PRIVACY POLICY
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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.
Arbitrator Decides that Employer can Place Employee on Unpaid Leave of Absence for Failure to Provide Vaccination Status
/in Spring 2022 /by BirdRichardThe recent decision of Teamsters Local Union 847 v Maple Leaf Sports and Entertainment 2022 CanLII 544, has provided guidance on the outcome of a failure of a unionized employee to provide information regarding their vaccination status in light of a vaccination policy being implemented. On September 2, 2021, the employer, Maple Leaf Sports and […]
Webinar – LESSONS FROM THE PANDEMIC: AN EMPLOYER’S GUIDE
/in Uncategorized /by BirdRichardNew Arbitration Decisions on Mandatory Vaccination Policies
/in Winter 2022 /by BirdRichardThere has been a recent flurry of arbitration decisions released in the last 3 months that provide guidance to employers concerning vaccination policies, and other requirements for COVID-19. In United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. [unreported] the employer imposed a mandatory vaccination policy on its employees. It employed […]
New Legislation – Working for Workers Act, 2021
/in Winter 2022 /by BirdRichardThe government of Ontario has passed Bill 27, Working for Workers Act, 2021, which amends the Employment Standards Act, 2000 (“ESA”) and other legislation. The Bill has received royal assent as of December 2, 2021 and is now officially a statute. Right to Disconnect The Act imposes an obligation for employers who employ 25 or […]
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Court of Appeal upholds Decision to Terminate Employee for Failure to Apologize for Inappropriate Comments
/in Winter 2022 /by BirdRichardIn the case Hucsko v. A.O. Smith Enterprises, [2021] O.J. No. 6307, a long service employee was terminated for cause following an investigation into allegations of sexual harassment and his refusal to apologize for the misconduct. Leading up to the termination of employment, there were several incidences of inappropriate conduct ranging from asking a female […]
Ontario Extends COVID-19 Worker Income Benefit Program and IDEL
/in Winter 2022 /by BirdRichardThe Ontario government announced that the Worker Income Benefit Program will be extended until July 31, 2022. As we have previously indicated, the program was in order to provide aid to employees who had no sick day coverage. In particular, this program provides employees with up to 3 days paid leave in the following circumstances: […]
Divisional Court upholds Superior Court decision that a pregnancy impacts the notice period of a terminated employee
/in Blog /by BirdRichardA recent decision by the Divisional Court, called Nahum v Honeycomb Hospitality Inc., the Court was required to decide the question of whether a pregnancy should increase the length of a notice period of an employee who had their employment terminated whilst pregnant. The employer was not aware that she was pregnant at the time […]
Can a unionized employer terminate an employee’s employment for refusing to be tested for COVID-19?
/in Blog /by BirdRichardIn the recent decision between Ontario Power Generation and The Power Workers Union, the Arbitrator determined three issues, two that are important for unionized employers are as follows: Who bears the cost of testing for unvaccinated employees when it is a requirement of the employer in order to attend the workplace; and Is the termination […]
Vaccination Policies in the Unionized Environment – What Do the Cases Say?
/in Blog /by BirdRichardSince the introduction of Covid-19 vaccinations in early 2021, some employees have refused to get vaccinated for a variety of reasons including privacy, personal belief, medical or religious reasons. In response to the pandemic, many employers have implemented mandatory vaccine policies in an effort to provide safe workplaces. Some policies are being challenged by unions […]