Entries by BirdRichard

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 […]

EI Extended Parental Benefits are now in Force

Changes to the Employment Insurance (EI) parental benefits regime and related leaves under the Employment Insurance Act and Canada Labour Code came into force on December 3, 2017. As previously reported, this new regime, enacted under Bill C-44, will to allow parents to choose between: an extended period of EI parental benefits of up to […]

Court of Appeal of Alberta Upholds Random Drug and Alcohol Testing Policy

In Suncor Energy Inc. v Unifor Local 707A, the Court of Appeal of Alberta held that arbitration panel’s decision to strike down Suncor’s random drug and alcohol policy was unreasonable. You may recall that Bird Richard previously reported on the arbitration award and the lower court decision of this case. The employer, Suncor, implemented random […]

New ESA Obligations now in Force

Bill 148, which makes a number of amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995, and the Occupational Health and Safety Act (OHSA) received Royal Assent on November 27, 2017. This article will address the timeline of the coming into force of Bill 148’s main amendments to the ESA and […]

Policy on Mandatory Standby Shifts was Unreasonable and Unfair, Supreme Court of Canada Holds

In Association of Justice Counsel v. Canada (Attorney General), the Supreme Court of Canada considered the scope of the “management rights” clause contained in a Collective Agreement between the Government of Canada and the Association of Justice Counsel (AJC) and struck down a mandatory requirement for government lawyers to be available for standby shifts for […]