Toronto Employment Law Blog

Court strikes blow to Toronto city workers strike

2009-07-13T08:59:27-04:00

A new development with the Toronto city worker's strike has reiterated some rules when it comes to picketing strikers.

Recently, picketers were interfering with third parties, such as Wasteco (a contract garbage removal company) and AmbuTrans (a non-emergency ambulance service contracted by the city) as part of their protest. The interference included actions such as stopping garbage trucks from leaving certain transfer stations.

As reported by Brodie Fenlon of the Globe & Mail, Justice Sanderson opined that;

"While union members have the right to engage in informational picketing, they have no right to obstruct access to a third party's premises or otherwise unduly interfere with that third party's business,"

The ruling strikes a blow to CUPE local 416, limiting their picketing to relevant locations and reasonable means.

In further development, Mayor David Miller has publicly tabled an offer to city workers in hopes of ending the strike. The details of the proposal can be read here.

Daniel Lublin is the managing partner of the employment law firm, Whitten Lublin LLP. He can be reached by email at dan@toronto-employmentlawyer.com.

workplace class action lawsuits may be a mass mistake...

2009-07-08T08:37:56-04:00

It’s workplace law’s newest, and biggest, phenomenon: Lawyers specializing in class action lawsuits, joining together groups of employees with similar legal claims.

However, in light of last week’s Ontario court decision that dismissed a class-action lawsuit filed against CIBC alleging that the bank failed to pay overtime to its customer service staff, class action lawyers may no longer be sharpening their pens.

Click here to read the full version of this article, published in the Metro Daily news.

CIBC Overtime class action case dismissed

2009-06-25T18:37:45-04:00

The class action case against the CIBC has been dismissed by an ontario superior court judge, who found that there was not sufficient interests among the members of the class in order to proceed.

The Judge found that some of the certification requirements could be met, there were too many issues to be determined in a class wide basis.

The Toronto Star reported on the dismissal in an article here.

Class action claims require a certain degree of commonality among the group members in order to be certified. Many class actions are dismissed without ever gaining certification. Some take years and are not advanced on this basis.

The decision, which can be read in full here supports the view that employees should consider claims for overtime through the Ministry of Labour or on an individual basis with a lawyer, rather than on a class basis.

Daniel Lublin is an employment lawyer at the law firm Whitten & Lublin LLP.

"A lawsuit to dye for" - workplace lawsuits over trade secrets

2009-06-21T18:21:24-04:00

Hair Salons battle over staff and client secrets - Reported in the National Post, Friday, June 19, 2009

There is a 6.4 million dollar lawsuit between Yorkville, Toronto, hair salons in a case that considers whether former employees have improperly taken trade secrets, such as hair-dye formulas and client lists.

As reported in the national post, the oowner of Glo Salon and Spa in Yorkville is suing 8 former employees who now work for a rival salon, Gliss. The lawsuit claims the employees, "ruined" her salon by poaching clients through using personal information related to their hair dyes, as well as, having taken their contact information when they left her salon.

Typically, employees who leave for a competitor can solicit former employees and work for whom they please without any restrictions. In doing so, they can use information that they have gained at their former employer, if that information is in the public domain or can be recalled by memory. However, once the information is labeled as "confidential" it would no longer be acceptable to use it post-departure. As well, if there is an employment contract, it must also be considered to determine whether the employee had agreed that they would not solicit clients or employees, make use of certain information or work for a competitor.

The Ontario Court of Appeal release a landmark case in the area in H.L. Staebler which found that employment contract clauses drafted in a manner that overreaches beyond that which is reasonable will not be enforced. Non solicitation clauses will more often be enforced than non compete clauses and restrictions between 6 to 12 months will generally be within the range that a court would accept as reasonable.

Daniel Lublin is the Managing Partner of Whitten Lublin LLP, an boutique employment law firm, focusing on the law of dismissal. www.toronto-employmentlawyer.com.

Resignations: Insincerity and bad intentions can sway favour in a lawsuit

2009-06-11T21:36:15-04:00

The law of resignation is often misunderstood. In order to be a true resignation, the employee must actually and unequivocally resign. Often it is difficult to accuse an employee of having resigned, especially when she has not been given notice that her actions will be treated as a resignation.

In a recent British Columbia case, Koos v. A & A Custom Contact Brokers, this is exactly what ooccurred.

