Timely Issuance of ROE Canada: Record of Employment Must be Issued
When leaving work for any reason, an employer must provide workers with an accurate Record of Employment...
Stacey Reginald Ball is a top-rated employment lawyer in Toronto, as well as a nationally known and consulted practitioner in the area of Canadian employment law and labour law. He has for over 25 years in solving all types of legal matters regarding labour employment law and received the highest rating by peer reviewed Lexpert (Thomson Reuters). He has also been ranked by Lexpert/The American Lawyer as one of Canada’s leading 500 employment lawyers (i.e. top 500 out of 136,000+ Canadian lawyers).
Mr. Ball is the author of the leading treatise Canadian Employment Law (Thomson Reuters). He is a former employment law professor at Osgoode Hall Law School and the Faculty of Law at Western University.
He specializes in wrongful dismissals and has offices in Toronto, Ontario. He is considered one of Canada’s leading labour lawyers in the fields of employment law and wrongful dismissal.
Ball Professional Legal Corporation’s practice includes wrongful dismissal, unjust dismissal, human rights, workers’ compensation, post-employment competition, restraint of trade, fiduciary obligations, labour law, sexual harassment, employment contracts, workplace disputes, and various related areas of litigation.
Mr. Ball’s Canadian Employment Law text (published by Thomson Reuters) has been cited in approximately 300 cases, by courts in every Canadian province, and the Supreme Court of Canada. Canadian Employment Law is widely recognized as a leading treatise in Canada. Updated 3 times per year, Mr. Ball’s text is designed to stay up-to-date on the rapidly changing area of employment law.
Mr. Ball’s text provides extensive insights in all areas of employment law and workplace issues. Because of the pedigree of his treatise, Mr. Ball is routinely contacted by lawyers, employers, and employees across Canada for advice in the area of employment law.
Mr. Ball has been winning counsel on several landmark employment law cases before various courts and tribunals, including the Supreme Court of Canada, making him a formidable force in the legal arena. These decisions include: Machtinger v. HOJ Industries Ltd., (1992), 1 SCR 986; Wallace v. United Grain Growers Ltd., (1997), 3 SCR 701; Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29; and Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26.
In Machtinger, the court was convinced employees should be provided with reasonable notice if their employment contract breaches the minimum standards outlined in the Employment Standards Act.
In Wallace, Mr. Ball successfully argued before the court that there is an obligation of good faith and fair dealing in the manner of dismissal. The court agreed with Mr. Ball’s reasoning, holding that a violation of this obligation may warrant extended damages.
In Wilson, the court adopted Mr. Ball’s reasoning and acknowledged that non-unionized federal employees have extended remedies under the Canada Labour Code in comparison to common law reasonable notice.
In Matthews, the court clarified and extended which elements of an employee’s compensation are to be included in reasonable notice, providing insight into variable compensation awards.
For over 30 years, Mr. Ball has successfully represented clients before all levels of court, including the Supreme Court of Canada, demonstrating his skills as a fearless advocate.
Apart from authoring a leading textbook on employment law in Canada, and successfully appearing several times before the Supreme Court of Canada, Mr. Ball’s commitment to excellence extends to all areas of his practice. He has successfully argued before the Canada Industrial Relations Board, along with various appellate and provincial courts, boards, and tribunals.
He is also an experienced negotiator and has successfully negotiated countless severance packages, employment contracts, and transfer agreements for his clients. Mr. Ball provides sound and effective advice for executive and managerial clientele over a wide variety of employment law matters.
As part of his commitment to excellence Mr. Ball has taught at both Osgoode Hall Law School and Western University Faculty of Law. He is a former editor of the Canadian Cases on Employment Law (Thomson Reuters) and The Dismissal and Employment Law Digest (Thomson Reuters). He has published legal articles in the McGill Law Journal, The Advocates Quarterly, The Advocate, Canadian Case on Employment Law, and the Dismissal and Employment Law Digest. His journal articles, as well as his textbook, have been cited by the Court.
While Mr. Ball will litigate when necessary, he also attempts to secure an amicable resolution when it is in the clients interests.
