Simon published another article on First Reference Blog. The article entitled “Fresh Consideration and Employment Contracts” examines two recent cases, the Ontario Court of Appeal’s decision in Holland v. Hostopia.com Inc., 2015 ONCA 762 and a recent trial decision in Gibbons v. BB Blank Inc., 2016 CanLII 44181 on how companies can make employment contracts that are offered on hiring or a promotion binding. The key is to have the employee sign the contract before commencing his/her duties and to ensure there is fresh consideration for a new contract of employment. A link to the decision can be found here.
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February 14, 2014
Simon published an article entitled OHRT rules the “flu” is not a “disability” attracting the protection of the Human Rights Code. A copy of the article can be found here.
January 15, 2016
Simon published an article at First Reference Blog on the recent 3.5 year criminal sentence handed down to a Project Manager arising from violations of the health and safety provisions of the Criminal Code. A summary of this groundbreaking decision, which is under appeal, can be found here.
March 15, 2017
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…
July 15, 2014
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.
February 15, 2017
Simon published another article on First Reference Blog entitled, “Requesting background checks after employment starts”. In this blog post, Simon discusses the recent Ontario Superior Court decision in Covenoho v. Pendylum Inc., 2016 ONSC 4969 which held that it was not unlawful for an employer to request a criminal background check from an employee after…
January 22, 2014
Simon contributed another article to First Reference Blogs entitled Supreme Court of Canada confirms pension benefits should not be deducted from damages for wrongful dismissal. A copy of the article can be found here.