Thomas J. Gorsky

Tom is a highly experienced and accomplished employment lawyer. Named one of Canada’s Top 100 employment lawyers by LawDay, Tom has extensive courtroom experience, having appeared countless times in the Superior Court of Justice and Ontario Court of Appeal.

Tom’s expertise includes:

Tom writes and speaks regularly on a variety of topics related to his practice, is a former editor of the Dismissal and Employment Law Digest, and has appeared as guest on various media outlets including CFRB 1010 and AM640.

Tom is a member of the Law Society of Upper Canada, Canadian Bar Association (Labour & Employment, Civil Litigation, Constitutional, Civil Liberties, Human Rights, Class Actions, Pensions & Benefits, W

 

Publications and Media Mentions:

OCA allows lawsuit against union to proceed

Law Times - May 8, 2017

Preventing Violence and Harassment in the Workplace: We're Just Getting Started…

OMHRA (Ontario Municipal Human Resources Association) - Spring 2016

Has the Court of Appeal for Ontario Slammed the Door Entirely Shut on Financially Struggling Employers?

OMHRA (Ontario Municipal Human Resources Association) - Spring 2016

When the costs of termination in a group practice become a group problem

Ontario Medical Review - Legal Update - February 2016

The Battle Against Workplace Harassment is Heating Up – On the News, In the Courts, In the Legislature

Canadian Occupational Safety - November 27, 2015

It’s never okay — Preventing violence and harassment in the workplace

Canadian Employment Law Today - November 25, 2015

Supreme Court Clarifies Test for Constructive Dismissal

OMHRA (Ontario Municipal Human Resources Association) - Fall 2015

Supreme Court Clarifies Test for Constructive Dismissal

Canadian Bar Association - August 2015

Employment Contracts – Invaluable protection against costly severance claims

Senior Care Canada - Third Quarter 2015

Preventing Violence and Harassment in the Workplace: We’re just getting started…

Ontario Bar Association - January 29, 2015

What a Difference a Month Makes

Ontario Bar Association - January 20, 2015

New legal duty of honest performance: What it could mean for employers

Sherrard Kuzz LLP - January 2015

Labour board serves up shocker to McDonald’s

Canadian HR Reporter - September 8, 2014

The Intricacies of Constructive Dismissal

Canadian Lawyer - September 2014

Responding to a Union Drive

Grocery Business - September/October 2014

U.S. labour board serves up shocker to McDonald’s

Canadian Employment Law Today - August 15, 2014

Option to keep working must be clear for dismissed workers

Canadian Employment Law Today - June 25, 2014

Employers are people too: Ontario court sympathizes with employer’s difficult financial circumstances

Canadian Employment Law Today - May 28, 2014

Labour Board Serves Up Shocker To McDonald’s - Finds franchisor potentially liable for employment practices of franchisees’

Sherrard Kuzz LLP - August 2014

Employment contracts: invaluable protection against costly severance claims

Ontario Medical Review - February 2014

Don't fear 'administrative' leave

Canadian Employment Law Today - September 4, 2013

Escorted ex-employee escorts employer to court

Canadian Employment Law Today - May 1, 2013

Political beliefs the next protected ground?

Canadian Employment Law Today - January 9, 2013

Whirlpool disappointed by what comes out in judicial wash

RetirementHomes.com - March 28, 2012

No bonus for employees on notice? Better let them know

Canadian Employment Law Today - March 21, 2012

Employer's rush to judgment leads to judgment against employer

Canadian Employment Law Today - February 22, 2012

Just Cause and the Retirement Home Employee - When is bad conduct bad enough?

