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.
September 18, 2012
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.
September 18, 2015
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…
November 20, 2015
Simon published an article on a recent Ontario Divisional Court case that considered the enforceability of a termination clause in the federal jurisdiction. Specifically, the case explored whether or not the termination clause violated the Canada Labour Code. A link to the comment can be found here.
January 23, 2015
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.
August 24, 2015
Simon published another article on First Reference Blog entitled “Poor drafting leads to finding of fixed term contract” about a recent B.C. Supreme Court’s finding that an employer had agreed to a 3 year fixed term contract and owed damages for the balance of the contract for the early termination of the contract. A link…
May 12, 2016
Simon published another blog post to First Reference Blogs. In this article Simon provided an update on the Ministry of Labour’s OHSA and ESA blitzes that target specific industries and parts of the province to ensure compliance with the Occupational Health and Safety Act and the Employment Standards Act. A link to the comment can…