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.
Human Rights Application Withdrawn on First Day of Hearing Warrants Sanctions
/in Summer 2015 /by BirdRichardIn Drummond v. Community Living Ajax Pickering Whitby, (“Drummond”), the Human Rights Tribunal of Ontario (the “Tribunal”) barred the Employee from filing any future applications against the Employer and declared the Application unsubstantiated. In Drummond, an Employee filed an Application alleging discrimination with respect to employment because of disability and reprisal contrary to the Human […]
Beware the Dependent Contractor: Court Awards 26 Months’ Notice
/in Summer 2015 /by BirdRichardIn the case of Keenan v. Canac Kitchens, the Ontario Superior Court of Justice reminds employers of the factors to be considered in discerning whether an independent contractor agreement or relationship is actually not an employee relationship… or something else. Lawrence Keenan worked for Canac from 1976 to 2009. Mr. Keenan’s wife worked for Canac […]
No Stand-Alone Procedural Rights under the Canadian Human Rights Act
/in Winter 2014 /by BirdRichardThe Federal Court has recently ruled that the Canadian Human Rights Act (the Act) does not include a stand-alone right to procedural accommodation. In a recent application to the Federal Court, the Canadian International Development Agency requested that the Court overturn a decision of the Canadian Human Rights Tribunal. The Tribunal had allowed a complaint […]
Suspension with Pay May Constitute Constructive Dismissal
/in Spring 2015 /by BirdRichardIn Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada concluded that a non-unionized employee who is suspended with pay is constructively dismissed when there is no express or implied authority for the suspension of the employee and the suspension is both unjust and unreasonable. Mr. Potter, the employee, was a […]
Canada’s Top Court Constitutionalizes the Right to Strike
/in Spring 2015 /by BirdRichardIn Saskatchewan Federation of Labour v. Saskatchewan, the Supreme Court of Canada established that the right to strike is constitutionally protected by the freedom of association guaranteed by section 2 of Canadian Charter of Rights and Freedoms (the “Charter”). The Saskatchewan Federation of Labour on behalf of several unions challenged the constitutionality of the Public […]
Supreme Court Defines “A Meaningful Collective Bargaining Process”
/in Spring 2015 /by BirdRichardIn Mounted Police Association of Ontario v. Canada (Attorney General), the Supreme Court of Canada decided that excluding members of the Royal Canadian Mounted Police (“RCMP”) from collective bargaining under the Public Service Labour Relations Act, (“PSLRA”), and imposing a non-unionized labour relations regime violated the freedom of association guaranteed by section 2(d) of the […]
LEGISLATIVE UPDATES
/in Spring 2015 /by BirdRichardLegislative Updates: Bill C-45 and Bill 525 – Amendments to the Canada Labour Code New formula for holiday pay The Jobs and Growth Act, 2012 (“Bill C-45”), amended the Canada Labour Code (“Code”) on March 16, 2015 to simplify the formula for calculating holiday pay for all employees of federally regulated employers, replacing the various formulae that have […]
Firm Announcements
/in Winter 2015 /by BirdRichardThe Firm welcomes our new Associate, Marie-Michèle Pellerin-Auprix. Marie-Michèle recently completed her articles and has been called to the Bar. We are proud to announce that our Partner, Annie G. Berthiaume, has been appointed as Vice-Chair to the Canadian Industrial Relations Board effective January 2015.
Words on Pregnancy and Parental Benefits from the Supreme Court
/in Winter 2015 /by BirdRichardThe case began in February 2011 when the British Columbia Teachers’ Federation filed a grievance against the Surrey School Board, which is represented at the bargaining table by British Columbia Public School Employers’ Association. In the collective agreement, the Surrey School Board benefits plan provides birth mothers, birth fathers and adoptive parents with 95% of […]
Non-Continuous Service and Reasonable Notice: Cautionary Tale for Employers
/in Winter 2015 /by BirdRichardIn Vist v. Best Theratronics Ltd., the Ontario Superior Court considered the impact of non-continuous service on the calculation of reasonable notice of termination in a non-unionized workplace. The Court held that when determining the appropriate amount of reasonable notice of termination, years of service earned prior to periods of service interruptions will be taken […]