STACEY REGINALD BALL
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Stacey Reginald Ball
Leading Employment Lawyer Toronto
Stacey Reginald Ball is a nationally known and consulted practitioner in the area of Canadian employment law and labour law. He specializes in wrongful dismissals, and has offices in Toronto, Ontario. He is considered to be one of Canada’s best and leading lawyers in the fields of employment law and wrongful dismissal. Mr. Ball is the author of the leading treatise Canadian Employment Law. Mr. Ball has been winning counsel in many of Canada’s leading employment law cases at all levels of court, including the Supreme Court of Canada. Mr. Ball is a former employment law professor at Osgoode Hall Law School and the Faculty of Law at Western.
Stacey is a former employment law professor at both Osgoode Hall Law School and the University of Western Ontario Faculty of Law. 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 and various related areas of litigation.
Wrongful Dismissal Lawyer
Have you been recently terminated from your job? This happens to almost everyone at some point in their lives, but that does not make it any less stressful or frustrating. It is important to contact a legal professional who can tell you whether the termination was legal or if it a case of wrongful dismissal. Wrongful dismissal can take many different forms. For example:
- If your employer terminated you without cause, and they are refusing to give you reasonable notice.
- If your employer is claiming there is just cause to fire you, but you disagree with their reasons.
- If your employer has changed some part of your job, so that you’re not even doing the work you agreed to do (see Constructive Dismissal).
Being fired is always difficult. Trust the experts at Ball Professional Corporation to protect your rights and help yourself move on to new and better opportunities.
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Types of Cases – Employment Lawyers Toronto
Unjust Dismissal
Unjust dismissal is a special remedy from the Canada Labour Code that may be available if you are both a (a) federally regulated and (b) non-unionized employee who has been improperly terminated. Common industries include airlines, banks and railways. The point is to protect you from arbitrary dismissal. Your employer either has to have a valid reason to terminate you or there must be a discontinuance of the job function.
Unjust dismissal is a powerful remedy that is not available in every situation. If you believe your employer has terminated you without good reason, don’t delay and contact Ball Professional Corporation. Our experts can advise you on whether you should proceed with adjudication under the Canada Labour Code or you should begin a wrongful dismissal lawsuit.
Just Cause For Dismissal
It is a serious situation if your employer has fired you for “just cause”. When an employer terminates an employee for “just cause”, they are claiming they have a legitimate reason to terminate them. Basically, they need to show some proof of “gross misconduct”. This is a big deal, because an employee who is legitimately fired for “just cause” is not entitled to any termination or severance pay. Common behaviors that might count as gross misconduct include theft, fraud and violence.
If you disagree with your employer’s reasons and think you are being treated unfairly, contact the professionals at Ball Professional Corporation. We can help you to challenge the termination if your work behavior did not warrant being terminated for “just cause”, the capital punishment of employment law.
Sexual Harassment
Everyone deserves a workplace free of harassment, including sexual harassment. Unfortunately, sexual harassment is still extremely common in the workplace. Sexual harassment can range from verbal comments to touching to sexual assault. If you have experienced any form of sexual harassment, you should speak to us about your options. Employers are supposed to develop policies to protect workers against sexual harassment, but oftentimes the policies are either not strong enough or they are ignored completely.
If you have experienced sexual harassment in the workplace, contact Ball Professional Corporation for assistance. We can help you file a Human Rights Complaint or pursue a civil lawsuit for a tort like assault or constructive dismissal. You have options and we can help you choose the best one that compensates you for the harassment you suffered and that lets you move forward in your job and in your life.
Termination Clauses
Employers often try to include termination clauses in your employment agreement. If a termination clause is enforceable, it will limit the amount of “reasonable notice” that you receive if you are terminated. Many employees accept these termination clauses at face value, which comes back to bite them if they are ever fired. Look out for your best interests and consult with Ball Professional Corporation before you make the same mistake!
If a termination clause is not enforceable, you may be entitled to the notice period that is calculated according to the common law. This amount is usually much higher. Whether you are signing a new contract and you want advice on the enforceability of a termination clause, or you have been terminated and you want help fighting the termination clause after the fact, we are here to help.
