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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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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 […]
How have Ontario Courts determined reasonable notice requirements when an employee is terminated from a successor employer?
/in Blog /by BirdRichardIn a decision called Manthadi v ASCO Manufacturing, the Court of Appeal allowed an appeal by ASCO from a summary judgment award from the Superior Court. The facts of the case are as follows: the employee had been employed by a company (637) which was sold to ASCO. At the time that 637 had been […]
Should the Canadian Emergency Response Benefit (CERB) be deducted from damages for wrongful dismissal?
/in Blog /by BirdRichardRecent cases from the Ontario Superior Court, and Tribunal’s have determined that the Canadian Emergency Response Benefit (CERB) is not deductible against damage awards, but is that the end of the matter? Recall that the entire purpose of damages for reasonable notice is supposed to put the employee in the same position had an employer […]
COVID-19 EMPLOYMENT ISSUES DURING THE PANDEMIC
/in Seminars /by BirdRichardTemporary Layoff During COVID-19 Results in Constructive Dismissal
/in Blog /by BirdRichardThe recently released decision of Coutinho v. Ocular Health Centre Ltd. 2021 ONSC 3076, may cause headaches for many employers within Ontario who have been required to layoff their employees due to COVID-19 restrictions. As a starting point, a constructive dismissal for common law purposes occurs in the circumstance where an employer unilaterally imposes a […]
Update: Stay-at-Home Order, Emergency Declaration and School Closures in Ontario
/in Spring 2021 /by BirdRichardThe government of Ontario has declared a third state of emergency as of April 8, 2021 in response to the rapid increase of COVID-19 in our community. Effective 12:01 a.m. on April 9, 2021, the government issued a province-wide Stay-at-Home Order which requires everyone to stay home except for essential purposes. This is in addition […]
Does Pregnancy impact Reasonable Notice of termination? The answer is YES!
/in Spring 2021 /by BirdRichardIn a recent 2021 decision, Nahum v. Honeycomb Hospitality Inc., the Court considered the impact of a pregnancy upon reasonable notice. At the time of the termination without cause, the employee had been employed for just 4 months in a mid-level managerial position. She earned $80,000 per year. She was 28 years old and 5-months […]