Entries by BirdRichard

Upcoming Seminar on Workplace Privacy

Please join presenters Alanna Twohey and Katherine Symonds on October 22, 2013 at the Ottawa Convention Centre for a discussion of privacy in the workplace. This complimentary seminar will focus on: Whether and which privacy legislation applies to your organization; Recent case law developments, including: updates on the newly-created cause of action for invasion of […]

Supreme Court of Canada to Determine Waiver of Notice Issue

As reported in the Summer 2013 issue of EMPlawyer’s Update, the Quebec Court of Appeal recently held that an employer does not have to provide pay during the notice period if it waives an employee’s notice of resignation, pursuant to section 82 of the Act Respecting Labour Standards. Similar reasoning has not yet been applied […]

Zero Tolerance of Sexual Harassment in the Workplace

Sexual harassment in the workplace continues to cause employers several legal and financial challenges. In a recent decision, Justice Sachs of the Divisional Court assuaged a few of these problems by taking a zero tolerance approach to a grievance arising from a case of sexual harassment and assault. It had been alleged that, on June […]

Federal Employers Can Dismiss Without Cause

In a recent and ground-breaking case, the Federal Court upheld a federal government agency’s dismissal of an employee without cause. Atomic Energy of Canada Limited (AECL) dismissed an employee without alleging cause, but with a payment of six months’ severance pay in lieu of notice. The employee protested that the dismissal was unjust. An adjudicator […]

Mitigating Factors in Occupational Health and Safety Charges

The Ontario Court of Appeal recently determined that an employer’s actions taken to comply with a health and safety inspector’s order will not be considered a mitigating factor in determining the appropriate sentence. Flex-N-Gate is an Ontario employer which produces automobile parts. It produces vehicle bumpers by processing metal sheets which are stored in approximately […]

Property Rights in Pension Benefits Plans

At age 65, Richard Waterman was terminated without cause by IBM Canada Ltd. after 42 years of service. IBM provided him with two months’ notice of the termination. During his employment, Waterman participated in IBM’s pension plan, which entitled him to a full pension. His entitlement was not affected by the termination, and Waterman began […]

Deductibility of Statutory Pay from Workers’ Compensation Benefits

A production worker, 59 years old, suffered an elbow injury that resulted in the permanent impairment of both of his arms. He claimed workers’ compensation benefits under the Workplace Safety and Insurance Act, 1997 (WSIA), and was granted a Non-Economic Loss award. Shortly after he returned to the accident employer on modified duties, he was […]