Simon published another article on First Reference Blog entitled “Employee’s age justifies wrongful dismissal damages of 24 months”. This post explores the recent court decision in Stephanie Ozorio v Canadian Hearing Society, 2016 ONSC 5440 where the court held that the employees age of 60 and the difficulty she would face competing with younger individuals for jobs at a comparable level justified a common law damage award of 24 months . While an employees age always factors into an assessment of an employee’s damages, this case demonstrates Judges are willing to accept these arguments more readily. A link to the blog post can be found here.
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.
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.
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…
Simon published another article in First Reference Blog entitled, “The intoxicate holiday party employee: Avoiding social host liability”. A link to this article can be found here.
Simon published another article on First Reference Blog entitled OHRT orders $70,000 in damages against employer for reprisal termination even though complaints of discrimination lacked merit. A link to the article can be found here.
Simon added another blog post to First Reference, a human resources forum, about current issues in human resources and employment law. Simon’s recent blog is on the issue of age discrimination before the Ontario Human Rights Tribunal and the dismissal of a Complaint. A link to the article can be found here.