Reasonable Notice
In Ontario, most employees can be terminated “without cause”. This means that for some reason or another, your employer has decided to let you go. When this happens, your employee has to provide you with the appropriate amount of “notice” or “pay in lieu of notice.” For example, you could receive 4 weeks of “notice” or 4 weeks of “pay in lieu of notice”, so you don’t actually need to keep coming into work for those 4 weeks. The amount depends on many factors, and it’s important because it will also affect any “severance” that you may receive.
Everyone is entitled to the minimum notice provided by the Employment Standards Act. Knowing this, employers often try to limit the amount of reasonable notice to this minimum, so they do not need to provide the common law notice period, which can be much higher. You may be entitled to more than you are told, and we at Ball Professional Corporation can help you tell. Contact us if you are signing an employment agreement, where we can review any termination clause, or if you have been recently terminated and want to make sure you are being properly compensated.
Non-Competition / Non-Solicitation
If you are signing an employment contract, you may find that it contains a Non-Competition or Non –Solicitation clause. An employer may even want you to sign a separate Non-Competition or Non-Solicitation Agreement. This is quite common, but that doesn’t mean you should take it lightly! Non-Competition clauses or agreements prevent employees from working with an employer’s competitor for a specific period of time. In other words, it may prevent you from finding work after you have moved on. This can be a real problem that causes lots of stress, especially if you work in a specialized field with few job opportunities that are physically close to you.
Non-Solicitation clauses or agreements are similar, but they try to prevent departing employees from poaching former customers, clients, suppliers or coworkers. These types of agreements are legal if they are “reasonable”. To decide whether an agreement is reasonable, courts will consider the length of the restriction, the geographic scope and whether the restriction was even clear. Contact Ball Professional Corporation for advice if you are being asked to sign a non-competition or non-solicitation agreement. It could have a big impact on your future career prospects, so please don’t hesitate to reach out.
Constructive Dismissal
If your employer has significantly changed the terms or conditions of your job, you may have experienced a constructive dismissal. Examples of changes include change to your compensation, your title, your job duties, your office location or the hours that you work. By changing some aspect of your job, the employer has essentially terminated you.
Constructive dismissal is like a type of wrongful dismissal. You may be eligible for damages if this happened to you, or we can help to negotiate an exit package that fairly reflects your situation. Don’t delay in contacting Contact Ball Professional Corporation to help determine whether you have been constructively dismissed.
Employment litigation can be extremely complex area of labour law. Professional legal advice should be sought at an early stage to help you win your case. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.
CONSULTATIONS
(416) 921 7997 Ext. 225
srball@82scollard.com
Additional Articles About Employment Law
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Termination Lawyer Toronto
September 2, 2020Stacey R. BallAn employer does not need a good reason, or any reason at all, to terminate an employment relationship. However, the obligations of the employer and what is owed to the employee after termination depends on whether an employee was terminated “with cause” or “without cause.”
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Termination for Poor Performance
January 21, 2020Stacey R. BallEmployers will sometimes terminate their employees for poor performance. From the employers perspective, poor performance can constitute “just cause” dismissal. Despite just cause termination, the threshold to establish “just cause” for poor performance is high under both the Employment Standards Act and under the common law. In some cases, termination for just cause when none exists may allow a...
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Taking Clients From Former Employers
January 21, 2020Stacey R. BallCourts are aware that when employees leave, business relationships of former employers may also follow suit with the departing employee. Fortunately, the law allows employers to protect these relationships both in contract and in equity. Contact Toronto employment lawyer for consultation.Modern employment contracts contain non-competition, non-solicitation and confidentiality clauses that restrict an employee’s ability to move and work for...
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Bringing Claims After An Executed Release
January 17, 2020Stacey R. BallAfter a termination has occurred, employers are quick to offer their dismissed employees a full and final release to be signed whereby the terminated employees agrees to accept the terms of the release and withdraws the right to bring any further action against the employer. Employers after receiving these executed releases will remain content for approximately two years that...
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Bonus Payments During Notice Periods
January 15, 2020Stacey R. BallIn the case of Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906, the court held that while the Plaintiff was able to receive payment of his bonus up to the termination date, he was ineligible for bonus for the 17-month common law notice period. The Plaintiff appealed the denial of his claim for bonus for the 17-month notice period...
