprising against employees who exercise their right to refuse unsafe work under the provisions of the Ontario Occupational Health and Safety Act. In the article Simon considers the recent decision of Podobnik v….
May 30, 2018
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…
December 20, 2017
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…
May 21, 2014
Simon published an articled on two recent Federal Court of Appeal decisions that clarify an employer’s obligations with respect to accommodating the child care responsibilities of their employees. A copy of the article can be found here.