On January 10, 2019, Arbitrator Larry Steinberg released a decision reinstating a nurse who had violated numerous workplace policies, committed theft and falsified medical records. The grievor worked on a full-time basis as a Registered Professional Nurse at a long-term care facility. She had been employed with the employer for approximately 14 years. The grievor […]
Bird Richard is centrally located in Ottawa and serves clients nationally. Our clients range from large Crown Corporations with national operations to small local construction firms. We also provide services to corporations in Alberta, in the Northwest Territories and in Nunavut.
Entries by BirdRichard
Under section 64 of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”), employees who are terminated without cause are entitled severance pay. Under the ESA, an employer who has a payroll in excess of 2.5 million must pay additional severance pay to employees with more than five (5) years of service upon termination […]
A recent arbitration decision concerning an employer’s duty to accommodate a medical cannabis user rendered in Newfoundland has recently been judicially reviewed and upheld. The arbitration decision, Lower Churchill Transmission Construction Employers’ Assn. Inc. and Valard Construction LP v. International Brotherhood of Electrical Workers, Local 1620 (Tizzard), 2018 CarswellNfld 198, 136 C.L.A.S. 26, dealt with […]
In the recent decision, Heller v. Uber Technologies Inc.,  O.J. No. 1, the Court of Appeal decided on whether an arbitration clause in the services agreement provided to Uber drivers is enforceable under Ontario law. The claim in Heller is a proposed class action against Uber alleging that Uber drivers should be categorized as […]
In English v. Manulife Financial Corporation, the Ontario Court of Appeal considered whether an employee who has resigned from her employment by written notice was entitled to rescind the notice of resignation after it had been accepted by the employer. The employee worked for Manulife (previously Standard Life) for 10 years. She was a Senior […]
In Dussault v. Imperial Oil Ltd., the Ontario Superior Court of Justice held that two employees who had worked for Imperial for more than 39 years and 36 years respectively were entitled to 26 months’ notice of termination. Both employees participated in a defined benefit pension plan. The employees, who both worked in Imperial’s retail […]
As of January 1, 2018, important policy changes were implemented to workers’ compensation in Ontario which provided for entitlements relating to claims for workplace harassment, including sexual harassment. As a result, employees with workers’ compensation coverage can pursue benefits arising from mental stress that is caused by workplace harassment. At the same time, employees who […]
Bill C-86 Receives Royal Assent – Changes Canada Labour Code and New Pay Equity Act On December 13, 2018, Bill C-86 received Royal Assent resulting in many changes to the Canada Labour Code and creation of a new Pay Equity Act. Many of the changes will be implemented on September 1, 2019. Others changes will […]
A recent case from the Ontario Superior Court of Justice, Watson v. Governing Council of the Salvation Army of Canada, will significantly alter the way settlements and releases ought to be structured involving employees who have experienced sexual harassment in the workplace. The employee worked for the Salvation Army as a manager from April 2011 […]
In the recent decision of the Ontario Court of Appeal, MD Physician Services Inc. v. Wisniewski, the Court upheld the decision of the lower court on the enforceability of the non-solicitation clause. The case involved two employees who were hired by MD Management Ltd. (“MDM”), a wholly owned subsidiary of MD Physician Services Inc., to […]
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