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No Interruption in Employee’s Length of Service Despite “New”...
January 15, 2020Stacey R. BallThe Ontario Court of Appeal released its decision and confirmed that courts will overlook the differing corporate structures utilized by companies to skirt around an employee’s length of service and continuity in employment. Call Employment contracts lawyer for consultation. Facts In Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469, a dental hygienist was employed with the defendant for...
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Absenteeism and Lateness
January 13, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Workplace Sexual Harassment
January 6, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Remedies Available in Human Rights Claims
January 4, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Probationary Period Rights in Ontario
January 2, 2020Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Human Rights and Discrimination in Employment Law
December 5, 2019Stacey R. BallThis article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Defamation in the Workplace
December 4, 2019Stacey R. BallDefamation, as a legal concept, requires three things to be established on a balance of probabilities before a comment is considered defamatory.
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Duty to Accommodate in Employment Law and Undue Hardship
December 4, 2019Stacey R. BallEmployers have a duty to accommodate their employees. In Ontario there is legislative recognition of this duty under s.11(2), 17(2) and 24(2). The duty as stated in the Syndicat case is intended to “ensure that an employee who is able to work can do so”
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Katz et al v Clarke: The Duty to Accommodate,...
November 15, 2019Stacey R. BallThe Ontario Divisional Court has upheld that the employer may terminate an employee with a disability when there is undisputed medical evidence that an employee will be unable to fulfill the essential obligations of the employment relationship for the foreseeable future and there are no accommodations that would allow the employee to work.
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New Law About Overtime Pay
September 30, 2019Stacey R. BallBill 66 is a new bill in Ontario that will have very real consequences for employees. In particular, there are changes to overtime pay and the number of hours you can work per week. If you have any questions regarding new law contact Stacey R. Ball - Employment Lawyer in Toronto today. A bit of background The official name of Bill...
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Sexual Harassment
September 13, 2019Stacey R. BallSexual harassment is an unfortunately reality in today’s society, and workplaces are not immune. However, everyone has the right to work without being sexually harassed, and there are laws in place in Ontario to help protect this right.Ontario’s human rights legislation is the Ontario Human Rights Code, and just like federal legislation, it exists in part to prevent sexual...
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Largest Monetary Award for Constructively Dismissed Employee
September 12, 2019Stacey R. BallThe Superior Court of Justice awarded $1.3 million to a constructively dismissed employee who was on a fixed-term contract. This was one of the largest damages awards given in Canadian employment law. In cases like these only experienced employment lawyer like Stacey Ball can help.Grant McGuinty (plaintiff) was the owner of a successful funeral home that he sold to...
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Entitlement to a Pro-Rated Bonus
September 12, 2019Stacey R. BallIn the recent case Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the Ontario Court of Appeal discusses entitlement to damages in relation to bonuses. Specifically, it assessed the situation in which an employee works during, or has a notice period that goes into, the time period in which a bonus is earned, but where the bonus becomes...
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Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679:...
September 10, 2019Stacey R. BallIn Andros, the Ontario Court of Appeal discussed the interpretation of a termination clause. There were discussions regarding ambiguity within the termination clause, incorporating Ontario’s Employment Standards Act (ESA) through silence, and interpreting the termination clause as a whole. Importantly, the decision in this case reinforces the principle that the entire termination clause is void if there is a...
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Confidentiality Provisions in Settlement Agreements
September 10, 2019Stacey R. BallSettlement privilege applies during settlement negotiations and could potentially extend to completed settlement agreements (Sable Offshore Energy Inc. v Ameron International Corp., 2013 SCC 37). However, including a confidentiality provision in a settlement agreement is preferable to relying on settlement provision due to the certainty and specificity that a properly formulated confidentiality provision will provide. The confidentiality provision can...
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“Equal Pay for Equal Work” in Ontario
September 7, 2019Stacey R. BallYou may have heard the phrase “equal pay for equal work”. In Ontario, this means that an employer cannot pay one employee less than another on the basis of sex when three conditions are met:(1) They are performing substantially the same kind of work in the same establishment,(2) The work requires basically the same skill, effort and responsibility, and(3)...
