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
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.
Court of Appeal Quashes a $1.6 Million Wrongful Dismissal Award
/in Fall 2011 /by BirdRichardAfter a trial judge granted an award of $1.6 million, in addition to pay in lieu of notice, the Alberta Court of Appeal quashed the damage award, and leave to appeal was denied by the Supreme Court of Canada. After five years as one of the top performers at the investment broker Merrill Lynch in […]
Divisional Court Confirms Christian Employer can Benefit from Human Rights Code Exemption
/in Winter 2011 /by BirdRichardChristian Horizons is an organization created in 1965 that ministers to developmentally disabled persons in an Evangelical Christian Environment. However, it serves people regardless of their faith. Connie Heintz was employed by Christian Horizons as a support worker. As part of her employment contract, she was required to sign a “Lifestyle and Morality Statement” (“the […]
Government Charged Following Workplace Fatality
/in Winter 2011 /by BirdRichardThe Canadian government has been charged following a boiler explosion in Ottawa that occurred on October 19th, 2009. The explosion took place at the Cliff Central Heating and Cooling Plant near Parliament Hill, resulting in the death of an engineer, and seriously injuring others. Federal health and safety officers had recommended that several charges be […]
Arbitrator Justifies Employer Access to Employee’s Personal Cell Phone Records
/in Winter 2011 /by BirdRichardTeamsters Canada Rail Conference v. Canadian Pacific Railway Company, (June 23, 2010) Case No. 3900 (Picher). Following a number of serious railway collisions, the Canadian Pacific Railway (“CPR”) adopted a policy asking employees to provide copies of their personal cell phone records as part of an investigation regarding any significant accident that continued to be […]
Criminal Charges Laid in Case Involving Death of Four Workers
/in Winter 2011 /by BirdRichardCompany officials in Ontario have been charged with criminal negligence as a result of a workplace fatality. Criminal charges were laid after the death of four employees in Toronto on Christmas Eve, 2009. The swing-stage where the employees had been working broke apart while the employees were restoring the exterior of an apartment building. The […]
Attendance Management Program Resulted in Systemic Discrimination for Disabled Employees
/in Winter 2011 /by BirdRichardIn Coast Mountain Bus Company, the British Columbia Court of Appeal recently restored a British Columbia Human Rights Tribunal decision that found that certain aspects of Coast Mountain’s attendance management program (“AMP”) were discriminatory. This decision of the Court of Appeal overturned a 2009 decision of the British Columbia Supreme Court. Coast Mountain’s AMP program […]
Potential New Legislation to Govern Human Resources Professionals
/in Spring 2012 /by BirdRichardSince the enactment of the Human Resources Professionals Association of Ontario Act, 1990, human resources professionals in Ontario have been a self-regulated profession, governed by the Human Resources Professionals Association (HRPA). Currently, the HRPA sets standards of practice and grants designations, including the Certified Human Resources Professional (CHRP) designation and the Senior Human Resources Professional […]
Ministry of Labour Proposes New Regulation under the OHSA
/in Spring 2012 /by BirdRichardAs part of the initiative to implement recommendations put forward by the Expert Advisory Panel on Occupational Health and Safety led by Tony Dean, the Ministry of Labour has proposed a new regulation under Ontario’s Occupational Health and Safety Act (“OHSA”, “the Act”). The regulation would assist workers who believe they have suffered a reprisal […]
Ontario Labour Relations Board Cannot Extend Time Limits, Says Divisional Court
/in Spring 2012 /by BirdRichardIn a recent decision, the Ontario Divisional Court held that the Ontario Labour Relations Board (the “Board”) cannot extend the time limits for the referral of a grievance to arbitration. In Greater Essex County District School Board v. United Association, the Collective Agreement between the parties contained a time limit for the referral of a […]
Another Arbitral Look at Bill 168
/in Spring 2012 /by BirdRichardIn National Steel Car Ltd. v. United Steelworkers, Local 7135, Arbitrator Craven addressed a situation of workplace violence and the impact of Bill 168. The grievor was a radio control crane operator who worked under the direction of Al Gogo, a lead hand, and under the supervision of foreman Albert Cule. There was a history […]