In Jones v. Tsige, the Ontario Court of Appeal recognized the right to bring a civil action for damages for invasion of personal privacy. Two employees of the Bank of Montreal, Sandra Jones and Winnie Tsige, worked at different branches of the bank and did not know each other. However, Tsige had formed a common-law […]
Bird Richard is pleased to announce that Annie G. Berthiaume has joined the Firm as a Partner and Lynne Poirier has joined as a senior associate. Annie was called to the Bars of Quebec and Ontario in 2002. Fluently bilingual, Annie represents employers in labour and employment matters and has appeared before various administrative tribunals, […]
In Complex Services and OPSEU Local 278, Arbitrator Surdykowski confirmed that, regardless of the existence of individual privacy rights, employers still have the right to request and even require that employees provided medical information in certain circumstances. The employer in this case had become concerned about the grievor’s mental health upon her return from a […]
A judge of the Saskatchewan Court of Queen’s Bench has ruled that the right to strike is constitutionally protected by section 2(d) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of association. Saskatchewan’s Public Service Essential Services Act (PSESA) prohibits public sector workers that perform essential services from striking. The legislation also […]
The Supreme Court of Canada has clarified the test for determining whether a matter has been “appropriately dealt with” in another proceeding: the Court has confirmed that human rights tribunals cannot review human rights decisions of other administrative decision makers. In British Columbia (Workers’ Compensation Board) v. Figliola, three injured employees had received compensation payments […]
In a recent decision, successfully argued by Bird Richard, Arbitrator Frumkin held that an employer could terminate an employee who had already been discharged. The Grievor, a letter carrier, had been terminated for abusive conduct to a customer. At the disciplinary meeting, after being told that he was discharged and handed the discharge letter, the […]
When a training session was being conducted on the second floor of a local hardware store, a few employees realized that their wheelchair-bound colleague would be unable to attend. The colleague requested that they strap him in his wheelchair onto a forklift, in order to hoist him onto the second floor. They gladly obliged. At […]
In R. v. Corporation (City of Guelph), the Ontario Court of Justice declared that an employer’s duty to maintain a safe workplace is a continuing one to which no time limitations apply. In 2003, the City of Guelph undertook to construct a building in one of its parks. An architect and engineer were hired for […]
A recent ruling of the Ontario Court of Appeal has clarified that where an employment agreement provides for a specific amount to be paid to the employee in the event of termination without cause and is silent with respect to mitigation, the employee will not be required to mitigate. The employee in this case, Peter […]
In June 2012, the Ontario Court of Appeal released its’ decision in the Mounted Police Assn. of Ontario v. Canada (Attorney General) case. The decision addresses the scope of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”) which protects freedom of association, a controversial subject which has been addressed by the […]