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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.
Ontario Court of Appeal Upholds 26 months’ Notice to Deemed Dependent Contractors
/in Spring 2016 /by BirdRichardIn our Summer 2015 Newsletter, we reported on an Ontario Superior Court of Justice decision whereby two dependent contractors, Mr. and Ms. Keenan, with respectively 32 and 25 years of service, were awarded 26 months’ wages in lieu of reasonable notice of termination. At issue at trial was whether the plaintiffs were dependent contractors or […]
Bill 132 to Amend the OHSA and Strengthen its Protections against Harassment
/in Spring 2016 /by BirdRichardBack in March 2015, the provincial government introduced “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment”. One of the many commitments contained in the action plan was the introduction of legislation to strengthen Ontario’s Occupational Health and Safety Act (OHSA). As a result, Bill 132, Sexual Violence and Harassment Action Plan […]
Offer Letter Now, Employment Contract Later?
/in Winter 2016 /by BirdRichardCourt of Appeal Shows that this Approach can Cost Employers In Holland v. Hostopia.com Inc., 2015 ONCA 762, the employer did what many well-meaning but busy employers do when hiring a new employee: provide a bare-bones offer letter, and follow up with a more detailed employment agreement once the employee has settled in. However, as […]
Ontario Human Rights Tribunal Upholds Termination of Employee who Failed to Provide Medical Support for Absence
/in Winter 2016 /by BirdRichardIn Hitchcock v. Lafarge Canada Inc., 2015 HRTO 1296 (CanLII), the Human Rights Tribunal of Ontario reiterated the limits on the employer’s duty to inquire regarding an employee’s disability and need for accommodation, and the corresponding obligation on employees to keep their employers informed. Stanley Hitchcock was a “Ready Mix” truck driver with three years’ […]
Ontario Human Rights Tribunal Finds Employer Properly Required Employee to Undergo IME
/in Winter 2016 /by BirdRichardIn Bottiglia v. Ottawa Catholic School Board, 2015 HRTO 1178, the Human Rights Tribunal of Ontario (“the Tribunal”) considered whether the employer failed to fulfil its duty of accommodation by requiring an employee to participate in an independent medical examination (IME). Marcello Bottiglia was a Superintendent of Schools for the Ottawa Catholic School Board (“the […]
Zero Tolerance for Marijuana in the Workplace Policy Upheld
/in Fall 2015 /by BirdRichardIn the recent decision of French v. Selkin Lodging Ltd., the British Columbia Human Rights Tribunal upheld an employer’s policy that prohibited marijuana use in the workplace, notwithstanding the prima facie case of discrimination established by an employee who used marijuana to treat his physical disability. John French was a cancer survivor who was employed […]
Union Financial Disclosure Bill Becomes Law
/in Fall 2015 /by BirdRichardIf you have ever wondered how exactly the unions associated with your organization spend the dues they collect from your employees, you may soon have some answers. Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations) was a private member’s bill first introduced over two years ago. It has now […]
New Penalties for Non-Compliance with Foreign Worker Programs
/in Fall 2015 /by BirdRichardDoes your organization make use of the Temporary Foreign Worker and/or International Mobility Programs? If so, you now have added incentive to ensure your business is compliant with all program rules and conditions: as of December 1st, 2015, new penalties for non-compliance will come into force. Currently, the consequences of non-compliance by employers are generally […]
Family Status Includes Accommodating Eldercare
/in Fall 2015 /by BirdRichardIn Canada (Attorney General) v. Hicks, the Federal Court recently confirmed that the ground of family status in the Canadian Human Rights Act can protect eldercare responsibilities. Mr. Hicks worked for the federal government in Nova Scotia. He was relocated to a new position in Ottawa when his previous position became redundant. Mr. Hicks’ wife […]
Termination of Disabled Employee due to Workplace Violence Not Discriminatory
/in Fall 2015 /by BirdRichardIn Bellehumeur v. Windsor Factory Supply Ltd., the Court of Appeal of Ontario confirmed an employer’s decision to terminate an employee with a mental disability following an instance of workplace violence. The employer, Windsor Factory Supply, had been accommodating Mr. Bellehumeur for various disabilities he had reported over time, including alcoholism, thyroid and cardiac issues. […]