Lluc Cerda
J.D., LL.B., B.F.A.
Managing Partner, Calgary & Western Canada Practice Leader
Practice Areas
Employment Law
Location
Calgary, Ottawa, Toronto
Experience
Lluc Cerda is the Managing Partner of Samfiru Tumarkin LLP’s Calgary office, and Western Canada Practice Leader of the firm’s Labour and Employment Law group. He has a keen focus on serving clients across Alberta and Ontario.
Lluc has invaluable experience representing clients before the courts, including the Court of Queen’s Bench in Alberta, the Labour Relations Board, the Human Rights Tribunal, the Tax Court of Canada, and the Canadian Labour Program. Read reviews about Lluc.
He has appeared at all levels of the Ontario courts, including the Court of Appeal, the Superior Court, and the Small Claims court.
For employees, his areas of expertise include:
- Wrongful dismissals
- Constructive dismissals
- Reviewing and drafting employment contracts
- Advising on the legality of severance packages
- Helping terminated employees improve compensation
- Employment standards
- Disability law
- Human rights violations
- Workplace harassment and discrimination
- Workplace discipline
- Occupational health and safety
Lluc also advises employers on how to properly navigate the requirements of various employment laws including the Employment Standards Act, the Human Rights Code, and the Income Tax Act.
He has represented a number of companies that have been sued for wrongful termination and discrimination.
Interviews & Media
2023
- Shopify’s Severance Mistake Doesn’t Make Sense – CTV News
- Lululemon Workers Fired For Chasing Burglars – 640 Toronto
- Nordstrom Bankruptcy and Employee Rights – CP24
- Severance for Nordstrom Employees Unlikely – CTV News
- Indigo Employee Rights Following Data Breach – Yahoo! News
2022
- Calgary employment lawyer talks removing vaccine mandates at work – 770 CHQR
- Employment lawyer Lluc Cerda on fired unvaccinated employees pursuing severance – CityNews Edmonton
- CFL Strikes and different provincial labour laws – 770 CHQR
- Employment lawyer on failing to recall employees from IDEL – Newstalk 1010
- Employment lawyer Lluc Cerda on the end of COVID-19 layoffs – Toronto Star
- Employees given working notice to return to the office – 640 Toronto
- Employment lawyer discusses Ontario ban of NDAs – 640 Toronto
2021
- A flexible workplace and employee rights post-COVID-19 – 630 CHED
- Employment Lawyer on severance for oil industry workers – CBC News
- Employment Lawyer on mandatory vaccines for healthcare workers in B.C. – Global BC
- Employer liability if an employee contracts COVID-19 at a holiday party – 640 Toronto
- Lluc Cerda on Global News discusses vaccine policies and worker rights – Global News
- COVID-19 vaccines and ethics in the workplace – 980 CKNW
- Working in extreme heat and employment laws – National Observer
- Lluc Cerda on restaurant servers’ rights to minimum wage – Toronto Star
2020
Articles & Blogs
2022
- Can I be fired and replaced with artificial intelligence?
- Suncor cutting 20% of contractor workforce following ‘thorough review’
- Suncor sells wind, solar assets to Canadian Utilities Limited: Employee rights
- Former Alberta human rights chief files $2.1M wrongful dismissal lawsuit
- Ariella Kimmel, Alberta government staffer, sues for wrongful dismissal
- Employee rights on election day: Alberta Provincial Election
- Aurora Cannabis closes Sky production facility in Edmonton
- IBM announces innovation centre, jobs in Calgary
- Severance for Alberta Health Services employees
- Servus Credit Union and severance pay
- Severance pay for truck drivers
- Ontario to ban sexual misconduct NDAs for post-secondary staff
2021
- Alberta Health Services places 1,600 staff on unpaid leave
- Can my employer force me to take a pay cut if I continue working remotely?
- Court decisions find employers don’t owe duty of care in conducting investigations
- Ministry of Labour quietly updates IDEL policy
- Can my employer use “Alexa” to listen to me?
- Can my employer reward employees for getting a COVID-19 vaccination?
- Can my employer make changes to my work during the pandemic?
- Keeping track of your job searches after termination
2020
2019
Notable Cases
Henderson v. Slavkin et al
Rose Henderson was a 63-year-old dental receptionist with 30 years of service. She was fired with six months of working notice, with her last day of work occurring in April 2020. Lluc successfully argued before provincial court that the termination clause in Rose’s employment contract was unenforceable, and her severance entitlements were increased to 15 months’ pay. Read more here.
Taylor v. Hanley Hospitality Inc.
Ms. Taylor had 16 years of service when she was laid off in March 2020. On appeal, the Court of Appeal overturned a lower court decision dismissing her claim for constructive dismissal because the Covid-19 pandemic had altered her employment rights. Taylor was awarded costs on the appeal and her claim was reinstated. Read more 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 here.
Education
Lluc holds a double degree in law (J.D. and LL.B.) from Université de Montréal and is currently enrolled in the Labour and Employment Law Masters at Osgoode Hall. He also holds a BFA in Fine Arts from Concordia University in Montreal. He completed his articles at Legal Aid Ontario.
During law school, Lluc was the co-head of his university’s chapter of Pro Bono Students Canada, where he helped partner law students with non-profits in need of volunteers with a legal background. Lluc also represented his school at the Wilson Moot Court, where he defended the Canadian Government’s policy of favouring native foster homes for placement of native foster children.
Languages Spoken
Lluc is fluent in:
- English
- French
- Spanish
More from Lluc Cerda
Discover more about your employment rights with additional resources from Lluc.Blog
Ontario Court of Appeal Upholds 24-Month Upper Limit for Notice Absent Exceptional Circumstances
The Court of Appeal has partially overturned a recent ruling that had found that a long-serving, senior employee was entitled to 30…
Blog
Employment lawyer Lluc Cerda on the end of COVID-19 layoffs
Employment lawyer Lluc Cerda speaks to the Toronto Star regarding the end of IDEL layoffs and worker compensation.
Blog
Employment lawyer on failing to recall employees from IDEL
Employment lawyer Lluc Cerda joins Jerry Agar on Newstalk 1010 to discuss the consequences for employees who take time away from the…