Bird Richard is centrally located in Ottawa and serves clients nationally. Our clients range from large Crown Corporations with national operations to small local construction firms. We also provide services to corporations in Alberta, in the Northwest Territories and in Nunavut.
In the recent decision Rougoor v. Goodlife Fitness Centres Inc., 2024 HRTO 31, the Tribunal clarified employer obligations in handling harassment complaints; particularly those brought by former employees after their employment has ended. The Tribunal concluded that employers are not legally required to investigate complaints filed after an employee’s termination. Additionally, the Tribunal examined the […]
In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal found that medical evidence is not required to establish an employee’s physical inability to mitigate damages. Further, the Court considered the criteria for awarding aggravated damages, and whether they can be granted when an employer acts in bad faith. The […]
Recent changes to Canada’s Temporary Foreign Worker (TFW) Program have introduced several important measures affecting both employers and foreign workers, particularly in Ontario. These updates, which took effect on September 26, 2024, are part of a broader strategy to recalibrate the program and reduce reliance on temporary workers in favor of Canadian talent. Key Changes […]
The Supreme Court of Canada (“SCC”) recently decided in York Region District School Board v. Elementary Teachers Federation of Ontario that the Canadian Charter of Rights and Freedoms (“Charter”) applies to Ontario public school boards. Specifically, the application of the s. 8 right to be free from unreasonable search and seizure in the workplace. The […]
A string of recent decisions released by the Alberta Human Rights Tribunal (“the Tribunal”) confirmed the evidence required to support claims for discrimination under the Alberta Human Rights Act (“the Act”). More stringent, clearer standards will allow employers to navigate requests for accommodation with less fear of grievances or claims arising under the Act. Although […]
Bill 5-58, An Act to Amend the Canada Labour Code and the Canada Industrial Relations Board Regulations (“the Bill”) was recently passed through the House of Commons and is awaiting Royal Assent. It proposes changes to the Canada Labour Code (“CLC”) that will further prohibit the use of temporary replacement workers in federally-regulated workplaces during […]
Even after most COVID restrictions have been lifted, a recent decision upheld the right of employers to mandate health standards in the workplace. In May 2024, Robin Francis v. Canada (AG) confirmed that workers who fail to comply with workplace vaccination policies are guilty of wilful misconduct, and thereby disqualified from receiving Employment Insurance. Dr. […]
Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), formerly known as Bill S-211, is the country’s new legislation intended to combat modern slavery. Enacted in 2023, this Act addresses the presence of forced and child labour in global supply chains, requiring companies to report the measures they have taken […]
In 2019, the Ontario legislature passed Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act (“Bill 124”), which imposed a 1% cap per year on increases to salary rates and compensation for three years for employees in the broader public sector and was introduced by the Ontario government as a measure to […]
In today’s dynamic work landscape, businesses are continuously seeking innovative ways to optimize efficiency and productivity. Among the myriad of strategies, leveraging Artificial Intelligence (AI) has emerged as a powerful tool for tracking and monitoring employee performance. In 2022, the Ontario government amended the Ontario Employment Standards Act, 2000 (the “ESA”) to require employers that […]
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Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
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