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 $130,000 in costs even though he admitted he had fraudulently calculated and entered in student marks. In this case, the school appealed and the decision was squarely overruled on the basis the trial judge misapplied the facts and the law and should have come to the conclusion there was just cause for dismissal. In the end, the teacher owed almost $100,000.00 in legal costs to the school. The case highlights how expensive litigation can be and how trial judges don’t always arrive at the correct decisions. A link can be found here.
Simon wrote another article on First Reference entitled “Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam”. This blog explores the recent Ontario Divisional Court decision in Bottiglia v. Ottawa Catholic School Board 2017 ONSC 2417 where the court held that an employer could demand an Independent Medical Exam…
Simon made a Co-Presentation with Dr. Massarella to the Peel chapter of the HRPA on Gender Neutrality – Bill 33 Toby’s Law.
Simon published another article on First Reference Blogs entitled: “Small claims court rules termination clause that violates ESA in future is unenforceable”. Simon explores a recent Divisional Court of Ontario case upholding a decision from the Small Claims court which confirmed that if a termination clause could be non-compliant with the Ontario Employment Standards Act,…
Simon published another article on First Reference Blogs on a recent Ontario Human Rights Tribunal decision on Workplace Sexual Harassment. A copy of the article can be found here.
Simon published an articled on two recent Federal Court of Appeal decisions that clarify an employer’s obligations with respect to accommodating the child care responsibilities of their employees. A copy of the article can be found here.
Simon published an article on a recent HRTO decision whereby a company was found to have discriminated against a job candidate during the hiring process on the prohibited grounds of “race, colour and ethnic origin”. A copy of this article can be found here.