Entries by BirdRichard

Arbitrator Justifies Employer Access to Employee’s Personal Cell Phone Records

Teamsters Canada Rail Conference v. Canadian Pacific Railway Company, (June 23, 2010) Case No. 3900 (Picher). Following a number of serious railway collisions, the Canadian Pacific Railway (“CPR”) adopted a policy asking employees to provide copies of their personal cell phone records as part of an investigation regarding any significant accident that continued to be […]

Criminal Charges Laid in Case Involving Death of Four Workers

Company officials in Ontario have been charged with criminal negligence as a result of a workplace fatality. Criminal charges were laid after the death of four employees in Toronto on Christmas Eve, 2009. The swing-stage where the employees had been working broke apart while the employees were restoring the exterior of an apartment building. The […]

Attendance Management Program Resulted in Systemic Discrimination for Disabled Employees

In Coast Mountain Bus Company, the British Columbia Court of Appeal recently restored a British Columbia Human Rights Tribunal decision that found that certain aspects of Coast Mountain’s attendance management program (“AMP”) were discriminatory. This decision of the Court of Appeal overturned a 2009 decision of the British Columbia Supreme Court. Coast Mountain’s AMP program […]

Potential New Legislation to Govern Human Resources Professionals

Since the enactment of the Human Resources Professionals Association of Ontario Act, 1990, human resources professionals in Ontario have been a self-regulated profession, governed by the Human Resources Professionals Association (HRPA). Currently, the HRPA sets standards of practice and grants designations, including the Certified Human Resources Professional (CHRP) designation and the Senior Human Resources Professional […]

Ministry of Labour Proposes New Regulation under the OHSA

As part of the initiative to implement recommendations put forward by the Expert Advisory Panel on Occupational Health and Safety led by Tony Dean, the Ministry of Labour has proposed a new regulation under Ontario’s Occupational Health and Safety Act (“OHSA”, “the Act”). The regulation would assist workers who believe they have suffered a reprisal […]

Ontario Labour Relations Board Cannot Extend Time Limits, Says Divisional Court

In a recent decision, the Ontario Divisional Court held that the Ontario Labour Relations Board (the “Board”) cannot extend the time limits for the referral of a grievance to arbitration. In Greater Essex County District School Board v. United Association, the Collective Agreement between the parties contained a time limit for the referral of a […]

Another Arbitral Look at Bill 168

In National Steel Car Ltd. v. United Steelworkers, Local 7135, Arbitrator Craven addressed a situation of workplace violence and the impact of Bill 168. The grievor was a radio control crane operator who worked under the direction of Al Gogo, a lead hand, and under the supervision of foreman Albert Cule. There was a history […]

Cause of Action for Invasion of Privacy Recognized in Ontario

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 Welcomes New Partner and Senior Associate

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, […]

New Privacy Tort Does Not Impact Employer’s Right to Employee Medical Information

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 […]