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Terminated for Just Cause
September 5, 2019Stacey R. BallIn Ontario, an employer can terminate an employee for “just cause”, meaning they have a legitimate reason to dismiss them and the employee will not receive any termination or severance pay as a result. This is a high bar in Canadian employment law. In fact, dismissal for “just cause” has been called the capital punishment of employment law. Typically,...
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Keenan v. Canac
September 3, 2019Stacey R. BallThe ONCA dismissed the appeal of the Appellant (Defendant) in the case of Keenan v. Canac Kitchens, 2016 ONCA 79.The case surrounded the dismissal of two long-term and senior employees who had been dismissed after approximately 32 years of service for Lawrence Keenan and after 25 years of service for Marilyn Keenan. On termination, no pay, notice or statutory...
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Independent Contractor v. Employee
August 31, 2019Stacey R. BallWhat’s the Difference? Businesses use a variety of different workers for varying purposes. Employees may be hired for indefinite or fixed term employment and consultants or independent contractors can be retained to provide services on a project basis without ever becoming employees. There are differences between the two categories and each poses their own legal implications in the event of...
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Can An Employee Be Incorporated?
August 29, 2019Stacey R. BallWhat is a Personal Services Business? A person services business (PSB) is a business operating as a corporation that provides services to other entities in which an employee or officer of that entity may traditionally perform. In lay-mans terms, it is an incorporated employee and for some employees, incorporation may prove beneficial.The CRA has clearly set out what type of...
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Dependent Contractor v. Employees
August 27, 2019Stacey R. BallWhat is a Dependent Contractor? A workers relationship generally falls into one of three classifications: employee, dependent contractor or independent contractor. Dependent contractors are seen as the in-between category of workers—basically if one is held to be a contractor and not an employee at first instances, the legal test will assess whether the worker is an independent or dependent contractor.The...
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How to Contest a Wrongful Dismissal
August 25, 2019Stacey R. BallEmployers in Canada are bound under both federal and provincial legislation to provide reasonable notice or pay in lieu of notice to their employees for termination where there is no just cause for dismissal. From the time you sign your employment agreement until the time you are terminated, it is important that employees be aware of their rights under...
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Review of most recent updates to Labour and Employment...
July 18, 2019Stacey R. BallBill 66 is a new bill that was introduced in Ontario on December 6, 2018. Its official name is the “Restoring Ontario’s Competitiveness Act, 2018.” The bill, introduced by the Ford government, involved changes to the Employment Standards Act and the Labour Relations Act that would have a real impact on Ontario employers and employees.As the name suggests, the...
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Employment status: difference between EMPLOYEE and CONTRACTOR
July 11, 2019Stacey R. BallIf you have recently been terminated from your job, there is no doubt you will have questions. For example, you may want to know about reasonable notice or what other rights you are entitled to.What you may not know is that the answers will vary depending on your employment status: are you an employee, a dependent contractor or an...
Mr. Ball is Author of a Leading Treatise in the Area Canadian Employment and Labour Law
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 (including sexual harassment), employment standards, workers’ compensation, unemployment insurance, and labour relations.
Learn about Mr. Ball’s professional recognition and hear what his clients have to say!
Canadian Employment Law
Mr. Ball is 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.
EMPLOYMENT AND LABOUR LAWYER CONSULTATION
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 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 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 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?
WE ARE HERE TO HELP
Wrongful Dismissal
Remedies for constructive dismissal are similar to those found in a wrongful dismissal suit.
Human Rights
Prohibits discrimination on the basis of sex, gender, age, national origin, sexual orientation, and medical handicaps (conditions).
Sexual Harassment
The existence of sexual harassment in the workplace is still quite common despite social unacceptability.
Bad Faith Discharge
Employers are obligated by law to treat their employees fairly and to act in good faith.
Severance Package
“Severance” at common law is tied to the amount of termination notice an employee should be given.
Constructive Dismissal
Situations where an employee has not been dismissed but their employment has changed significantly..
Meet Our Team
Stacey Reginald Ball
Rebecca Carty
Yasamin Pouragheli
