Bird Richard Welcomes New Associate

Bird Richard is pleased to welcome our newest Associate, Travis Ujjainwalla, who joined the Firm in January of this year. Travis was called to the Bar in 2017. Travis provides advice to employers on statutory obligations, wrongful dismissals, and human rights claims. Travis is a member of the Law Society of Upper Canada and the […]

Zero Tolerance Policy – Tribunal Rules in Favour of Employer in Medical Marijuana Case

In Aitchison v L&L Painting and Decorating Ltd., the Ontario Human Right’s Tribunal has provided guidance to employers regarding the use of zero tolerance policies concerning drug use in the workplace and medically prescribed marijuana. The employer was a commercial subcontractor involved in the restoration of high-rise buildings. The employee had been employed as a […]

Update on Random Drug Testing – the Suncor saga Continues

As we first reported in the Summer 2014 edition of EMPLawyers’ Update, in 2012, Suncor announced a new policy that would include random drug and alcohol testing in safety-sensitive positions. The Union obtained an interim injunction preventing random testing until an arbitration board rendered a decision on its grievance against such a policy. The arbitration […]

Ontario Employment Termination Clause Update

The Ontario Court of Appeal has recently ruled once again, on the validity of a termination clause contained in an employment contract in Nemeth v. Hatch Ltd., [2018] O.J. No. 145.  In this case, the termination clause read: The Company’s policy with respect to termination is that employment may be terminated by either party with […]

Legislative Update: WSIB Claims for Chronic Mental Stress

On December 14th, 2017, Bill 177, Stronger, Fairer Ontario Act, (Budget Measures) 2017, received Royal Assent. As a result, significant amendments came into force on January 1, 2018 surrounding WSIB claims for mental stress under the Workplace Safety and Insurance Act (“WSIA”). Prior to the implementation of these amendments, entitlement to mental stress claims was […]

Bill 148 Legislative Update: Equal pay for Equal work Provisions come into Force

As a result of Bill 148, on April 1, 2018, new equal pay for equal work provisions came into force under the Employment Standards Act, 2000. The new provisions are aimed at equalizing pay between workers performing substantially the same type of work under similar working conditions, irrespective of their status as part-time, full-time, temporary, […]