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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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Before you send an e-mail to Bird Richard, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.
The Enforceability of Termination Clauses and the Waiver of Common Law Notice
/in Fall 2019 /by BirdRichardOn May 5, 2019, the Ontario Court of Appeal released the Ariss v. NORR Limited Architects & Engineers decision. The majority decision from the Court of Appeal is an important decision for employers regarding the enforceability of termination clause in employment agreements. In 2002, NORR acquired the company that employed Mr. Ariss and continued his […]
Dependant Contractors – More than 50% of Income
/in Fall 2019 /by BirdRichardA dependent contractor is a status that is essentially a middle ground between an employee and an independent contractor. Where a court has determined that the individual does not fall into the category of employee, the court will undertake a test to determine whether the worker is either a dependent contractor or an independent contractor. […]
Bonus Payments – When is an Employee Entitled to a Bonus Payment during a Notice Period?
/in Fall 2019 /by BirdRichardIn Dawe v. Equitable Life Insurance Co. of Canada, the Court of Appeal recently reviewed the circumstances when an employee may be entitled to a bonus payment during a notice period. The case involved an employee (“Mr. Dawe”) who had worked for Equitable Life Insurance as a Senior Vice President. Mr. Dawe’s employment was terminated […]
Ontario Government Places Restrictions on Wage Increases
/in Summer 2019 /by BirdRichardOn June 5, 2019, the Ontario government introduced Bill 124 – the Protecting Sustainable Public Sector for Future Generations Act, 2019 – which imposes restrictions on wage increases and compensation for a variety of unionized and non-unionized workers in Ontario over the next 3 years. The Bill establishes a series of 3-year “modernization periods” depending […]
Employer Liable for Employees Assaulting Each Other
/in Summer 2019 /by BirdRichardIn a recent 2019 decision, Bassanese v. German Canadian News Company Limited et al., the Court has concluded that an employer can be held vicariously liable where one employee assaults another employee. This case involved two employees who did not like each other. Dhanani was employed as an accounts receivable clerk. Bassanese worked in an […]
Constructive Dismissal for Hiring a new Employee
/in Summer 2019 /by BirdRichardThe Court of Appeal of Ontario has recently affirmed the Colistro v. Tbaytel decision from the Superior Court. This case involved allegations by an employee who commenced an action for constructive dismissal, intentional infliction of mental suffering, and wrongful dismissal. Colistro worked for Tbaytel, and its predecessor, the City of Thunder Bay, for nearly 20 […]
No Tort of Harassment in Ontario: Ontario Court of Appeal
/in Summer 2019 /by BirdRichardThe Ontario Court of Appeal has concluded that there is no the tort of harassment in Ontario. By way of background, the employee was a junior RCMP constable when he began and had been promoted to sergeant. The relationship between management and the employee became tense when the employee ran for a nomination for a […]
Nurse Reinstated after Theft of Narcotics from the Workplace
/in Spring 2019 /by BirdRichardOn January 10, 2019, Arbitrator Larry Steinberg released a decision reinstating a nurse who had violated numerous workplace policies, committed theft and falsified medical records. The grievor worked on a full-time basis as a Registered Professional Nurse at a long-term care facility. She had been employed with the employer for approximately 14 years. The grievor […]
Severance Pay Threshold under the Employment Standards Act, 2000 Limited to Ontario Payroll
/in Spring 2019 /by BirdRichardUnder section 64 of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”), employees who are terminated without cause are entitled severance pay. Under the ESA, an employer who has a payroll in excess of 2.5 million must pay additional severance pay to employees with more than five (5) years of service upon termination […]
An Employer’s Duty to Accommodate Drug Use in a Safety-Sensitive Position
/in Spring 2019 /by BirdRichardA recent arbitration decision concerning an employer’s duty to accommodate a medical cannabis user rendered in Newfoundland has recently been judicially reviewed and upheld. The arbitration decision, Lower Churchill Transmission Construction Employers’ Assn. Inc. and Valard Construction LP v. International Brotherhood of Electrical Workers, Local 1620 (Tizzard), 2018 CarswellNfld 198, 136 C.L.A.S. 26, dealt with […]