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Filip Szadurski is an Employment, Labour, Litigation & Contracts Lawyer! Based in Ottawa, Filip brings solid litigation experience, caselaw wisdom, a workplace investigation certification, and experience guiding clients through their workplace law issues. Equally valuable are his kindness, collaborative nature, boundless enthusiasm, and diverse background as a chef and social worker.

Introduction

As an employer operating in a unionized environment—whether in Ontario or under federal jurisdiction—you may encounter complex workplace disputes involving human rights issues. A common question that arises is whether employees can bypass their union to file a human rights complaint directly.

Historically, the answer was uncertain, and unions were seen as the primary—if not exclusive—representative for workplace disputes. However, recent legal decisions have clarified when employees can pursue human rights claims independently. Understanding these rulings is essential for ensuring compliance, managing risk, and effectively handling workplace disputes.Continue Reading Understanding Human Rights Protections and Union Representation

Introduction

With Ontario’s provincial election approaching, employers should be aware of their obligations when it comes to allowing employees time off to vote. The Election Act, R.S.O. 1990, c. E.6 (“Elections Act”) provides clear rules to ensure employees have sufficient time to cast their ballots while balancing their work responsibilities.

This post outlines employee rights to voting leave, employer obligations, and key considerations for businesses in Ontario.Continue Reading Ontario Employee Rights to Time Off for Voting: What Employers Need to Know

Determining appropriate common law notice periods for short-service employees remains one of the most debated topics in Ontario employment law. This is especially so when those employees are senior-ranking employees or executives. While long-service employees often expect generous notice periods, recent case law continues a long-evolving trend of courts willing to award significant notice to short-service employees. Continue Reading Common Law Notice Periods for Short-Service “Executives”: Trends from 2023-2025

As the holiday season approaches, it is a good time to revisit lessons from highly pertinent employment law cases. One case that stands out is Matthews v. Ocean Nutrition Canada Ltd. (“Matthews”), which serves as a key reminder for employers regarding bonuses, commissions, and shares potentially owed to employees after termination.

Although this case was decided a few years ago, the principles remain highly relevant, particularly during the end of the year when many employers are planning reviews of compensation plans for the following year and paying out holiday bonuses. Continue Reading All I Want for Christmas Is… My Bonus (Even After Termination!)

Franchise businesses come with their own unique blend of benefits and challenges, but a rarely discussed area is the intersection of franchise law with employment law. Continue Reading Hidden Employment Liabilities for Franchisors: What You Need to Know in Ontario

The legalization of recreational cannabis in Canada in 2018, opened the door to a wave of new questions about how it fits into the workplace.

Employees might feel empowered to use cannabis in their free time, but employers are increasingly concerned about its impact on safety, performance, and overall productivity. Continue Reading Recreational Cannabis Use and Employment

Are you an employer using fixed-term employment contracts and wondering how to avoid costly legal pitfalls?

Ontario’s recent Steele v. City of Barrie decision provides key insights on how to use FTECs effectively, minimizing risks like paying out full contracts or unintentionally creating indefinite-term employees. Here’s what you need to know. Continue Reading Navigating Fixed-Term Contract Risks: Essential Lessons for Ontario Employers

Have you ever wondered if there’s a way to defend against Occupational Health and Safety Act (OHSA) charges beyond the usual due diligence defence?

It turns out, that there is—a little-known and often misunderstood defense called Officially Induced Error (OIE).Continue Reading Further Defenses to OHSA Charges: Officially Induced Error

In workplace safety, adherence to the Ontario Occupational Health and Safety Act (OHSA) is paramount. Welcome to the third blog in our OHSA series. Discover how previous regulatory convictions impact sentencing for new OHSA violations. Read our previous blogs here and here.

Convictions for violations of Ontario’s Occupational Health and Safety Act (OHSA) frequently result in significant fines for both corporate entities and individuals. Furthermore, individual defendants may face incarceration if the breaches in question involve significant aggravating factors.Continue Reading How do prior regulatory convictions affect sentencing outcomes for new OHSA violations?

Our clients ask us this all the time. They’ve usually already thought about it for weeks/months/years, but never know if and when to do it. I’ve yet to meet an employer who loves terminating employees – it’s hard, painful, disruptive and most feel bad about it overall.Continue Reading Aggravating and Mitigating Sentencing Factors in OHSA Convictions