Fiona Martyn
B.Soc.Sc. (Hons.), J.D.
Senior Associate
Contact Information
Contact Fiona
T: 1 (844) 661-9065 (Ext.172)
F: (416) 361-0993
E: fiona.martyn@stlawyers.ca
Contact Assistant – Juliette Busch
T: 1 (844) 661-9065 (Ext.142)
E: juliette.busch@stlawyers.ca
Practice Areas
Employment Law
Location
Ottawa, Toronto
Experience
Fiona Martyn is an Ontario employment lawyer and a Senior Associate with Samfiru Tumarkin LLP’s Labour and Employment Law practice group.
Fiona is a strong advocate who is committed to achieving practical, timely and effective resolutions through both negotiated settlements and litigation. Read reviews about Fiona.
Working through the firm’s Toronto and Ottawa offices, she represents both employers and employees on various employment law matters, including:
- Wrongful dismissal in Ontario
- Dismissals for cause and without cause in Ontario
- Constructive dismissal
- Temporary layoffs in Ontario
- Severance agreements
- Employment agreements in Ontario
- Human rights in the workplace
- Workplace harassment and discrimination
She has successfully appeared before various courts and tribunals including the Superior Court of Justice, the Small Claims Court, the Human Rights Tribunal of Ontario, the Ontario Labour Relations Board, the Grievance Settlement Board, and the Social Security Tribunal of Canada.
Prior to joining Samfiru Tumarkin LLP, Fiona articled and practised at a boutique labour and employment firm in Toronto. Her experience advising both employers and employees provides her with a balanced and insightful approach when advising her clients.
Outside of the office, Fiona enjoys travelling, trying new restaurants, and playing the piano as well as guitar.
Interviews & Media
2023
- PwC Layoffs & Severance Scrutiny – Globe and Mail
- Doctor’s Social Media Misstep, Suspension – Newstalk 1010
- Pay Transparency in Job Postings and AI – 770 CHQR
- Education Assistant’s OnlyFans Page & Rights – 900 CHML
- Consequences of Falsely Claiming Overtime – 640 Toronto
- RenoRun Layoffs and Unpaid Wages – The Logic
- Disclosing Work Relationships and John Tory – CTV News
2022
- Employment lawyer talks employee rights in GMA hosts scandal – Newstalk 1010
- Employment lawyer on insurance industry layoffs in Canada – Insurance Business Magazine
- Fiona Martyn on 900 CHML talks Twitter “hardcore” ultimatum – 900 CHML
- Employment lawyer discusses Hockey Canada board member resignations – 900 CHML
- Toronto employment lawyer on negotiating a return to the office – 640 Toronto
- Toronto employment lawyer on returning to the office amidst Tesla demand – 900 CHML
- Would menstrual leave work for employees in Canada? – 900 CHML
- Employment Lawyer on Global News about Freshii and employee rights – Global News
- Employment lawyer on email terminations and rights to severance – 640 Toronto
- Toronto employment lawyer on GoodLife Fitness employee entitlements – HR Reporter
- Employment lawyer Fiona Martyn on Ontario’s electronic monitoring legislation – 900 CHML
- Losing employment due to donating to protests – 640 Toronto
2021
- Employment Lawyer on vaccination mandate for City of Toronto workers – Toronto Star
- Athletes and employee rights to refusing vaccination – CBC News
- Fiona Martyn on 640 Toronto about non-compete clauses and right to disconnect – 640 Toronto
- Fiona Martyn, Vaccine Policies and E.I. Benefits – 900 CHML
- Lawyer on temporary layoffs and severance pay – 640 Toronto
- Nelmar Drywall contractors fired for cause due to party – Global News
- Fiona Martyn with Durham news on COVID-19 vaccines – Durham News
- Employment lawyer on Greyhound closure and severance pay – 640 Toronto
- Employment lawyer on Peel and Toronto business closures – Global News
Notable Cases
McFarlane v. King Ursa Inc.
Fiona and the team at Samfiru Tumarkin LLP secured more than $300,000 in damages for their client, a high-level executive in Ontario, after successfully arguing at the Ontario Superior Court of Justice that she was constructively dismissed following her return from maternity leave.
Turcotte v. Grenville Management Inc.
Fiona and Partner Jon Pinkus secured 16 months of severance pay for their client. They successfully argued at the Ontario Superior Court of Justice that the individual’s temporary layoff during the COVID-19 pandemic, which lasted more than two years, constituted a constructive dismissal at common law.
Publications
2023
- Should I negotiate my own severance package in Ontario?
- Bill 88: What business and IT consultants in Ontario need to know
- Twitter staff receive severance offers two months after mass layoffs
2022
- Employee rights on election day: Canadian Federal Election
- Meal breaks in Ontario: Rights for employees
- Smoking breaks in Ontario: Rights for employees
- Sick notes in Ontario: Rights for employees
2021
Education
Fiona graduated cum laude from the University of Ottawa, Faculty of Law, where she completed her law degree in French. She also holds an Honours degree in political science from the University of Ottawa.
During law school, Fiona worked as Research Assistant at the Ontario Ministry of Labour and conducted research for the University of Ottawa on the human rights violations of refugees and employment-related immigration reform. She also served as a caseworker at the University of Ottawa Community Legal Clinic representing clients in the family law division.
Prior to joining the firm, Fiona interned at the office of a Member of Parliament and at the United Nations Population Fund in New York.
Memberships & Affiliations
- On the Board of Directors for the Employment Law Association of Ontario (ELAO)
Initiatives
Recent speaking engagements
April 2024
- Law Society of Ontario: Panelist for Eight Minute Employment Lawyer
December 2022
- Ontario Bar Association: Panelist for Litigating An Employment File
December 2020
- Ontario Bar Association: Panelist for Key Professionalism Issues for Labour and Employment Lawyers
Helpful Resources
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