Entries by BirdRichard

Employee on Sick Leave Entitled to Salary During Notice Period

In a recent case from the Divisional Court, McLeod v. 1274458, the Court recently upheld the Superior Court’s decision on the issue of whether an employer is entitled to give working notice (rather than pay in lieu of notice) to an employee who is incapable of working for medical reasons. The case involved an employee […]

The Duty of Good Faith and Independent Contractors

In a recent case from the Ontario Court of Appeal, Mohamed v. Information Systems Architects Inc., an independent contractor was awarded damages for the full term of his contract (six months). This was the case even though the consulting agreement contained a termination provision indicating that the contractor could be terminated at any time at […]

Termination Clauses Must be read as a Whole

Termination Clauses must be read as a Whole to Determine Intention of the Parties In Amberber v. IBM Canada Ltd., 2018 ONCA 571, released June 22, 2018, the Ontario Court of Appeal (“OCA”) has released another decision regarding the interpretation of a termination clause in an employment contract. The decision is good news for employers. […]

Terminating Employee Benefits at age 65 in Ontario

Employee Benefits in Ontario – Termination of Benefits of Employees 65 Years and Older In Talos v. Grand Erie District School Board, 2018 HRTO 680, which was released on May 18, 2018, the Ontario Human Rights Tribunal considered the impact of benefit plans that terminate at age 65. The employee was a teacher who received […]

Digital Privacy Act Update

PIPEDA Mandatory Notification for Federally Regulated Organizations Particular sections of the Digital Privacy Act that amend the Personal Information Protection and Electronic Documents Act (“PIPEDA”) will come into force on November 1st, 2018.  Organizations which are subject to PIPEDA will be required to report to the Federal Privacy Commissioner where any breach of a security […]

Bird Richard Welcomes New Associate

Bird Richard is pleased to welcome our newest Associate, Travis Ujjainwalla, who joined the Firm in January of this year. Travis was called to the Bar in 2017. Travis provides advice to employers on statutory obligations, wrongful dismissals, and human rights claims. Travis is a member of the Law Society of Upper Canada and the […]

Zero Tolerance Policy – Tribunal Rules in Favour of Employer in Medical Marijuana Case

In Aitchison v L&L Painting and Decorating Ltd., the Ontario Human Right’s Tribunal has provided guidance to employers regarding the use of zero tolerance policies concerning drug use in the workplace and medically prescribed marijuana. The employer was a commercial subcontractor involved in the restoration of high-rise buildings. The employee had been employed as a […]

Update on Random Drug Testing – the Suncor saga Continues

As we first reported in the Summer 2014 edition of EMPLawyers’ Update, in 2012, Suncor announced a new policy that would include random drug and alcohol testing in safety-sensitive positions. The Union obtained an interim injunction preventing random testing until an arbitration board rendered a decision on its grievance against such a policy. The arbitration […]

Ontario Employment Termination Clause Update

The Ontario Court of Appeal has recently ruled once again, on the validity of a termination clause contained in an employment contract in Nemeth v. Hatch Ltd., [2018] O.J. No. 145.  In this case, the termination clause read: The Company’s policy with respect to termination is that employment may be terminated by either party with […]

Legislative Update: WSIB Claims for Chronic Mental Stress

On December 14th, 2017, Bill 177, Stronger, Fairer Ontario Act, (Budget Measures) 2017, received Royal Assent. As a result, significant amendments came into force on January 1, 2018 surrounding WSIB claims for mental stress under the Workplace Safety and Insurance Act (“WSIA”). Prior to the implementation of these amendments, entitlement to mental stress claims was […]