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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
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Superior Court of Ontario strikes down Canada Labour Code Termination Clause
/in Blog /by BirdRichardOntario employers are well aware of the issues relating to poorly written termination clauses. Specifically, in Ontario employers who have termination clauses which are contrary to the Employment Standards Act, 2000, will be liable for common law notice if the employee is terminated without cause. There is little case law with respect to termination clauses […]
Ontario Court of Appeal Changes the law on Termination Clauses Again!
/in Blog /by BirdRichardAs an employment lawyer for employers, whenever a client asks whether they should have a contract in place for their employees, my answer is always “yes, absolutely!”. While employment contracts are good for the parties to understand their rights and obligations in the relationship, they also contain important clauses which protect parties’ interests. One of […]
What are the Termination Requirements for Construction Workers in Ontario Again?
/in Blog /by BirdRichardAs it currently stands, non-unionized construction workers are not entitled to notice of termination, termination pay, or severance pay pursuant to the O.Reg.288/01 of the Employment Standards Act, 2000. A construction employee is defined as follows by the ESA: “construction employee” means, (a) an employee employed at the site in any of the activities described […]
Managing Employees in the Age of COVID-19
/in Seminars /by BirdRichardSweeping Changes to the Canada Labour Code Harassment and Violence in the Workplace Regulations
/in Fall 2020 /by BirdRichardOn June 24, 2020, the Minister of Labour announced the new Workplace Harassment and Violence Prevention Regulations that will come into force on January 1, 2021. The regulations will amend the Canada Labour Code, and will replace Part XX of the Canada Occupational Health and Safety Regulations. The following are some highlights of the legislation: […]
New Canada Labour Code Changes to Internship Rules
/in Fall 2020 /by BirdRichardChanges to the Canada Labour Code, R.S.C., 1985 took effect on September 1, 2020 and will be passed through the Standards for Work-Integrated Learning Activities Regulations. These regulations have been passed in order to offer additional protections for interns and student interns working for federally regulated industries or workplaces. An intern does not have to […]
Employer Considerations for Employees Working from Home
/in Fall 2020 /by BirdRichardAs a result of COVID-19, employers are increasingly offering employees the opportunity to work from home. As many employers have recognized, at-home work is likely a necessity given the realities of COVID-19. Even after the pandemic has passed, it is likely that Canadian workplaces are forever changed as a result. As such, we have outlined […]
Superior Court says Layoff permissible based on Verbal Agreement, not Constructive Dismissal
/in Fall 2020 /by BirdRichardThere is a line of authority that says an employer cannot lay off an employee without a clear contractual right to do so (express or implied) and that in the absence of that contractual right, the imposition of a layoff (including a temporary layoff as permissible under the Ontario Employment Standards Act, 2000) constitutes constructive […]
Supreme Court of Canada allows Uber Driver Class Action for Minimum Wage
/in Summer 2020 /by BirdRichardOn June 26, 2020, the Supreme Court of Canada rendered a landmark decision which has opened up the door for an enormous class action lawsuit by Uber drivers for minimum wage. To become an Uber driver, individuals were required accept a standard services agreement which provided that they were independent contractors and that any dispute […]
COVID-19: A Summary of Legislated Changes Related to the Emergency
/in Summer 2020 /by BirdRichardCOVID-19 has resulted in a flurry of changes to legislation throughout Ontario and Canada. In order to stay on top of the changes, we have provided a summary of the changes to Ontario and the Federal legislation below: Ontario Ontario modified the Employment Standards Act, 2000 (“ESA”), by implementing the Emergency Leave: Declared Emergencies and […]