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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.
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In the case Hucsko v. A.O. Smith Enterprises, [2021] O.J. No. 6307, a long service employee was terminated for cause following an investigation into allegations of sexual harassment and his refusal to apologize for the misconduct. Leading up to the termination of employment, there were several incidences of inappropriate conduct ranging from asking a female […]
The Ontario government announced that the Worker Income Benefit Program will be extended until July 31, 2022. As we have previously indicated, the program was in order to provide aid to employees who had no sick day coverage. In particular, this program provides employees with up to 3 days paid leave in the following circumstances: […]
A recent decision by the Divisional Court, called Nahum v Honeycomb Hospitality Inc., the Court was required to decide the question of whether a pregnancy should increase the length of a notice period of an employee who had their employment terminated whilst pregnant. The employer was not aware that she was pregnant at the time […]
In the recent decision between Ontario Power Generation and The Power Workers Union, the Arbitrator determined three issues, two that are important for unionized employers are as follows: Who bears the cost of testing for unvaccinated employees when it is a requirement of the employer in order to attend the workplace; and Is the termination […]
Since the introduction of Covid-19 vaccinations in early 2021, some employees have refused to get vaccinated for a variety of reasons including privacy, personal belief, medical or religious reasons. In response to the pandemic, many employers have implemented mandatory vaccine policies in an effort to provide safe workplaces. Some policies are being challenged by unions […]
In the case of Perretta v. Rand A Technology Corp. [2021] O.J. No. 1486, the employee filed a summary judgment motion seeking $26,907 in damages for wrongful dismissal. She was a sales representative of the company, and her base salary was $46,500. The employer terminated the employee’s employment without cause on March 31, 2020. The […]
In the recent decision of Kraft v. Firepower Financial Corp., 2021, ONSC 4926, an employee was terminated by the employer without cause. He sued for pay in lieu of notice, commissions, bonuses, holiday and vacation pay. The employee was a specialized commissioned salesperson working in the investment field and focused on mergers and acquisitions. He […]
The recently released decision of Imperial Oil Ltd. v Haseeb, [2021] O.J. No. 2998 from the Divisional Court of Ontario, judicially reviewed the decision of the Human Rights Tribunal of Ontario (HRTO), which determined that an individual could claim direct discrimination based on permanent residency. As part of its recruitment program, Imperial Oil decided only […]
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