Cell: 416.453.5395
24 Hour: 416.420.0738
Osgoode Hall Law School,
Bachelor of Laws
Thomas J. Gorsky
Tom is a highly experienced and accomplished employment lawyer. Named a Thomson Reuters Stand-out Lawyer, Tom has also been recognized by Best Lawyers® as 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 Court of Appeal for Ontario.
A former editor of the Dismissal and Employment Law Digest, Tom has appeared as a guest on various media outlets, including CFRB 1010 and AM640.
Tom is a member of the Law Society of Ontario, Toronto Lawyers’ Association, Canadian Bar Association and Ontario Bar Association (Administrative Law, Class Actions, Labour & Employment, CCCA/Corporate Counsel, Pensions and Benefits, Privacy and Access to Information, Civil Litigation, Constitutional, Civil Liberties, Human Rights, Workers’ Compensation).
Areas of Focus:
- Advising Multinational and Multi-Jurisdictional Employers
- Attendance Management
- Civil Litigation
- Employment Contracts (including Independent Contractor Agreements)
- Employment Standards
- Employment and Labour Issues in Corporate Restructuring and Transactions
- Executive Employment Agreements and Compensation
- Human Rights and Accommodation
- Injunctive Court Proceedings and Judicial Review
- Labour Relations and Industrial Relations Board Proceedings
- Mediation and Alternative Dispute Resolution
- Occupational Health and Safety
- Pensions and Benefits
- Policy Development and Implementation
- Sale or Closure
- Workplace Audits
- Workplace Investigations
- Workplace Safety and Insurance
- Wrongful and Constructive Dismissal Litigation
Publications & Media
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Ontario Court Orders Specific Performance of Travel Benefits in Wrongful Dismissal Action
August, 2022Management Counsel
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Court orders Air Canada to enrol dismissed worker in retiree benefits plan
May 30, 2022
Canadian HRReporter
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No employer too small to avoid glare of social media
February 09, 2021
Talent Canada
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Absence of Duty to Mitigate Does Not Mean Mitigation Earnings Don’t Count
November, 2020Management Counsel
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Contractual Damages Must Be Proven Supreme Court Ruling Shows
August 4, 2020
Talent Canada
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Cannabis: One Year After Legalization What Do We Know
December 2019
Canadian HR Reporter
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Cannabis: One Year After Legalization What Do We Know
December 2019
UBCM Group Benefits Plan Newsletter
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When Does a Resignation Really Mean “Goodbye”?
August 28, 2019Briefing Note
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When Does A Resignation Really Mean Goodbye?
August 16, 2019
HReporter
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Family Status Accommodation: Where do we stand?
June 2019
Canadian HR Reporter
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Independent Contractors- Riskier Than Ever
March 2019
Canadian HRReporter
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What are you legally allowed to do to offset the minimum wage hike?
March 5, 2018
HD (Human Resources Director Canada)
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Vicissitudes: The ebb and flow of our courts’ approach to termination clauses
June, 2017Management Counsel
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OCA allows lawsuit against union to proceed
May 8, 2017
Law Times
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Preventing Violence and Harassment in the Workplace, We’re Just Getting Started…
Spring 2016
OMHRA (Ontario Municipal Human Resources Association)
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Spring 2016
OMHRA (Ontario Municipal Human Resources Association)
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When the costs of termination in a group practice become a group problem:
February 2016
Ontario Medical Review - Legal Update
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November 27, 2015
Canadian Occupational Safety
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It’s never okay — Preventing violence and harassment in the workplace
November 25, 2015
Canadian Employment Law Today
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Supreme Court Clarifies Test for Constructive Dismissal
Fall 2015
OMHRA (Ontario Municipal Human Resources Association)
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Supreme Court Clarifies Test for Constructive Dismissal
August 2015
Canadian Bar Association
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Employment Contracts – Invaluable protection against costly severance claims
Summer 2016
Senior Care Canada
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Preventing Violence and Harassment in the Workplace: We’re just getting started…
January 29, 2015
Ontario Bar Association
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What a Difference a Month Makes
January 20, 2015
Ontario Bar Association
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New legal duty of honest performance: What it could mean for employers
January 2015Briefing Note
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Labour board serves up shocker to McDonald’s
September 8, 2014
Canadian HR Reporter
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September/October 2014
Grocery Business
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The Intricacies of Constructive Dismissal
September 2014
Canadian Lawyer
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U.S. labour board serves up shocker to McDonald’s
August 15, 2014
Canadian Employment Law Today
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August 2014
Briefing Note
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Option to keep working must be clear for dismissed workers
June 25, 2014
Canadian Employment Law Today
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May 28, 2014
Canadian Employment Law Today
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Employment contracts: invaluable protection against costly severance claims
February 2014
Ontario Medical Review
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Don’t fear ‘administrative’ leave
September 4, 2013
Canadian Employment Law Today
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Escorted ex-employee escorts employer to court
May 1, 2013
Canadian Employment Law Today
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Political beliefs the next protected ground?
January 9, 2013
Canadian Employment Law Today
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Whirlpool disappointed by what comes out in judicial wash
March 28, 2012
RetirementHomes.com
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No bonus for employees on notice? Better let them know
March 21, 2012
Canadian Employment Law Today
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Employer’s rush to judgment leads to judgment against employer
February 22, 2012
Canadian Employment Law Today
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Just Cause and the Retirement Home Employee – When is bad conduct bad enough?
