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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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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 […]
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 […]