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.
Important Arbitration Decisions of 2011
/in Winter 2012 /by BirdRichardThe following 2011 arbitral decisions clarified the law with respect to terminations for workplace violence, what medical information an employer is entitled to, and attendance management. Kingston v. CUPE, Local 109: An employee with 28 years of service with the City of Kingston had a history of angry outbursts, and had received many warnings and […]
Employee Privacy Rights at Work: An Update
/in Winter 2013 /by BirdRichardIn previous newsletters we have reported on the progress of R. v. Cole, a criminal prosecution case that was set to define an employee’s privacy rights with respect to personal information stored on a work-issued computer. Cole was a high-school teacher whose school had provided him with a laptop computer to facilitate his duties. While […]
Court Awards $240,000 in Wrongful Dismissal Damages against Embassy
/in Winter 2013 /by BirdRichardIn a recent decision of the Ontario Superior Court of Justice, an embassy employee was awarded $240,000 in damages for wrongful dismissal. Sandra McDonald was 57 years old at the time of her termination, and had been employed by the Embassy of the United States of America in Ottawa for 29 years. After receiving surgery […]
Reminder: Update your Workplace Discrimination and Harassment Policies
/in Winter 2013 /by BirdRichardOn June 19th, 2012, Bill 33, known as Toby’s Act, received Royal Assent. The Bill amends Ontario’s Human Rights Code to prohibit discrimination and harassment on the basis of gender identity and gender expression. This amendment will help to protect transsexuals, transvestites, cross dressers, and other individuals who do not identify with the gender identity […]
Federally-Regulated Employer Liable for Damages for Termination of a Totally Disabled Employee
/in Winter 2013 /by BirdRichardIn January 2011, an inter-provincial transportation company terminated an employee who had been on medical leave following a workplace accident since December 1989. The grievor was in receipt of benefits under the Workplace Safety and Insurance Act (WSIA). The union, relying on the protections of the Canada Labour Code (Code), grieved the dismissal. In November […]
Report on Human Rights: Pinto Report Finds Fully Functioning Facilities
/in Spring 2013 /by BirdRichardEarly in 2008, the Ontario government made substantial changes to the human rights system. This new and improved system was designed to resolve disputes more quickly and to provide more assistance to those making discrimination claims, amongst other improvements. Andrew Pinto, a human rights and employment lawyer, was appointed by the Attorney General to conduct […]
When a Swimming Pool is Just a Swimming Pool
/in Spring 2013 /by BirdRichardAs a result of Blue Mountain Resorts Ltd. v. Bok, injuries sustained by guests while on an employer’s premises do not turn every inch of those premises into a “worksite” for the purposes of the Occupational Health and Safety Act (“the Act”). Blue Mountain Resort Limited owns and operates an all-season resort and recreational facility […]
Human Rights Protections Against Hate Speech Limited by Freedom of Expression
/in Spring 2013 /by BirdRichardWilliam Whatcott distributed flyers in Saskatoon, Saskatchewan, two of which were entitled “Keep Homosexuality out of Saskatoon’s Public Schools!” and “Sodomites in our Public Schools”. Complaints were lodged with the Saskatchewan Human Rights Commission claiming that these flyers promoted hatred against individuals based on their sexual orientation in contravention of section 14 of the Saskatchewan […]
Legislative Update: Leaves to Help Families
/in Spring 2013 /by BirdRichardOn March 5th, 2013, the Ontario government proposed an amendment to the Employment Standards Act, 2000, (“ESA”), entitled the Employment Standards Amendment Act (Leaves to Help Families), 2013 to create three job-protected leaves: * Family Caregiver Leave: up to eight weeks of unpaid leave for employees to provide care and support to a family member […]
Proposed Regulation Regarding Mandatory Health and Safety Training for All Workers and Supervisors
/in Spring 2013 /by BirdRichardThe Ministry of Labour has proposed to introduce new regulatory requirements that would require employers to ensure that all workers and supervisors complete mandatory occupational health and safety awareness training programs. The proposed requirements would apply to everyone who meets the current definitions of “worker” and “supervisor” under the Occupational Health and Safety Act. Should […]