December 2, 2011
RetirementHomes.com
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Law firm’s mandatory retirement policy retired
September 12, 2011
Canadian HR Reporter
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B.C. law firm’s mandatory retirement policy retired by court
August 24, 2011
Canadian Employment Law Today
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Employment & Labour Law … Staying ahead of the curve
August 4, 2011
RetirementHomes.com
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Sweet deal for candy factory employee
January 26, 2011
Canadian Employment Law Today
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Costco Experiences Frustration with Judge’s Generous Returns Policy
November 2010
Human Resources Institute of Alberta - E Source
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6 Things To Do When A Safety Inspector Comes Knocking At The Door
July 2010
Canadian HR Reporter
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6 Things To Do When A Safety Inspector Comes Knocking At The Door
July 2010
Canadian Safety Reporter
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How To Run Your Own Investigation As A Result Of A Workplace Accident
Summer 2009
Ontario Electrical League - Dialogue, Issue 31-3
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August 11, 2008
Doorey's Workplace Law Blog
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La-Z-Boy caught reclining while drafting employment contracts, says Court of Appeal
August 2008
HRPA of Ontario
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Accommodation Goes Beyond Disability
June 16, 2008
Canadian HR Reporter
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Revamping The Canada Labour Code
April 2008
Human Resources Professionals Association of Durham
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Family Status: What Should Be Accommodated?
January 16, 2008
Canadian Employment Law Today
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Potential Costs of Violating Pregnancy or Parental Leave Rights
October 2007
The Ontario Municipal Human Resources Association Newsletter "ECHO"
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References: Reducing the Stress
June 2007
The Ontario Municipal Human Resources Association Newsletter
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References: Reducing the Stress
Spring 2007
Dialogue
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September 2006
CBA National Labour and Employment Law Section Newsletter
Speaking Engagements
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Employment Law Issues During Bankruptcy, Restructuring and/or Insolvency
September 09, 2021
Ontario Bar Association
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Cannabis in the Workplace
May 15, 2019
Owen Sound Chamber of Commerce
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Beware Ye of Little Faith: An employer’s duty to act in *good faith* during and at the end of the employment relationship - Know your obligations and avoid unprecedented liability
September 26, 2018
Sherrard Kuzz LLP, HReview
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The Employment Relationship: Best Practices in Hiring, Motivating and Terminating Employees
June 13, 2018
Council of Ontario Construction Associations
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Labour and Employment Law Year in Review
November 17, 2017
Canadian Bar Association Annual Administrative Law, Labour and Employment Law Conference
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Attendance Management
November 07, 2017
Human Resources Professionals Association (HRPA)
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Judicial Treatment of Mitigation when Notice Period is Continuing
October 19, 2017
The Law Society of Ontario, Employment Law Summit
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Practice Perspectives: Commercial, Personal Injury and Employment Law
November 10, 2016
Ontario Bar Association , The Nuts and Bolts of the Summary Judgment Motion
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What You Need to Know—A Guide to Employment and Labour Law Basics
October 13, 2016
Human Resources Professionals Association (HRPA)
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Group Insurance Benefits – Avoid Dangerous Employer Liability Traps!
September 28, 2016
Sherrard Kuzz LLP, HReview Seminar
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Employee Off-Duty Conduct – Protecting the Workplace
December 03, 2015
Canadian HR Reporter
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The Canada Labour Code: A Primer for Federally Regulated Employers
April 10, 2014
HR Reporter Webinar, Thomson Reuters
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A Need for Balance: A Legal and Business Perspective on Outplacement
April 17, 2012
HR Reporter Webinar, Thomson Reuters
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Workplace Safety and Insurance: How Actively Managing Your Files Can Affect Your Bottom Line
March 21, 2012
HR Reporter Webinar, Thomson Reuters
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Protecting the Bottom Line! 8 Ways to Minimize Employment and Labour Risk
March 1, 2012
Financial Executives International
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Bill 160: Making Sense of Ontario’s New Health and Safety Prevention Amendments
February 07, 2012
Human Resources Professionals Association – Halton Chapter
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How to Structure Termination & Severance Packages
September 22, 2011
Lancaster House, Webinar
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Bill 168 Update
June 20, 2011
Law Society of Ontario, The Six-Minute Employment Lawyer 2011
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Preparing for a Workplace Health and Safety Investigation
October 14, 2010
Human Resources Professionals Association, Webinar
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Executive Employment Agreements
September 15, 2010
Law Society of Ontario
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Bill 168 – Workplace Violence Legislation from Bill to Law: Coming our Way June 2010
January 30, 2010
ASIS Toronto
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Employment Law 2009: Key Employment Cases Affecting Your Organization
December 09, 2009
Human Resources Professionals Association of West Toronto
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Performance Management – How to Manage, Motivate and Avoid Liability
June 03, 2009
Sherrard Kuzz LLP HReview Seminar Series
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How to Conduct a Workplace Investigation – Without Becoming the Subject of an Investigation Yourself?
November 19, 2008
Sherrard Kuzz LLP HReview Seminar Series
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Ethical Issues for the Employment Lawyer, 9th Annual Employment Law Summit
October 30, 2008
Law Society of Ontario