As a result of Blue Mountain Resorts Ltd. v. Bok, injuries sustained by guests while on an employer’s premises do not turn every inch of those premises into a “worksite” for the purposes of the Occupational Health and Safety Act (“the Act”). Blue Mountain Resort Limited owns and operates an all-season resort and recreational facility […]
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
William Whatcott distributed flyers in Saskatoon, Saskatchewan, two of which were entitled “Keep Homosexuality out of Saskatoon’s Public Schools!” and “Sodomites in our Public Schools”. Complaints were lodged with the Saskatchewan Human Rights Commission claiming that these flyers promoted hatred against individuals based on their sexual orientation in contravention of section 14 of the Saskatchewan […]
On March 5th, 2013, the Ontario government proposed an amendment to the Employment Standards Act, 2000, (“ESA”), entitled the Employment Standards Amendment Act (Leaves to Help Families), 2013 to create three job-protected leaves: * Family Caregiver Leave: up to eight weeks of unpaid leave for employees to provide care and support to a family member […]
The Ministry of Labour has proposed to introduce new regulatory requirements that would require employers to ensure that all workers and supervisors complete mandatory occupational health and safety awareness training programs. The proposed requirements would apply to everyone who meets the current definitions of “worker” and “supervisor” under the Occupational Health and Safety Act. Should […]
The Canada Labour Code (the Code) in the areas of holiday pay, wage-related complaints, the period covered by payment orders, and review mechanisms, these amendments were enacted in December 2012. These amendments are not industry-specific. Rather, they pertain to all federally-regulated employers. The most substantive amendments are presented in detail below. 1) Holiday Pay Bill […]
On May 1st, 2013, Bill 62, the Defending Employees’ Rights Act (Certification of Trade Unions), 2013 passed its first reading. The Bill would amend Ontario’s Labour Relations Act, 1995 to prohibit the Ontario Labour Relations Board from certifying a union as a bargaining agent for employees unless a representation vote has been held among the […]
The Firm welcomes our new Associate, Sheri Enikanolaiye. Sheri has completed her articles with the Firm and has recently been called to the Bar.
Can an employer waive notice of resignation without pay? In Quebec, the answer is yes, at least for now. Daniel Guay worked for Asphalte Desjardins Inc., but then secured preferable employment with a competitor. He provided his employer with three weeks’ written notice of resignation, but the employer decided to immediately terminate his employment. The […]
In a recent decision, successfully argued by Bird Richard, the New Brunswick Court of Queen’s Bench upheld a decision by Arbitrator Frumkin, in which he held that Canada Post could terminate an employee who had already been discharged. Ronald LeBlanc, a letter carrier, was terminated for abusive conduct to a customer. At the disciplinary meeting, […]
In Steel v. Coast Capital Savings Credit Union, the Supreme Court of British Columbia upheld the termination of an employee on a with cause basis after the employee breached the bank’s confidentiality policy. Susan Steel had worked for Coast Capital Savings Credit Union for over 20 years. At the time of her dismissal, she was […]
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