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.
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 […]
Amendments to the Canada Labour Code
/in Spring 2013 /by BirdRichardThe Canada Labour Code (the Code) in the areas of holiday pay, wage-related complaints, the period covered by payment orders, and review mechanisms, these amendments were enacted in December 2012. These amendments are not industry-specific. Rather, they pertain to all federally-regulated employers. The most substantive amendments are presented in detail below. 1) Holiday Pay Bill […]
New Bill to Require Representation Vote Prior to Certification in All Cases
/in Summer 2013 /by BirdRichardOn May 1st, 2013, Bill 62, the Defending Employees’ Rights Act (Certification of Trade Unions), 2013 passed its first reading. The Bill would amend Ontario’s Labour Relations Act, 1995 to prohibit the Ontario Labour Relations Board from certifying a union as a bargaining agent for employees unless a representation vote has been held among the […]
Firm Announcement
/in Summer 2013 /by BirdRichardThe Firm welcomes our new Associate, Sheri Enikanolaiye. Sheri has completed her articles with the Firm and has recently been called to the Bar.
Employer Can Waive Notice of Resignation Without Pay in Quebec
/in Summer 2013 /by BirdRichardCan an employer waive notice of resignation without pay? In Quebec, the answer is yes, at least for now. Daniel Guay worked for Asphalte Desjardins Inc., but then secured preferable employment with a competitor. He provided his employer with three weeks’ written notice of resignation, but the employer decided to immediately terminate his employment. The […]
Post-Discharge Termination Upheld on Judicial Review
/in Summer 2013 /by BirdRichardIn a recent decision, successfully argued by Bird Richard, the New Brunswick Court of Queen’s Bench upheld a decision by Arbitrator Frumkin, in which he held that Canada Post could terminate an employee who had already been discharged. Ronald LeBlanc, a letter carrier, was terminated for abusive conduct to a customer. At the disciplinary meeting, […]
Employee Dismissed for Cause after Breach of Privacy Policy
/in Summer 2013 /by BirdRichardIn Steel v. Coast Capital Savings Credit Union, the Supreme Court of British Columbia upheld the termination of an employee on a with cause basis after the employee breached the bank’s confidentiality policy. Susan Steel had worked for Coast Capital Savings Credit Union for over 20 years. At the time of her dismissal, she was […]