In Suncor Energy Inc. v Unifor Local 707A, the Court of Appeal of Alberta held that arbitration panel’s decision to strike down Suncor’s random drug and alcohol policy was unreasonable. You may recall that Bird Richard previously reported on the arbitration award and the lower court decision of this case. The employer, Suncor, implemented random […]
Bill 148, which makes a number of amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995, and the Occupational Health and Safety Act (OHSA) received Royal Assent on November 27, 2017. This article will address the timeline of the coming into force of Bill 148’s main amendments to the ESA and […]
In Association of Justice Counsel v. Canada (Attorney General), the Supreme Court of Canada considered the scope of the “management rights” clause contained in a Collective Agreement between the Government of Canada and the Association of Justice Counsel (AJC) and struck down a mandatory requirement for government lawyers to be available for standby shifts for […]
The provincial government of Ontario has introduced Bill 174 in preparation for the coming into force of the Cannabis Act (or Bill C-45). As previously reported, if it is approved by Parliament, Bill C-45 could become law with a target date of no later than July 2018, legalizing recreational cannabis across Canada. Bill 174 was […]
Bird Richard is pleased to welcome our newest Partner, Russell MacCrimmon who joined the Firm on September 5, 2017. Since his call the Bar in 2002, Russell has provided legal advice and representation to employers. Russell advises employers on the day-to-day legal issues that impact a workplace. He represents employers on workplace issues such as […]
As you may already know, if it is approved by Parliament, the Cannabis Act (or Bill C-45) could become law with a target date of no later than July 2018, legalizing recreational cannabis across Canada. This fall, the provincial government of Ontario plans to introduce a new bill in preparation for Bill C-45. The upcoming […]
Thunder Bay Orthopaedic (“TBO”) employed fewer than 10 employees, including two to three orthotic technicians. Darren Nason began his employment with TBO on May 10, 1993 as an orthotic technician. The employee developed carpel tunnel syndrome and by June 2010, he required accommodation. The co-owner testified that upon learning of the employee’s condition, he and […]
In Aboagye v Atomic Energy, the Court of Appeal for Ontario upheld a Superior Court of Justice decision which confirmed that the employee’s dishonest conduct justified his termination. Mr. Aboagye was hired by AECL as an Industrial Safety Specialist. He was terminated after just over six months’ service for a number of reasons, including that […]
Employers are often faced with questions regarding the scope of their duty to accommodate persons with disabilities; either in the context of employing individuals or providing services. Recently, the Human Rights Tribunal of Ontario released its decision in J.F. v. Waterloo Catholic District School Board, 2017 HRTO 1121. In that decision, a pupil’s parent (“CF”) […]
On January 1, 2018, the design of public space standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) comes into force for private organizations with one to 49 employees (small organizations). As previously reported, for private organizations with 50 employees or more, these requirements came into effect on January 1, 2017. Small organizations […]