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.
Simon published another article on First Reference Blog. The article entitled “Employee Termination Deemed Reprisal” which explored the prohibition against terminating or reprising against employees who exercise their right to refuse unsafe work under the provisions of the Ontario Occupational Health and Safety Act. In the article Simon considers the recent decision of Podobnik v….
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…
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 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.
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 contributed another article to First Reference entitled, “Ontario Court of Appeal rules on distracted driving and handheld devices”. A copy of this article can be found here.