March 17, 2016

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…

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…

Simon added another blog post to First Reference on the issue of a failed employee claim of constructive dismissal on the basis of harassment and religious discrimination. A copy of this article can be found here.

Simon was interviewed by National Public Radio (“NPR”) in the United States for a National Radio Segment on Uber Drivers and whether they could be considered employees, dependent contractors or employees. A link to this radio segment that was broadcast on NPR’s national morning news 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 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.