PRIVACY POLICY
Bird Richard recognizes the importance of privacy and the sensitivity of personal information it collects about its employees and clients. READ MORE >>>
BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
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Update on Cruden: Procedural Duty of Accommodation
/in Fall 2014 /by BirdRichardThe winter edition of EMPLAWYERS’ UPDATE informed our readers about the Federal Court decision that determined the Canadian Human Rights Act (the “Act”) does not impose procedural duties on employers in the course of fulfilling the duty of accommodation. On May 20, 2014, dismissing an appeal by the Canadian Human Rights Commission (“the Commission”), the […]
Employers Cannot Be Forced to Resume Business, Rules Canada’s Top Court
/in Fall 2014 /by BirdRichardWal-Mart began operating in Jonquiere, Quebec in 2001. The United Food and Commercial Workers, Local 503 (“the Union”) became the certified bargaining agent for its employees in 2004. After several months of unsuccessful negotiations, an arbitrator was appointed to establish the first collective agreement between the parties. Just one week later, Wal-Mart announced its intention […]
Discrimination and Family Status: the Federal Court of Appeal Weighs In
/in Summer 2014 /by BirdRichardThe Federal Court of Appeal has decided that discrimination on the basis of family status is established where a work schedule interferes with an employee’s childcare obligations, and the employee has been unsuccessful in reasonable efforts to make alternate arrangements. The decision in Johnstone v. Canada (Border Services), released on May 2nd, 2014, partially allowed […]
Legislative Update: Leaves to Help Families
/in Summer 2014 /by BirdRichardIn the Spring 2013 issue of EMPlawyers Update, we informed readers about Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013, which amends the Employment Standards Act, 2000 (ESA) to create the following leaves: Family caregiver leave: up to eight weeks of unpaid, job-protected leave for employees to provide care or support […]
Suncor v. Unifor: Universal Random Drug and Alcohol Testing Policies
/in Summer 2014 /by BirdRichardIn a decision released this Spring, an arbitration board ruled that Suncor Energy Inc.’s drug and alcohol testing policy was in violation of employees’ privacy rights. In May of 2012, when Canadian oil and gas producing company, Suncor, announced its intention to implement a random drug and alcohol testing policy that would apply to employees […]
House of Lords in UK Finds Pleural Plaques not Compensable
/in Fall 2008 /by BirdRichardThe United Kingdom’s highest court recently decided unanimously in the Rothwell decision that workers who have been exposed to asbestos in the course of their employment and have developed pleural plaques (a condition involving benign growths in the lining of the lungs caused by asbestos exposure) are not eligible to claim compensation in negligence. Previously, […]
La Cour suprême du Canada explique le devoir d’accommodement
/in Fall 2008 /by BirdRichardDans sa décision récente, Hydro-Québec c. Syndicat des employées de techniques professionnelles et de bureaux d’Hydro-Québec, section locale 2000 (SCFP-FTQ), la Cour suprême du Canada a expliqué l’étendue du devoir d’accommodement d’un employeur lorsqu’un employé est congédié pour des absences liées à un handicap. L’employée a travaillé chez Hydro-Québec pendant 24 ans avant son congédiement. […]
Amendments to Alberta’s Labour Relations Code
/in Fall 2008 /by BirdRichardOn June 9, 2008, Bill 26 received Royal Assent in Alberta. The bill, which will come into effect on proclamation, introduces three main changes to the Labour Relations Code: 1. Ambulance attendants are prohibited from striking and their employers are prohibited from locking them out. The parties must instead arbitrate their disputes. 2. Building Trade […]
Unilateral Changes to the Employment Contract: Ontario Court of Appeal Changes the Legal Test
/in Fall 2008 /by BirdRichardIn the recent decision of Wronko v. Western Inventory Service Ltd., the Ontario Court of Appeal muddied the waters with respect to an employer’s obligations when seeking to unilaterally modify an existing employment contract. Wronko had been employed by Western Inventory for seventeen years. When a new company President was appointed, the President asked Wronko […]
Supreme Court Clarifies Employers’ Duty to Accommodate
/in Fall 2008 /by BirdRichardIn the recent decision of Hydro-Québec v. Syndicat des employées de techniques professionnelles et de bureaux d’Hydro-Québec, section locale 2000 (SCFP-FTQ), the Supreme Court clarified the scope of an employer’s duty to accommodate when terminating an employee for disability-related absenteeism. The employee had worked for Hydro-Quebec for 24 years. Between 1994 and 2001, despite the […]