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BIRD RICHARD
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Managing your Workplace during COVID Webinar Registration Form
/in Seminars /by BirdRichardEmployer Beware: Repudiation of Contract Findings on the Rise
/in Fall 2021 /by BirdRichardIn the case of Perretta v. Rand A Technology Corp. [2021] O.J. No. 1486, the employee filed a summary judgment motion seeking $26,907 in damages for wrongful dismissal. She was a sales representative of the company, and her base salary was $46,500. The employer terminated the employee’s employment without cause on March 31, 2020. The […]
Does the COVID-19 Pandemic Impact Reasonable Notice for Employees?
/in Fall 2021 /by BirdRichardIn the recent decision of Kraft v. Firepower Financial Corp., 2021, ONSC 4926, an employee was terminated by the employer without cause. He sued for pay in lieu of notice, commissions, bonuses, holiday and vacation pay. The employee was a specialized commissioned salesperson working in the investment field and focused on mergers and acquisitions. He […]
Divisional Court Overturns Decision by HRTO Allowing Discrimination Claim on the Basis of Permanent Residence
/in Fall 2021 /by BirdRichardThe recently released decision of Imperial Oil Ltd. v Haseeb, [2021] O.J. No. 2998 from the Divisional Court of Ontario, judicially reviewed the decision of the Human Rights Tribunal of Ontario (HRTO), which determined that an individual could claim direct discrimination based on permanent residency. As part of its recruitment program, Imperial Oil decided only […]
Infectious Disease Emergency Leave and Worker Income Protection Benefits Extended
/in Fall 2021 /by BirdRichardOn September 16, 2021, the Ontario government announced that it would extend the temporary measures found in O. Reg 228/20 Infectious Disease Emergency Leave (IDEL). The extension is to end on January 1, 2022. The government has also extended Ontario’s Worker Income Protection Benefit (“WIPB”) which provides employees with up to 3 days of paid […]
Ontario Superior Court distinguishes Swegon
/in Fall 2021 /by BirdRichardAs many of our readers are aware, since the decision in Waksdale v. Swegon North America, where the Ontario Court of Appeal determined that because a just cause termination provision provided a lower threshold than the Ontario Employment Standards Act, 2000, that the entire termination clauses were void including without cause provisions, employers have been […]
Superior Court Rules that Arbitration Clauses in Employment Contracts are Enforceable
/in Summer 2021 /by BirdRichardIn a recent decision, Leon v. Dealnet Capital Corp., 2021 ONSC 3636, the Ontario Superior Court determined whether or not an arbitration clause contained in an employment agreement was enforceable. For employers, inserting an arbitration clause into an employment agreement is a good tool to provide some certainty and, in most cases, an arbitration can […]
Employee Placed on COVID Leave not Constructive Dismissal, Court Reverses Earlier Ruling
/in Summer 2021 /by BirdRichardPreviously, we provided an e-blast on the decision Coutinho v. Ocular Health Centre Ltd. 2021, ONSC 3076. In that case, the Superior Court determined that an employer placing an employee on the Infectious Disease Emergency Leave (“IDEL”), found in O. Reg. 228/20 made under the Ontario Employment Standards Act, 2000 (the “ESA”) amounted to a […]
Alberta Court of Appeal provides Guidance on Test for Family Status Discrimination
/in Summer 2021 /by BirdRichardIn the decision United Nurses of Alberta v. Alberta Health Services, 2021 ABCA 194, the Alberta Court of Appeal reviewed the decision of Canada (Attorney General) v. Johnstone 2014 FCA 110, a Federal Court of Appeal decision which is the leading authority setting out the test for family status discrimination. The central issue in the […]
Requirement to Pay Severance Pay not Limited to Payroll in Ontario
/in Summer 2021 /by BirdRichardUnder the Ontario Employment Standards Act, S.O. 2000, c.41. (“ESA”), an employee with more than five (5) years of service and where the employer has a payroll in excess of 2.5 million dollars, that employee is entitled to severance pay upon termination from employment without cause. An issue that often arises is how to calculate […]