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 the minimum entitlements set out under the Ontario Employment Standards Act, 2000. The Court of Appeal chose to defer to the trial judge’s analysis without fully considering whether or not the clause complied with the Employment Standards Act, 2000, so its impact on future decisions is questionable because it depends on the facts of each case. A copy of the decision can be found here.
Simon published an article on a recent Ontario Divisional Court case that considered the enforceability of a termination clause in the federal jurisdiction. Specifically, the case explored whether or not the termination clause violated the Canada Labour Code. A link to the comment can be found here.
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,…
Simon published an article on First Reference Blog entitled Ontario Human Rights Tribunal rules company discriminated against employee with developmental disability by paying her wages of $1.25 per hour. A copy of the article can be found here.
Simon published another article on First Reference Blog on a recent court case that examined the potential liability arising from the termination of a short service employee who alleged he was bound by a 5-year fixed term contract. The case also discusses contract formation and a copy of the article can be found here.
Simon started to blog at First Reference, a human resources forum, about current issues in human resources and employment law. Simon’s first blog is on the issue of medical evidence and disabilities before the Ontario Human Rights Tribunal. A link to Simon’s blog can be found here.
Simon contributed another article to First Reference entitled Working Notice: A Refresher. A copy of this article can be found here.