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.
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 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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/in Winter 1234 /by BirdRichardcopied text