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 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 exploring a recent Human Rights Tribunal of Ontario case where a small farm terminated two employees who wanted to take a day off work for a religious observance. The article entitled, “HRTO concludes teenage Mennonites discriminated against when fired for observing a religious holiday” can be found…
Simon published another article on First Reference Blogs with respect to the Ontario Human Rights Commission new policy on removing the “Canadian Experience Barrier”. A copy of this article can be found here.
Simon was interviewed by National Public Radio (“NPR”) in the United States for a National Radio Segment on Uber Drivers and whether they could be considered employees, dependent contractors or employees. A link to this radio segment that was broadcast on NPR’s national morning news can be found here.
Simon presented a 3 hours session to the HRPA on Age Discrimination. He presented a seminar and then led the participants through two fact scenarios so that they could work through difficult and challenging human resources issues involving age.
Simon published another article in First Reference Blog entitled, “British Columbia Court Of Appeal concludes employee’s conduct in workplace interpersonal conflict justified just cause for termination.” A link to the article can be found here.