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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
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EMPLOYMENT CONTRACTS & POLICIES
/in Seminars /by BirdRichardArbitrator Strikes Down Mandatory Vaccine Policy due to Outdated Definition of “Fully Vaccinated”
/in Summer 2022 /by BirdRichardIn a recent arbitral decision released on June 17, 2022, FCA Canada Inc. v. Unifor, Locals 195,444,1285, 2022 CanLII 52913 (ON LA), an arbitrator considered whether a mandatory vaccine policy, in a federally regulated workplace, ought to continue given the shifting nature of the pandemic. This was considered in the context of a unionized workplace. […]
Federal Government suspends Mandatory Vaccine Policy
/in Summer 2022 /by BirdRichardAs of June 20, 2022, the federal government suspended its Policy on COVID-19 Vaccination for Core Public Administration employees (the “Policy”). The Policy initially came into force on October 6, 2021. The Government of Canada release states that vaccines continue to provide strong protection against serious illness, and provide a level of protection against infection […]
Ontario Extends COVID-19 Sick Leave until March 2023
/in Summer 2022 /by BirdRichardOn July 21, 2022, the Ontario Government announced that the Worker Income Protection Benefit program will be extended to March 31, 2023. Eligible workers are entitled three (3) paid sick days up to $200/day. The program was set to expire on July 31, 2022. Employers may seek reimbursement of the paid leave through the Workplace […]
Non-Compete Agreement Declared Invalid by Ontario Court of Appeal
/in Summer 2022 /by BirdRichardIn M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Ontario Court of Appeal reviewed a non-competition agreement involving a pharmacy and its employee. This case occurred prior to the coming into force of the Working for Workers Act, 2021, S.O. 20221, c. 35 (the “WWA”), and thus, the decision considered the […]
Further Guidance on Policy Requirements – Revisiting the Working for Workers Act, 2021
/in Spring 2022 /by BirdRichardOn December 2, 2021, Bill 27, Working for Workers Act, 2021, became law in Ontario, introducing numerous legislative changes to the Employment Standards Act (“ESA”) rules governing workplace conduct. A key change made by this legislation was the requirement for certain workplaces to have a disconnecting from work policy in place for all employees. […]
Secretly Recording Your Coworkers and/or Supervisors Constitutes Cause for Dismissal
/in Spring 2022 /by BirdRichardIn Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC11, the BC Court ruled that a surreptitious recording of an employee’s colleagues constituted just cause for dismissal based upon the breach of trust that is required in any employment relationship. The plaintiff commenced employment with Mercer as a financial analyst in 2010. He signed a Code […]
Union Refusal to Advance Mandatory Vaccination Policy Grievance Not in Breach of the Duty of Fair Representation
/in Spring 2022 /by BirdRichardWith mandatory vaccination policies (“MVPs”) turning the modern workplace into a contentious battleground, labour boards across Canada have had to grapple with the question of trade unions’ duty of fair representation (“DFR”) in challenging such policies. Two decisions have recently confirmed that where there is opposition to MVPs, a union is not required to file […]
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 BirdRichard