Entries by BirdRichard

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 […]

Bird Richard Welcomes New Partner

Bird Richard is pleased to welcome our newest Partner, Russell MacCrimmon who joined the Firm on September 5, 2017. Since his call the Bar in 2002, Russell has provided legal advice and representation to employers. Russell advises employers on the day-to-day legal issues that impact a workplace. He represents employers on workplace issues such as […]

Small Business Satisfied Duty of Accommodation

Thunder Bay Orthopaedic (“TBO”) employed fewer than 10 employees, including two to three orthotic technicians. Darren Nason began his employment with TBO on May 10, 1993 as an orthotic technician. The employee developed carpel tunnel syndrome and by June 2010, he required accommodation. The co-owner testified that upon learning of the employee’s condition, he and […]

Dishonesty was Clear Ground for Dismissal

In Aboagye v Atomic Energy, the Court of Appeal for Ontario upheld a Superior Court of Justice decision which confirmed that the employee’s dishonest conduct justified his termination. Mr. Aboagye was hired by AECL as an Industrial Safety Specialist. He was terminated after just over six months’ service for a number of reasons, including that […]

Right to Service Animal is not Absolute

Employers are often faced with questions regarding the scope of their duty to accommodate persons with disabilities; either in the context of employing individuals or providing services. Recently, the Human Rights Tribunal of Ontario released its decision in J.F. v. Waterloo Catholic District School Board, 2017 HRTO 1121. In that decision, a pupil’s parent (“CF”) […]