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.
Supreme Court Affirms Arbitrators’ Flexibility in Applying Legal Principles
/in Winter 2012 /by BirdRichardIn early December 2011, the Supreme Court of Canada once again confirmed that decisions of arbitrators should be given a high level of deference. The Court’s decision in Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals involved an arbitrator’s decision of a grievance disputing the interpretation of an article in the […]
Accessibility Standards post-January 1st, 2012 – Are you Compliant?
/in Winter 2012 /by BirdRichardThe Accessibility for Ontarians with Disabilities Act, 2005 was enacted with the objective of making Ontario completely accessible to people with disabilities by the year 2025. In order to work towards this goal, various Accessibility Standards have been developed. The Customer Service Accessibility Standard The Customer Service Accessibility Standard requires businesses to ensure that the […]
Federal Court of Appeal Finds Tribunal Orders Hold Same Weight as Court Orders
/in Winter 2012 /by BirdRichardWhile the Supreme Court of Canada determined in Mowat that the Canadian Human Rights Tribunal (CHRT, the “Tribunal”) does not have the authority to award costs, a recent decision of the Federal Court of Appeal has confirmed other powers of the Tribunal, finding that orders issued by the Tribunal carry the same weight as court […]
Supreme Court of Canada Confirms Canadian Human Rights Tribunal
/in Winter 2012 /by BirdRichardCannot Award Costs Donna Mowat filed a human rights complaint with the Canadian Human Rights Commission (CHRC) alleging that she had been discriminated against by the Canadian Forces on the ground of sex, contrary to the Canadian Human Rights Act (CHRA). The Canadian Human Rights Tribunal found the complaint substantiated in part, and awarded damages […]
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 […]