Daniel A. Lublin
dan@toronto-employmentlawyer.com
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See Daniel’s Workplace law Column in Metro News
Daniel A. Lublin is a nationally recognized workplace law expert, who envisions workplace law as a marriage between employer and employee that often leads to breakdown when one takes advantage of the other. Viewing workplace law through this lens enables Mr. Lublin to quickly identify his client’s objectives – and vigorously pursue them.
Mr. Lublin practices workplace law across Canada, where he is involved in all aspects of representing both individual and corporate clients in employment law, human rights and labour relations matters, with a particular emphasis on wrongful dismissals and employment-related litigation.
In 2008, 2009, 2010, 2011 and for 2012, Mr. Lublin has been named as one of “Canada’s Top Employment Lawyers” in Carswell’s annual survey, in recognition of his contributions to workplace law and human resources publications. As well, Mr. Lublin was recently awarded the “Precedent Setter Award”, recognizing him as one of the best of the new generation of lawyers in Ontario.
Mr. Lublin is the Globe & Mail’s workplace legal expert where he writes regularly for the Globe’s Careers section both in print and online and he has been a national workplace law columnist for the Metro News since 2005, where his weekly column is published in print in seven editions of the newspaper across Canada. The column addresses legal mistakes made by employers, employees and sometimes their lawyers and equips readers with the insights they need to avoid similar pitfalls.
Mr. Lublin frequently appears on national television and the radio as a commentator for workplace-related legal issues, and he frequently serves as a key resource on workplace law to prominent news and print media across the country.
Mr. Lublin has appeared before all levels of the Courts of Ontario. Some of his recently reported court decisions include:
Hussain v. Suzuki Canada Ltd., 2011 CarswellOnt 12251 (ON S.C.), a precedent setting case where Mr. Lublin established a new record for severance awards in Ontario, by obtaining a 26 month severance package for a client who was Suzuki’s longest serving employee.
Adjemian v. Brook Crompton North America, 2008 CanLII 27469 (ON S.C.), a precedent setting case wherein the Ontario Court of Appeal upheld a lower court’s wrongful dismissal decision in favour of Mr. Lublin’s client, and in doing so, confirmed that wrongful dismissal cases can be heard in an expedited fashion. This case has been relied upon since that time to assist employees in obtaining speedy court judgments on dismissal matters.
Cardenas v. Kohler Canada Co., 2009 CanLII 17976 (ON S.C.), one of the largest group wrongful dismissal judgments in Canadian history, wherein Mr. Lublin successfully obtained nearly $1 million in damages for a group of terminated employees. The decision supports the notion that dismissed employees can proceed as a group without having to initiate a class action claim.
Camaganacan v. St. Joseph’s Printing Ltd., 2010 ONSC 5184 (ON S.C), wherein Mr. Lublin secured a 16 month severance package for a client who had been offered only 6 months by his employer.
Nasager v. Northern Reflections Ltd., 2011 ONSC 5872, which is an appeal court case, where Mr. Lublin successfully upheld a judge’s decision that his client should be awarded a 6 month severance package when his employer offered him only 5 weeks.
Hayes v. Peer 1 Network Inc., 2007 CanLII 65614 (ON S.C.D.C.), wherein Mr. Lublin successfully overturned a lower court’s decision to move his client’s proceeding to British Columbia, instead of trying the case in Ontario where the client resided.
Mr. Lublin is regularly consulted by other practitioners for assistance in employment-related matters and has been retained by employers in the United States and the United Kingdom to assist in managing the human resources implications of conducting business in Canada. Mr. Lublin is also frequently consulted by employees and executives across Canada to provide assistance with their workplace-related disputes and in the negotiation of their employment contracts and severance agreements. Mr. Lublin also assists clients through solutions-focused pre-trial dispute resolution forums, such as mediation and private settlement conferences.
Some of Mr. Lublin’s recent news quotes and journal publications are listed below:
- The Lawyers Weekly “Offering only the minimum a ‘costly gamble’, March 2, 2012
- Canadian Business Magazine, “The dark side of maternity leave”, September 14, 2011
- Law Times, “Lawyer’s letters can be perilous“, September 5, 2011
- Toronto Star, “High profile resignations work for some”, July 15, 2011
- The Lawyers Weekly “Terminating long-term employees”, July 8, 2011
- The Toronto Star, “Social media leaves trail for bosses”, July 6, 2011
- The Globe and Mail, “When push comes to shove: mandatory retirement”, May 13, 2011
- Canadian HR Reporter, “Employee wins back unilateral pay cuts”, January 17, 2011
- The Toronto Star, “What you do outside of work can get you fired”, May 10, 2011
- Canadian Employment Law Today, “When a manager isn’t a ‘manager’, April 6, 2011
- The Globe and Mail, “Computer ruling seen as landmark workplace decision”, March 26, 2011
- The Globe and Mail, “Employment contracts: what you need to know”, January 8, 2011
- National Post – Young Entrepreneur Spotlight, December 2010
- University of New Brunswick Law Journal, Issue 59 “Wrongful Dismissal: bad faith damages in Canadian employment law”, 2009
- Canadian Compensation and Benefits Reporter, “Employer pays 10K in equity case”, October 2010
- Canadian Employment Law Today, “Court slashes damages for Bell manager’s assault”, June 30, 2010
- Canadian Corporate Counsel Magazine “A new bar for safety on the job” summer, 2010
- Canadian Employment Law today, “Get out the swear jar at work”, June 16, 2010
- Law Times, “Assessing the validity of employee bonuses”, June, 2010
- Canadian Employment Law today “Court slashes damages for manager’s assault” June, 2010
- Canadian Employment Law Today, “Paranoid employer goes too far” January 13, 2010
- Canadian Employment Law Today, “Employer not to blame for employee’s mental breakdown” April 9, 2008
- Canadian Employment Law Today, “Silence may not always be golden” June 18, 2008
- Globe and Mail, Job Security on Leave, May 6, 2009
- CTV.ca, “NDP wants more EI for new moms” April 28, 2009
- National Post “It’s not just a fear: you’ve been laid off” February 3, 2009
- Toronto Star “Family Day confusion still reigns” February 14, 2009
- The Lawyers Weekly “Names in the News” December 19, 2008
- The Lawyers Weekly “Resolving termination disputes by summary judgment” May 22, 2009
- The Canadian Employer “ask an expert”, February 2008
- Canadian Employment Law Today, Issue 534 “No room for funny business”
- Canadian Employment Law Today, Issue 541 “Job posting unreasonable step” Canadian
- Employment Law Today, Issue 525 “Squeaky wheel gets released”
- Toronto Star “Worries follow rise of Facebook” May 4, 2007
Daniel can be reached at dan@toronto-employmentlawyer.com.