Published by Canada Law Book, he is routinely contacted by lawyers, employers, and employees across Canada for advice in the area of employment and labour law. His work has often been favourably quoted and cited by superior courts in every province and the Supreme Court of Canada.
Stacey Ball has extensive experience in the areas of wrongful dismissal, human rights, restraint of trade and post employment competition, sexual harassment, fiduciary responsibilities, defamation, workers’ compensation, employment contracts, injunctions, and appellate advocacy.
Mr. Ball has appeared before courts and tribunals including Supreme Court of Canada on employment law issues. In these cases, he has successfully dealt with issues concerning human rights, employment standards, workers’ compensation, unemployment insurance, and labour relations.
Learn about Mr. Ball’s professional recognition and hear what his clients have to say!
Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.
A significant part of our practice is dedicated to meeting with clients to determine rights and remedies that they may have in the employment law context. We endeavour to meet you in a timely and prompt manner to assist you with your labour law issues and concerns. A consultation may be useful in a number of instances:
1. Has the Employer offered you a sufficient termination package? Given our expertise, we can tell you accurately and in a forthright manner whether the package being offered is fair. Entire sections of Stacey Reginald Ball‘s text Canadian Employment Law deal with indicia and criteria the Court uses to assess reasonable notice at common law.
2. Is there just cause for dismissal? Our law firm can tell you accurately if the employer had sufficient reason to terminate you without proper notice or severance. Was there sufficient insubordination or insolence to justify cause for dismissal? Did the employee receive sufficient and adequate warnings? Was there a conflict great enough to warrant dismissal? Was the employee’s absenteeism sufficient to warrant summary dismissal? Was the employee allowed to make plans to compete as opposed to actively competing while working for the employer?
3. Whether there was cause for summary dismissal is nuanced, and the Court requires a contextual approach. We can advise you accurately of the factors that the Court has considered in the past in determining whether or not there was sufficient cause to warrant summary dismissal.
4. What steps can you and should you take before leaving your employer? How much notice are you required in law to give to the employer? Are you allowed to take steps to compete? What documents belong to the employer and what documents made in the workplace belong to you?
5. Is the restrictive covenant and non-competition agreement you signed enforceable? Are you a fiduciary and hence have limitations in what you can do in post-employment competition? Has your former employer threatened you with legal action, proceedings or an injunction for post-employment competition or activities?
6. Has your employer changed your job, job functions, duties, pay or title? Has the employer engaged in unfair and abusive conduct against you making the workplace intolerable? Are you being micro
managed? Are you receiving false and unfair criticism? If so, you may be being constructively
dismissed. Ball Professional Corporation routinely negotiates and if necessary prosecutes constructive dismissal claims.
7. Do you wish to leave employment because of the employer’s conduct (misconduct), changes in the employment relationship, or the creation of intolerable conditions? If so, we may able to assist in negotiating a separation package.
8. Are you facing workplace harassment, sexual harassment or being discriminated against contrary to human rights legislation and occupational health and safety workplace harassment legislation?
9. Is your Union representing you fairly and properly pursuant to their obligation of fair representation under labour legislation?
10. Are you a federal jurisdiction employee (e.g. Bank, Railway, Airline, Broadcasting, Telecom, etc.), hence entitled to re-instatement with back pay under the Canada Labour Code?
11. Do you anticipate problems with the employer? If so, we can advise on steps and counter measures you can take in order to either preserve your job or obtain a fair resolution?
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Remedies for constructive dismissal are similar to those found in a wrongful dismissal suit.
Prohibits discrimination on the basis of sex, gender, age, national origin, sexual orientation, and medical handicaps (conditions).
The existence of sexual harassment in the workplace is still quite common despite social unacceptability.
Employers are obligated by law to treat their employees fairly and to act in good faith.
“Severance” at common law is tied to the amount of termination notice an employee should be given.
Situations where an employee has not been dismissed but their employment has changed significantly..
To promote academic excellence for future generations of Canadian law students studying employment law, Mr. Ball has funded an endowment. The endowment funds a permanent annual scholarship to encourage research and development in Canadian employment law.