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 “employment status” (there had already been an obligation for equal pay on the basis of sex). This meant that full time, part time, seasonal and contract workers were to be paid the same amount if the work they were performing was similar. However, there were some exceptions based on seniority systems, merit systems, mode of production and any other factors other than “sex”. A link to this article can be found here.
December 18, 2015
Simon published another article on First Reference Blog examining a recent decision that explains when an Employer can demand an Independent Medical Exam during the accommodation process. The test advanced by the Tribunal is one based on “reasonableness”. A link to this article entitled “To IME or not To IME, This is the Question”, can…
August 11, 2016
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…
September 15, 2016
Simon published another article on First Reference Blog entitled “Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal”. The case examines how an teacher was awarded a 12 month package, long term disability benefits for depression that arose after the termination and over…
July 14, 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…
September 18, 2012
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.
March 19, 2014
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.