Daniel Lublin

Tumultuous terminations not taken lightly in court

It is one of the most important concepts in workplace law — but it is not even clear how it applies.Since 1997, when the Supreme Court presented Canadian workplaces with the Wallace decision, employers have had an obligation to play nice and behave well at the time of dismissal, or face paying...

Tuesday, January 31, 2012, 5:30 AM

What constitutes a contractor?

It’s workplace law’s newest phenomenon: employers, happy to unburden themselves from the various costs and liabilities associated with their employees, increasingly hire “contractors” to perform the same services their employees did before.However, this arrangement is often in dispute. Government...

Monday, January 30, 2012, 5:30 AM

So what constitutes a contractor?

It’s workplace law’s newest phenomenon: employers, happy to unburden themselves from the various costs and liabilities associated with their employees, increasingly hire “contractors” to perform the same services their employees did before.However, this arrangement is often in dispute. Government...

Tuesday, January 24, 2012, 5:30 AM

Workers not always the innocents

In my column last week, I shared employers’ biggest money-saving workplace law schemes, designed to keep money in their own pockets and less in their employees. However, employees also have some tricks up their sleeves. Here are some of my favourites: Alleged constructive dismissals:Many employees...

Tuesday, January 17, 2012, 5:30 AM

Getting behind the schemes at work

Money is the cause of most workplace disputes. Employees and employers each feel that they deserve more of it and each will invariably go to great lengths to keep it in their own pockets, leaving less for the other. The following are some of the most common money-saving schemes that employers try...

Tuesday, January 10, 2012, 5:30 AM

May old work blunders be forgot

2011 was the year of the employer as this column was replete with examples of employees wrecking their own cases, often through ignorance of the law, indifference, or worse, poor advice.In light of these multiple failures, here is an offering of my top dos and don’ts for employees in 2012. Document...

Monday, January 2, 2012, 7:00 PM

Stuck Between a rock and a workplace

Shortly after obtaining her real estate license, Marilyn Patterson found herself in a pickle. Patterson, a customer service supervisor for the Bank of Nova Scotia in Pitt Meadows, B.C., was summoned to a meeting and told that her work as a realtor may conflict with her employment at the bank....

Wednesday, November 23, 2011, 2:11 AM

In many a workplace to sign is to surrender

It's possibly the worst rule in workplace law — corporations are permitted to insist that employees sign one-sided employment contracts that reduce their legal rights. Regrettably, employees with little bargaining power or an understanding of the law, seldom realize that their interests are being...

Wednesday, November 23, 2011, 2:11 AM

Picking out the proper lawyer for your case

“Lawyers are the only persons in whom ignorance of the law is not punished.” - Jeremy Bentham (1748 - 1832)How do you win in court? It starts with selecting the proper lawyer. But with countless factors to consider, finding the ideal lawyer to navigate your case can be an overwhelming task. Here...

Tuesday, November 15, 2011, 2:36 AM

Beware of the workplace recruiter

It sucks when bad things happen to good people. That is why I am relating the experience of my client below, hoping that her workplace scenario will not happen to you.Happily employed for more than 17 years, my client received an unsolicited phone call from a headhunter encouraging her to interview...

Tuesday, November 8, 2011, 12:44 AM

A ministry makes the wrong move

An individual's experience, related below, provides an example of why you must be careful when you call a provincial Ministry of Labour.Following her termination, an individual contacted the Ontario Ministry of Labour, seeking some advice about her situation. She had not yet contacted a lawyer and...

Tuesday, November 1, 2011, 2:18 AM

Dig deeper when complaints come in

Having just been advised of the less than impressive results of an “employee satisfaction survey” at the National Bank’s branch in Vaughan, On., Adrian Chandran, the senior manager at the branch, was in shock.To Chandran’s dismay, many of his subordinates accused him of making condescending remarks...

Tuesday, October 25, 2011, 7:30 PM

Get commitments in print or risk no follow-through

Are you dreaming of becoming the next senior executive of your company? Are those dreams based on assurances of more money, seniority and status? If so then read on as this is the story of one employee who recently learned that employment promises must clearly be put into writing, otherwise it is...

Tuesday, October 18, 2011, 7:30 PM

The curious case of the missing employee

He is the human resources department’s biggest nightmare and he works at just about every large company across the country. He is the sick employee that may never return to his job. And his workplace legacy just got a lot larger.Paul Pereira earned a position as a senior employee. But he had a...

Tuesday, October 11, 2011, 7:30 PM

‘Kitchen sink’ approach to contracts often fails

This is the tale of two recent appeal cases, which together confirm my “Kitchen Sink” theory on employment contracts. That is, employers often bargain for excessive protection, no matter how junior or administrative the employee. However, in seeking such protection, they sometimes get none at all....

Tuesday, October 4, 2011, 7:30 PM

Tipping the delicate scales of workplace justice

Perception can be a dangerous thing.Kevin Johnson was a good worker. He had not been given any warnings or notice that his performance was unsatisfactory.In the spring of 2009, Johnson noticed he had not been called in for work. His roommate who worked for the same company had been called back but...

Tuesday, September 27, 2011, 7:30 PM

Workplace winners always welcome

Last week I introduced you to my favourite workplace “losers”; those people who just love to fail, and why their idiosyncrasies often cost them their own cases. But Canadian workplaces have a number of “winners” as well. These people play the game right and they often come out ahead. Here are some...

Tuesday, September 20, 2011, 7:30 PM

Don’t wage war on a work case

Employees are often the authors of their own misfortunes at work. Few take advantage of laws that are construed in their favour. Fewer will challenge their employer’s decisions, however unjust. Most will just complain. But, if you have an inclination to fight back, here are some dos and don’ts:...

Tuesday, September 13, 2011, 7:30 PM

The type of worker who can wreck a case

“The pen is mightier than the sword” - Edward Bulwer-LyttonToo often employees ruin their own perfectly good cases. Mostly, these employees fail to pick their battles, especially with their own lawyers. Here are the various types of “losers” and the reasons why they just love to fail. The Penny...

Tuesday, September 6, 2011, 7:30 PM

A few rules you may have wrong at work

“Criticism may not be agreeable, but it is necessary.” –Winston ChurchillThe above quote is as true at work as it is in life, except that in workplace law there is always an exception. Here is a sampling of some of the questions readers of this column frequently ask and the answers I often provide...

Tuesday, August 23, 2011, 7:30 PM