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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December 19, 2014
Simon contributed another article to First Reference Blog on the top five (5) employment law trends of the year. A copy of this article can be found here.
December 14, 2016
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….
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…
December 14, 2012
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.
May 30, 2018
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…
December 19, 2018
Simon published a blog post exploring the Ontario Court of Appeal’s recent decision in Brake v. PJ-M2R Restaurant Inc. (2017) ONCA 402. This case comment examines the Ontario Court of Appeal’s most recent decision on the issue of mitigation in wrongful dismissal. Typically, when an employee is terminated by his/her employer, he/she has a positive…