
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 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 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 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
- Pensions and Benefits
- Employment Contracts (including Independent Contractor Agreements)
- Employment and Labour Issues in Corporate Restructuring and Transactions
- Employment Standards
- 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
- 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