Entries by BirdRichard

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 […]

Bill C-4 – Amendments to the Canada Labour Code

On October 22, 2013, the Minister of Finance introduced Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, also known as the Economic Action Plan 2013 Act, No. 2. On December 12, 2013, the Bill received Royal Assent. Among other amendments, Bill […]

Accessibility for Ontarians with Disabilities Act – Employment Standards Compliance in 2014

For all public sector employees with 50 or more employees, the Accessibility for Ontarians with Disabilities Act requires that the following employment-related standards be in place by January 1, 2014: ensure that performance management, career develop-ment and job changes are accessible to employees; inform staff about policies for supporting employees with disabilities; provide training to […]

Mandatory Health and Safety Training for All Workers and Supervisors

In a previous edition of EMPlawyers Update, we made our readers aware of the potential new Occupational Health and Safety Awareness and Training regulation under the Occupational Health and Safety Act (the Act). On November 15, 2013, existing Regulation 780/94 – Training Programs was revoked and the new Health and Safety Awareness and Training regulation […]

Alberta Privacy Legislation Violates Freedom of Expression

In a recent decision by the Supreme Court of Canada, Alberta privacy legislation that prohibited the capture and publicizing of workers crossing a picket-line was declared invalid as a disproportionate restriction on freedom of expression. During a 300-day labour relations dispute, an Alberta casino employed replacement workers. As the Union picketed the casino, it took […]

Court of Appeal Increases Fine Levied Against Owners

Convictions for criminal negligence under the Criminal Code have become all the more onerous for business owners after the Ontario Court of Appeal levied a $750,000 fine against a business owner late last year. In a prior edition of EMPlawyers Update, we informed our readers of the tragic events of the R. v. Metron Construction […]