RetirementHomes.com - December 2, 2011

Law firm's mandatory retirement policy retired

Canadian HR Reporter - September 12, 2011

B.C. law firm's mandatory retirement policy retired by court

Canadian Employment Law Today - August 24, 2011

Employment & Labour Law ... Staying ahead of the curve

RetirementHomes.com - August 4, 2011

Sweet deal for candy factory employee

Canadian Employment Law Today - January 26, 2011

Costco Experiences Frustration with Judge's Generous Returns Policy

Human Resources Institute of Alberta - E Source - November 2010

6 Things To Do When A Safety Inspector Comes Knocking At The Door

Canadian HR Reporter - July 2010

6 Things To Do When A Safety Inspector Comes Knocking At The Door

Canadian Safety Reporter - July 2010

How To Run Your Own Investigation As A Result Of A Workplace Accident

Ontario Electrical League - Dialogue, Issue 31-3 - Summer 2009

Guest Blog: Gorsky on Whether the people offered jobs by Ford, but then told not to report, have an action against Ford?

Doorey's Workplace Law Blog - August 11, 2008

La-Z-Boy caught reclining while drafting employment contracts, says Court of Appeal

HRPA of Ontario - Employment Law at Work - August 2008

Accommodation Goes Beyond Disability

Canadian HR Reporter - June 16, 2008

Revamping The Canada Labour Code

Human Resources Professionals Association of Durham – Resource - April, 2008

Family Status: What Should Be Accommodated?

Canadian Employment Law Today - January 16, 2008

Potential Costs of Violating Pregnancy or Parental Leave Rights

The Ontario Municipal Human Resources Association Newsletter - October, 2007

References: Reducing the Stress

The Ontario Municipal Human Resources Association Newsletter - June, 2007

References: Reducing the Stress

Dialogue - Ontario Electrical League - Spring, 2007

References: Reducing the Stress

Ontario Bar Association: Young Lawyers' Division - December, 2006

Assurant Group v. Fillion

CBA National Labour and Employment Law Section Newsletter - 2006

 

Speaking Engagements:

Judicial Treatment of Mitigation when Notice Period is Continuing
The Law Society of Upper Canada, Employment Law Summit - October 19, 2017

Practice Perspectives: Commercial, Personal Injury and Employment Law
Ontario Bar Association , The Nuts and Bolts of the Summary Judgment Motion - November 10, 2016

What You Need to Know—A Guide to Employment and Labour Law Basics
Human Resources Professionals Association (HRPA) - October 13, 2016

Group Insurance Benefits - Avoid Dangerous Employer Liability Traps!
Sherrard Kuzz LLP, HReview Seminar - September 28, 2016

Employee Off-Duty Conduct – Protecting the Workplace
Canadian HR Reporter - December 3, 2015

The Canada Labour Code: A Primer for Federally Regulated Employers
HR Reporter Webinar, Thomson Reuters - April 10, 2014

A Need for Balance: A Legal and Business Perspective on Outplacement
HR Reporter Webinar, Thomson Reuters - April 17, 2012

Workplace Safety and Insurance: How Actively Managing Your Files Can Affect Your Bottom Line
HR Reporter Webinar, Thomson Reuters - March 21, 2012

Protecting the Bottom Line! 8 Ways to Minimize Employment and Labour Risk
Financial Executives International - March 1, 2012

Bill 160: Making Sense of Ontario’s New Health and Safety Prevention Amendments
Human Resources Professionals Association – Halton Chapter - February 7, 2012

How to Structure Termination & Severance Packages
Lancaster House, Webinar - September 22, 2011

Bill 168 Update
Law Society of Upper Canada, The Six-Minute Employment Lawyer 2011 - June 20, 2011

Preparing for a Workplace Health and Safety Investigation
Human Resources Professionals Association, Webinar - October 14, 2010

Executive Employment Agreements
Law Society of Upper Canada - September 15, 2010

Bill 168 – Workplace Violence Legislation from Bill to Law: Coming our Way June 2010
ASIS Toronto - January 20, 2010

Employment Law 2009: Key Employment Cases Affecting Your Organization
Human Resources Professionals Association of West Toronto - December 9, 2009

Performance Management – How to Manage, Motivate and Avoid Liability
Sherrard Kuzz LLP HReview Seminar Series - June 3, 2009

How to Conduct a Workplace Investigation – Without Becoming the Subject of an Investigation Yourself?
Sherrard Kuzz LLP HReview Seminar Series - November 19, 2008

Ethical Issues for the Employment Lawyer, 9th Annual Employment Law Summit
Law Society of Upper Canada - October 30, 2008