Entries by BirdRichard

Amendments to the Canada Labour Code

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 […]

Firm Announcement

The Firm welcomes our new Associate, Sheri Enikanolaiye. Sheri has completed her articles with the Firm and has recently been called to the Bar.

Employer Can Waive Notice of Resignation Without Pay in Quebec

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 […]

Post-Discharge Termination Upheld on Judicial Review

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, […]

Employee Dismissed for Cause after Breach of Privacy Policy

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 […]

2013 California HR Conference

The Professionals in Human Resources Association is hosting the annual California HR Conference from August 26 to 28, 2013 at the Anaheim Convention Centre in Anaheim, California. Stephen Bird has been invited to be a presenter at the Conference and will be a member of the Global Employment Strategy discussion panel. Stephen’s program will focus […]

Arbitrator Clarifies Rule on Subsequent-Event Evidence

A recent arbitration decision confirmed that the admissibility of subsequent-event evidence is dependent on its relevance to the merits of the case. The grievor, a Labourer/Truck Driver for the City of Hamilton, underwent surgery. As a result of the procedure, he developed ongoing foot pain and chronic back pain. These ailments kept the grievor from […]

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 […]