Here is my write up of the case, published in the Metro News.

Daniel A. Lublin is a partner at Whitten & Lublin LLP, which is a law firm providing employers and employees with employment law representation and advocacy.

Daniel can be reached at dan@toronto-employmentlawyer.com

eHealth Ontario exec steps down amid contract scandal

2009-06-10T18:55:24-04:00

From ctv.ca, the President and CEO of eHealth Ontario, Sarah Kramer, has resigned her post amidst multiple allegations of wrongdoing.

What is most distressing for Ontario's taxpayers, is the severance package that Kramer is slated to receive, which is estimated to be well over $300,000.

As discussed in the article, Kramer was initially owed over 15 months salary upon her dismissal, under her employment contract but agreed to accept a lesser figure or 10 months pay. Kramer would also have to pay back some of the money if she found another job, which is commonly referred to as "mitigation".

Kramer could have easily been fired for cause in which case should would not receive any severance pay at all.

For more information on the story, please see the original CTV.ca article.

Daniel A. Lublin is an Employment Lawyer specializing in the law of Wrongful Dismissal and Constructive Dismissal. He can be reached at www.toronto-employmentlawyer.com or via email.

Resolving termination disputes by summary judgment

2009-05-19T09:39:42-04:00

Working out of the Toronto area offices of Brook Crompton North America, 22-year company veteran Dolores Adjemian had come to rely on her job’s security. As the IT administrator and accounting clerk, Adjemian believed her job was safe. But life has many surprises. A victim of the recent economic maelstrom, Adjemian walked into work on the morning of Jan. 24, 2008 and was precipitously fired. She was then handed a cheque for four months pay and told to leave. Adjemian was not about to go quietly.

In my latest article in The Lawyers Weekly, I summarize the Adjemian v. Brook Crompton North America decision, which is used as a precedent for motions for summary judgment to decide the notice period in wrongful dismissal cases.

Daniel A. Lublin is an Employment Lawyer specializing in the law of Wrongful Dismissal and Constructive Dismissal. He can be reached at www.toronto-employmentlawyer.com or via email.

Employees continue to be terminated as a result of Facebook use

2009-05-05T14:03:38-04:00

Workers all over the world continue to be terminated due to their use of social networking websites like Facebook and Myspace.

A recent example comes from a worker in Switzerland who, while on sick leave because she was too ill to be in front of a computer screen, was caught logging onto her Facebook account from home. A s a result of the discovery, the employer terminated her employment, citing cause due to breach of trust.

Click here for the original BBC news article.

Daniel A. Lublin is an Employment Lawyer specializing in the law of Wrongful Dismissal and Constructive Dismissal. He can be reached at www.toronto-employmentlawyer.com or via email.

Provincial Human Rights Tribunals likely to see higher volume of maternity discrimination

2009-05-05T14:02:31-04:00

As the issue of maternity leave terminations continues to remain prevalent in the Canadian media, various fired mothers are turning to alternative measures to seek recourse for their untimely dismissal.

Aside from bringing an action for wrongful dismissal, another common option for fired mothers is filing a complaint with the applicable Provincial Human Rights Tribunals.

New mother, Ann Dunn, has filed a complaint with the Ontario human Rights Tribunal regarding her recent termination of employment. You can read more about her story from ParentCentral.ca by following this link.

Daniel A. Lublin is an Employment Lawyer specializing in the law of Wrongful Dismissal and Constructive Dismissal. He can be reached at www.toronto-employmentlawyer.com or via email.

New bill proposes changes to Maternity benefits - Daniel Lublin quoted

2009-04-28T14:09:47-04:00

In light of the current uproar regarding working mother's rights, the NDP have announced they will be introducing a bill to amend the Employment Insurance Act in favour of expectant and new moms.

The bill will remove what is known as the "combined 50 week cap" on EI benefits. This could mean that women collecting Employment Insurance during their maternity leave will be eligible to file for regular EI benefits should their employment be terminated before their maternity leave is completed.

For more information, please see the CTV.ca story here. Daniel Lublin was quoted throughout the story.

Daniel A. Lublin is an Employment Lawyer specializing in the law of Wrongful Dismissal and Constructive Dismissal. He can be reached at www.toronto-employmentlawyer.com or via email.