Entries by BirdRichard

Employers to Pay the Price: Extended Parental Leave Policies

The Federal Budget, released on March 22, 2017, proposes to change the current Employment Insurance (EI) parental benefits regime to allow parents to choose between: an extended period of EI parental benefits of up to 18 months at a lower benefit rate of 33 per cent of average weekly earnings; or to remain at the […]

Duty to Accommodate does not include a “duty to allow an employee not to work”, Court holds

In Ontario Public Service Employees Union v. Ontario (Children and Youth Services), the Divisional Court upheld the decision of the Ontario Grievance Board. The Board held that the employer had not breached its duty to accommodate the employee’s disability when it terminated his employment on the ground of innocent absenteeism. Mr. Bartolotta, who worked as […]

Legislative Update – Amendments to the Canadian Human Rights Act and the Criminal Code will create protections based on gender identity or expression

On May 17, 2016, Bill C 16 – An Act to amend the Canadian Human Rights Act and the Criminal Code passed first reading in the Senate. The federal Bill proposes amendments to the Canadian Human Rights Act, which seeks to extend equal opportunities in employment and provision of services, without hindrance from discriminatory practices […]

Decision to Dismiss Discrimination Complaint of Employee was Unreasonable

In Dupuis v. Canada (Attorney General), the Federal Court granted the Application for Judicial Review of a Canadian Human Right’s decision to dismiss the employee’s complaint alleging discrimination on the basis of disability. Mr. Dupuis was employed in the Public Service of Canada since 1988. For the first few years of his employment with Statistics […]

Welcome our newest Associate, Nigel McKechnie

Bird Richard is pleased to welcome our newest Associate, Nigel McKechnie, who joins the Firm this fall. Nigel has recently provided labour and employment law advice and representation to clients as an associate lawyer and completed his articles at local Ottawa boutiques specializing in labour and employment law.  Fluently bilingual, Nigel brings to the Firm […]

A Non-Competition Clause Disguised as a Non-Solicitation Clause

In Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal found that a clause that appeared to be a non-solicitation clause was, in practice, a non-competition clause. The clause at issue provided as follows: The [personal respondent] agrees that in the event of termination or resignation that she will not solicit or accept business […]