PRIVACY POLICY
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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
DISCLAIMER
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.
Bonuses are Owed during the Notice Period
/in Fall 2016 /by BirdRichardIn two decisions issued on the same day, Lin v. Ontario Teachers’ Pension Plan and Paquette v. TeraGo Networks Inc., the Ontario Court of Appeal held that terminated employees could claim unpaid bonuses as part of the damages in their wrongful dismissal claims. The employment agreements included terms which required the employee to be actively […]
Fixed-Term Contracts – Getting It Right
/in Fall 2016 /by BirdRichardIn Joss Covenoho v. Pendylum, the Ontario Court of Justice determined that the termination provision in the fixed-term contract properly limited the employer’s liability upon termination. The employee was hired by Pendylum Inc. through a one year fixed-term agreement. Pendylum informed its employees that it was introducing mandatory education and criminal background checks and that […]
Decision to strike down Random Drug and Alcohol Testing Policy is Unreasonable, Alberta Court Holds
/in Summer 2016 /by BirdRichardIn Suncor Energy Inc. v Unifor Local 707A, the Court of Queen’s Bench of Alberta overturned an arbitration panel’s decision to strike down the employer’s random drug and alcohol testing policy on the basis that it failed to consider evidence of security problems in the workplace. The employer, Suncor Energy Inc., operates in the Athabasca […]
New ESA Requirements Coming into Force for Tips and other Gratuities
/in Summer 2016 /by BirdRichardOn June 10, 2016 amendments the Employment Standards Act, 2000 came into force and clarified procedures for managing tips and gratuities in the workplace. Notably, the amendment defines “tip or gratuity” and bars employers from withholding, deducting from, or causing the return of tips, or other gratuities, except as authorized. The amendments include some exceptions […]
New Act Limits Police Record Checks Disclosure and Standardizes Procedures
/in Summer 2016 /by BirdRichardOn December 1, 2015, the Government of Ontario passed Bill 113, the Police Record Checks Reform Act, 2015. The Act, which is not yet in force, states what information can be released through police record checks and creates uniformity in disclosure procedures. Consequently, individuals and organizations seeking to obtain police record checks will only be […]
ORPP Cancelled in light of Agreement in Principle to Enhance CPP
/in Summer 2016 /by BirdRichardBill 186, Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 received Royal Assent on June 9, 2016. The purpose of the Ontario Retirement Pension Plan was to be a provincially-managed pension plan aimed at providing retirement income to employees without pension plan options at work. On June 20, 2016, Ontario Finance Minister […]
Ontario to Raise Minimum Wage
/in Summer 2016 /by BirdRichardThe Ontario government announced that the general minimum wage will be raised from $11.25 to $11.40 on October 1, 2016. The minimum wage rates for liquor servers will increase from $9.80 to $9.90 per hour. This raise, the tenth since 2003, maintains Ontario’s minimum wage as the highest of any province in Canada. Minimum wage […]
Beware the Fixed Term Contract
/in Summer 2016 /by BirdRichardIn Howard v Benson Group Inc., the Ontario Court of Appeal concluded that employees employed under a fixed term contract that does not provide for early termination without cause, are entitled to payment of the unexpired portion of the contract upon early termination of the contract. The Court of Appeal also stated that the duty […]
Firm Announcement
/in Summer 2016 /by BirdRichardThe Firm welcomes our new Summer Student, Alexandra Callinan. Alexandra will be entering her second year in the University of Ottawa’s Common Law Program this fall.
Employers to Accommodate Employees who Have Experienced Sexual or Domestic Violence
/in Summer 2016 /by BirdRichardThe Domestic and Sexual Violence Workplace Leave, Accommodation and Training Act, 2016, or Bill 177, had its second reading on March 10, 2016 and is currently being considered by the Standing Committee on Justice Policy. If passed, the Bill will: Amend the ESA to include definitions of “domestic violence”, “intimate partner”, and “sexual violence.” Require […]