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 way of a motion for summary judgement. Given the setting of notice periods by judges is often more of an “art” then a “science”, this case highlights the costs involved to employers in choosing not to settle cases through voluntary negotiations. A link to the article can be found here.
Simon published another article on First Reference Blog entitled “Arbitrator upholds just cause termination in part on negative Facebook post”. In this case, the employee posted extremely negative comments about his Manager and Employer after he was terminated for just cause. The Arbitrator upheld his termination and commented that the negative comments in his Facebook…
Simon published another article on First Reference Blogs with respect to the Ontario Human Rights Commission new policy on removing the “Canadian Experience Barrier”. A copy of this article can be found here.
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.
Simon published an article on First Reference Blog on a recent OLRB decision involving a company’s breach of the Bill amendments to the Occupational Health & Safety Act. A link to the article can be found here.
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…
Simon contributed another article to First Reference entitled Working Notice: A Refresher. A copy of this article can be found here.