David Vaughan

The Employment Law Show on Radio

On Monday nights at 7 p.m. on Global News Radio 640 Toronto and 980 CFPL in London, David hosts the Employment Law Show. The live call-in program gives employees and employers in Toronto and the GTA the opportunity to talk to an experienced employment lawyer about their employment rights and workplace issues.

Topics of interest include severance pay, workplace harassment and discrimination, wrongful dismissal, constructive dismissal, misclassification of employees and independent contractors in Ontario, employment contracts and more.

Listen to episodes of the Employment Law Show

2019

• Legal to secretly record phone calls the way Jody Wilson-Raybould did? – 640 Toronto
• Hamilton Woman Says Employer Forced Her to be Around Allegedly Abusive Chiropractor – 900 CHML

2017

• Concerns About Severance Offers for Fired Postmedia & Torstar Employees – 610 CKTB
• Susur Lee restaurant staff lose tips to IOU Policy – CBC News
• Sears Canada: Do Employees Have Any Rights? – Global News
• Sears Canada & Creditor Protection: Why This Is Bad For Employees – 640 Toronto
• TTC Employees to Undergo Random Drug Testing – 640 Toronto

2023

• Kyndryl cuts 2,000 jobs from workforce in tech downturn

2021

• Are your travel plans worth the risk of losing your job?
• Terminated from Air Canada: Are you entitled to severance?
• Roberto Alomar Fired Over Workplace Harassment

2019

• Can off-duty conduct result in a termination for cause?

2016

• How to calculate severance pay in Canada

2014

• Planning for Holiday Parties as an Employer & Employee

Reported Decisions

Pham v. Qualified Metal Fabricators Ltd.

David and Partner Jon Pinkus secured a groundbreaking and precedent-setting win in Pham v. Qualified Metal Fabricators Ltd. The pair successfully argued that their client’s silence during a temporary layoff — even after multiple extensions — didn’t amount to consent.

Read more about the win here.

Mazanek v. Bill & Son Towing

Mr. Mazanek was a 44-year-old tow truck driver who was misclassified as a contractor by his employer. He was terminated for cause due to serious allegations of theft. At trial, the court found that the employer had not been able to prove any of its theft allegations and that the employer’s main witness was not credible. Mr. Mazanek was found to be an employee. He was awarded 6 months of severance and the vacation he was owed for the two years prior to his termination.

Read more about the results here.

Czerniawski v. Corma Inc.

David’s client was let go for cause after 19 years of employment in the manufacturing industry, following an incident in the workplace. David successfully argued before Ontario Superior Court that employer failed to explore other disciplinary options and did not have the right to fire the employee without severance pay. Samfiru Tumarkin LLP won 19 months’ pay plus 10% for benefits for our client

Read more about his win here.

Alarashi v. Big Brothers Big Sisters of Toronto

David’s client was let go without cause after four years of employment, and only given four weeks’ severance pay due to the terms set out in the employment contract. David successfully argued that the termination clause in his client’s contract was invalid, and secured a substantial increase in common law termination pay.

Read more about his win at the Ontario Superior Court of Justice here.

Fillmore v. Hercules

David successfully defended their case at the Ontario Court of Appeal. The decision in Fillmore v. Hercules is important because it reaffirms that the duty to mitigate is not triggered unless the employer re-extends an offer to work out the notice period after the initial termination.

Read more about his win at the court of appeal here.

Carpenter v. Brains II, Canada Inc.

David’s client was let go without cause after eighteen years of employment, and only given eight weeks’ working notice and 18 weeks’ severance pay due to the terms set out in her employment contract. David successfully argued that the termination clause in her contract was not enforceable, and secured a substantial increase in common law termination pay.

Read more about the win here.

David completed his law degree at the University of Western Ontario.

Prior to law school, he achieved both his Master of Arts degree in Political Science and Bachelor of Arts, Honours degree in Political Science at Wilfrid Laurier University.