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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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Termination was Discriminatory as “Ultimate Reason” of Employee’s Dismissal
/in Spring 2017 /by BirdRichardIn Ben Saad v 1544982 Ontario Inc., the Human Rights Tribunal of Ontario determined the termination of Ben Saad, the employee, was discriminatory on the basis of his disability. Mr. Saad and three Tunisian friends came to Canada in June of 2014 on a work permit to work as welders for Windsor Management, the […]
Employers to Pay the Price: Extended Parental Leave Policies
/in Spring 2017 /by BirdRichardThe Federal Budget, released on March 22, 2017, proposes to change the current Employment Insurance (EI) parental benefits regime to allow parents to choose between: an extended period of EI parental benefits of up to 18 months at a lower benefit rate of 33 per cent of average weekly earnings; or to remain at the […]
Duty to Accommodate does not include a “duty to allow an employee not to work”, Court holds
/in Winter 2017 /by BirdRichardIn Ontario Public Service Employees Union v. Ontario (Children and Youth Services), the Divisional Court upheld the decision of the Ontario Grievance Board. The Board held that the employer had not breached its duty to accommodate the employee’s disability when it terminated his employment on the ground of innocent absenteeism. Mr. Bartolotta, who worked as […]
$50,000.00 in Punitive Damages Awarded to Dismissed Employee for Breach of the Duty of Good Faith
/in Winter 2017 /by BirdRichardIn Morison v. Ergo-Industrial Seating Systems Inc., the Ontario Superior Court found not only that the Plaintiff was wrongfully dismissed, but that the employer had made allegations of just cause with no reasonable support in order to improve its negotiation position. The Plaintiff was a 58-year old regional manager of who had been in the […]
Legislative Update – Amendments to the Canadian Human Rights Act and the Criminal Code will create protections based on gender identity or expression
/in Winter 2017 /by BirdRichardOn May 17, 2016, Bill C 16 – An Act to amend the Canadian Human Rights Act and the Criminal Code passed first reading in the Senate. The federal Bill proposes amendments to the Canadian Human Rights Act, which seeks to extend equal opportunities in employment and provision of services, without hindrance from discriminatory practices […]
Decision to Dismiss Discrimination Complaint of Employee was Unreasonable
/in Winter 2017 /by BirdRichardIn Dupuis v. Canada (Attorney General), the Federal Court granted the Application for Judicial Review of a Canadian Human Right’s decision to dismiss the employee’s complaint alleging discrimination on the basis of disability. Mr. Dupuis was employed in the Public Service of Canada since 1988. For the first few years of his employment with Statistics […]
Three Months’ Service Employee Entitled to Damages for the Entire Duration of Fixed-Term Contract
/in Winter 2017 /by BirdRichardIn Ballim v. Bausch & Lomb Canada Inc., the Ontario Superior Court of Justice determined that Samina Ballim was wrongfully dismissed by her employer, Bausch and Lomb Canada Inc., on the basis that she was terminated before the expiration of the term of her fixed-term contract of employment. Ms. Ballim discussed the possibility of employment […]
A Non-Competition Clause Disguised as a Non-Solicitation Clause
/in Fall 2016 /by BirdRichardIn Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal found that a clause that appeared to be a non-solicitation clause was, in practice, a non-competition clause. The clause at issue provided as follows: The [personal respondent] agrees that in the event of termination or resignation that she will not solicit or accept business […]
Upcoming Seminars
/in Fall 2016 /by BirdRichardHRPA 2016 Ottawa Law Conference Thursday, October 27, 2016 9:00 a.m. to 4:00 p.m. Ottawa Conference and Event Centre, 200 Coventry Road, Ottawa Caroline Richard will be participating as a panelist at the Conference and discussing what is legally required in relation to return to work protocols for an injured or disabled employee. […]
Termination of Older and Long Term Employees – 24 Months Reasonable Notice of Termination
/in Fall 2016 /by BirdRichardIn Stephanie Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice concluded that Ms. Ozorio was wrongfully dismissed and was entitled to receive 24 months’ payment of salary and benefits. The employer, the Canadian Hearing Society, terminated Ms. Ozorio without notice. Ms. Ozorio had worked for the Society for 30 years, was 60 […]