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.
Federal Employers Can Dismiss Without Cause
/in Fall 2013 /by BirdRichardIn a recent and ground-breaking case, the Federal Court upheld a federal government agency’s dismissal of an employee without cause. Atomic Energy of Canada Limited (AECL) dismissed an employee without alleging cause, but with a payment of six months’ severance pay in lieu of notice. The employee protested that the dismissal was unjust. An adjudicator […]
Mitigating Factors in Occupational Health and Safety Charges
/in Spring 2014 /by BirdRichardThe Ontario Court of Appeal recently determined that an employer’s actions taken to comply with a health and safety inspector’s order will not be considered a mitigating factor in determining the appropriate sentence. Flex-N-Gate is an Ontario employer which produces automobile parts. It produces vehicle bumpers by processing metal sheets which are stored in approximately […]
Property Rights in Pension Benefits Plans
/in Spring 2014 /by BirdRichardAt age 65, Richard Waterman was terminated without cause by IBM Canada Ltd. after 42 years of service. IBM provided him with two months’ notice of the termination. During his employment, Waterman participated in IBM’s pension plan, which entitled him to a full pension. His entitlement was not affected by the termination, and Waterman began […]
Embassy Gets Second Chance to Plead Sovereign Immunity in Wrongful Dismissal Case
/in Spring 2014 /by BirdRichardAs we reported in the Winter 2012 edition of EMPlawyers’ Update, Sandra McDonald, a long service employee of the Embassy of the United States of America in Ottawa, brought a claim of wrongful dismissal against her employer, in which she alleged that she had been terminated without cause while on long term disability leave. Despite […]
Mandatory Health and Safety Training – Will You be Compliant by July 1st?
/in Spring 2014 /by BirdRichardAs previously reported, the new Health and Safety Awareness and Training regulation under the Occupational Health and Safety Act will come into effect on July 1st, 2014. What does this mean for Ontario employers? You must ensure that all workers and supervisors have completed basic occupational health and safety awareness training by July 1st. New […]
Deductibility of Statutory Pay from Workers’ Compensation Benefits
/in Spring 2014 /by BirdRichardA production worker, 59 years old, suffered an elbow injury that resulted in the permanent impairment of both of his arms. He claimed workers’ compensation benefits under the Workplace Safety and Insurance Act, 1997 (WSIA), and was granted a Non-Economic Loss award. Shortly after he returned to the accident employer on modified duties, he was […]
Bill C-4 – Amendments to the Canada Labour Code
/in Spring 2014 /by BirdRichardOn October 22, 2013, the Minister of Finance introduced Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, also known as the Economic Action Plan 2013 Act, No. 2. On December 12, 2013, the Bill received Royal Assent. Among other amendments, Bill […]
Accessibility for Ontarians with Disabilities Act – Employment Standards Compliance in 2014
/in Winter 2014 /by BirdRichardFor all public sector employees with 50 or more employees, the Accessibility for Ontarians with Disabilities Act requires that the following employment-related standards be in place by January 1, 2014: ensure that performance management, career develop-ment and job changes are accessible to employees; inform staff about policies for supporting employees with disabilities; provide training to […]
Mandatory Health and Safety Training for All Workers and Supervisors
/in Winter 2014 /by BirdRichardIn a previous edition of EMPlawyers Update, we made our readers aware of the potential new Occupational Health and Safety Awareness and Training regulation under the Occupational Health and Safety Act (the Act). On November 15, 2013, existing Regulation 780/94 – Training Programs was revoked and the new Health and Safety Awareness and Training regulation […]
Alberta Privacy Legislation Violates Freedom of Expression
/in Winter 2014 /by BirdRichardIn a recent decision by the Supreme Court of Canada, Alberta privacy legislation that prohibited the capture and publicizing of workers crossing a picket-line was declared invalid as a disproportionate restriction on freedom of expression. During a 300-day labour relations dispute, an Alberta casino employed replacement workers. As the Union picketed the casino, it took […]