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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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Short Service Executives – Long Common Law Notice Periods
/in Fall 2025 /by BirdRichardForget about one month of notice per year of service for short-service employees. There is trend in employment law of generous notice period awards for short-service employees that were previous reserved for those with longer tenures. The upwards tick in notice periods is most apparent for short-service executives, due to their specialized knowledge, limited availability […]
Fixed-Term Employment Contracts and the Enforceability of Termination Clauses
/in Fall 2025 /by BirdRichardThe Manitoba case Hebert v. Colin’s Mechanical Service Ltd., 2025 MBKB 87 considered the amount of pay in lieu of notice an employee is entitled to, per the termination clause of his employment agreement. In 2021, George Hebert entered into a share purchase agreement with Colin’s Mechanical Service Ltd. for his electrical contracting business. […]
Ontario Superior Court Upholds Termination Clause Utilizing “sole discretion” and “at any time” Language
/in Fall 2025 /by BirdRichardSeveral recent decisions out of the Ontario courts have sparked controversy surrounding the enforceability of termination clauses that include the wording “sole discretion” and “at any time.” In Dufault v. Ignace (Township), 2024 ONSC 1029 (“Dufault”), the court held that “sole discretion” and “at any time” language in a termination clause breached the Employment […]
Termination Clauses – Cautionary Tale of Ambiguity and a Missing Comma
/in Fall 2025 /by BirdRichardThe recent decision of Brocklehurst v. Micco Companies Limited, 2025 NSSC 192, from the Nova Scotia Supreme Court, serves as an important reminder for employers to use clear and unambiguous language in termination clauses. Termination clauses are a crucial component of a contract within the employment relationship as it outlines what entitlements the employee […]
Federal Court of Appeal Upholds Drug and Alcohol Testing for Nuclear Industry Workers
/in Summer 2025 /by BirdRichardIn Power Workers’ Union v. Canada (Attorney General), 2024 FCA 182, the Federal Court of Appeal (FCA) upheld the constitutionality and reasonableness of pre-placement and random alcohol and drug testing for safety-critical workers in the nuclear sector. This ruling affirms that legislatures can impose such testing requirements within safety-sensitive industries. The Canadian Nuclear Safety Commission […]
Digital Platform Workers’ Rights
/in Summer 2025 /by BirdRichardA digital platform is defined as an online platform that allows workers to choose to accept or decline digital platform work. Uber is a familiar example of a digital platform operator. The Digital Platform Workers’ Rights Act, 2022, and its associated regulations, came into force on July 1, 2025. The Act imposed new obligations on […]
Notable Win for Employers – Ontario Court of Appeal Upholds Enforceability of Unambiguous Termination Clause
/in Summer 2025 /by BirdRichardBertsch v. Datastealth Inc., 2025 ONCA 379, is a welcomed decision that stands out amid a long trend of increased judicial scrutiny of employment contracts. The Ontario Court of Appeal has confirmed the enforceability of a termination clause that limits an employee’s entitlements to the minimum standards under the Employment Standards Act, 2000 (“ESA”). The […]
Alberta Court Finds Return-to-Office Mandate was Constructive Dismissal for Employee who was Hired Prior to the Pandemic as a Remote Worker
/in Summer 2025 /by BirdRichardIn Nickles v. 628810 Alberta Ltd., 2025 ABKB 212, a judge of the Alberta Court of King’s Bench has ruled that an employer’s directive requiring an employee to return to the office constituted a constructive dismissal. Constructive dismissal arises when an employer unilaterally makes a significant change to a fundamental term of employment without the […]
EMPLOYMENT CONTRACT COMPLIANCE: IMPLICATIONS OF BAKER v. VAN DOLDERS FOR ONTARIO’S EMPLOYERS
/in Spring 2025 /by BirdRichardOntario employers should take note of the recent decision in Baker v. Van Dolders Home Team Inc., 2025 ONSC 952, which underscores the importance of carefully drafting termination clauses in employment contracts. This ruling from the Ontario Superior Court of Justice, released on February 11, 2025, highlights the high legal standards to which employers are […]
NEW OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS – CLEAN WASHROOM FACILITIES
/in Spring 2025 /by BirdRichardEffective July 1, 2025: A constructor or employer is required to ensure that any washroom facilities provided for worker use are maintained in a clean and sanitary condition. The constructor or employer is also required to keep, maintain and make available records of the cleaning of washroom facilities. Effective January 1, 2026: Cleaning records must […]