Background

Matthew Certosimo is a partner in our Toronto office and the national leader of the Labour and Employment Group. He is certified by the Law Society of Upper Canada as a Specialist in Labour Law. Matthew was called to the Ontario Bar in 1995.

Areas of Practice

• Litigation, specializing in labour relations and employment law.

Rankings and Recognitions

• Received the designation of Certified Specialist (Labour Law) from the Law Society of Upper Canada, in November, 2011
• Selected by peers for inclusion in The Best Lawyers in Canada® 2012 (Labour and Employment Law)
• Recognized in the 2011 edition of PLC Which lawyer? (Labour and Employment - Ontario)
• Recognized in The 2011 Canadian Legal Lexpert® Directory (Employment Law - Management; Employment Law - Labour)
• Recognized in The 2010 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Employment Law)

Professional Experience

• Acts on behalf of employers and employees in employment-related litigation, including wrongful dismissals.
• Acts on behalf of employers in grievance arbitrations, matters before the Labour Relations Board, and in collective bargaining.
• Acts on behalf of employers, supervisors and constructors in proceedings under the Occupational Health and Safety Act, including in defence of quasi-criminal charges further to workplace accidents and injuries.
• Advises private and public sector employers in full range of labour relations and employment law matters, including: dismissals and discipline; employment contracts and policies; human rights issues, i.e. discrimination and harassment; workers' compensation, employment standards and occupational health and safety matters.

Professional and Community Activities

• Member of the Canadian Bar Association (Ontario)
• Member of the American Bar Association
• Called to Ontario Bar, 1995

Publications

• Co-author of legal text, Just Cause: The Law of Summary Dismissal in Canada, published by Canada Law Book (1998), updated annually.
• Editor-in-Chief, Executive Employment, Quarterly Journal, (Federated Press).
• Author, Ontario Employment and Labour Law & Commentary, (LexisNexis).
• Author, Federal Employment and Labour Law & Commentary, (LexisNexis).
• Author, Dismissals in the Unionized Workplace, 2nd edition, (Carswell, 2004).
• Author, The Regulation of Picketing, An Employer's Primer to Labour Injunctions, 2nd edition, (Carswell, 2004).
• Co-author, Understanding Ontario 's Employment Standards Act, 2000, (Carswell, 2002).
• Co-author, Recent Developments in Union Certification and Decertification, (Carswell, 2001).
• Author, When Can the Unionized Employee Sue? (Carswell, 1999).
• Contributing author, Best Practices – Terminations, (Carswell, 1999).
• Author of monthly column, The Workplace Lawyer in Workplace News (1999 –2004).

Conferences

• "Human Resource Law for Human Resource Professionals – Module 1: Employment and Labour Law Status all Human Resource Professionals Should Know: The Fundamentals", Osgoode Law (March 24, 2011).
• "Employment Issues Arising from a Sale of Business", Law Society of Upper Canada (October 5, 2010).
• "Employment Contracts And Employee Terminations", Osgoode Hall (2010).
• "Employment Issues Arising from a Sale of Business", Law Society of Upper Canada (2010).
• Lancaster House Toronto Labour Arbitration Conference (December 17, 2009).
• HRPA Conference (October 28, 2009).
• “Employment Law Issues Arising on the Purchase and Sale of a Business”, The Law Society of Upper Canada Program (October 6, 2009).
• “Corporate Counsel Love and Marriage? An Employment Law Refresher”, Ontario Bar Association 2009 Institute Program (February 3, 2009).
• Co-chair, "Six-Minute Employment Lawyer", annual Law Society of Upper Canada CLE program (1998 - 2008).
• Co-chair, "Six-Minute Labour Lawyer", annual Law Society of Upper Canada CLE program (2003 - 2008).
• “A Baker's Dozen of Note: Labour and Employment Law Update”, Ontario Bar Association 18th Annual Operation Update (October 3, 2008).
• “Demystifying Constructive Dismissal”, The Law Society of Upper Canada Program (April 10, 2008).
• “Today's Workplace - A Tool Kit for Every Lawyer”, Isaac Pitblado Lectures, The Law Society of Manitoba (November 9-10, 2007).
• “Buying and Selling a Business", The Law Society of Upper Canada (February 28, 2007).
• "Compliance Issues Related to Human Resources Management", Infonex Conference (September 26, 2006).
• "Recent Developments in Just Cause", Canadian Bar Association, New Brunswick Branch, Midwinter Meeting (February 10, 2006).
• "Current Trends in Arbitration", Human Resources Professionals Association of Ontario Conference (February 2-4, 2005).

Co-moderator, Lancaster House Audio Conferences

• "The Top 10 Human Rights Cases" (2011);
• "Workplace Liability" (2011);
• Difficult Encounters: Ensuring Legally-Compliant Pre Employment, Disciplinary, Attendance Management, and Exit Interviews (2011).
• “Top Ten Court Decisions: A Focus on Foundational Cases" (2010).
• "Disability-Related Misconduct: Deciding between Discipline and Accommodation" (2010).
• Topic: "Post-Retirement Benefits: Addressing Emerging Issues" (2010).
• "Violence and Harassment in the Workplace: Will your company be in Compliance by June 15, 2010?" (2010).
• "Hardship: Understanding the Limits of Accommodation" (2010)
• "Investigating Misconduct: An Update on Error-Free Approaches," (2010)
• "Accommodating Anxiety and Stress: A New Look at Pervasive Issues" (2010)
• "Panel 3 - Human Rights Issues" (2010)
• "Disability-Related Misconduct and Problems of Underperformance: Dealing with Mental Illness and Addiction" (2010)
• “Pension Plan Problems: Seeking Solutions in a Volatile Economic Climate” (2009).
• “Hiring and Promotion: Getting it Right” (2009).
• “Key Issues in Accommodation” (2009).
• "Filling Vacancies: The Do's and Don'ts" (2008).
• “Criminal Conduct and its Impact on Employment: Exploring the Consequences” (2008).
• “The New Human Rights System Comes to Ontario: What You Need to Know in Preparation for June 30, 2008” (2008).
• "Current Issues in Accommodation: An Advanced Session" (2007).
• "Accommodating Religious Practices in the Workplace" (2007).
• "Winning Cases at Grievance Arbitration" (2007).
• "Key Developments in Employment Law, Update 2007" (2007).
• "Benefits for Disabled Workers: Navigating the Maze" (2007).
• "Labour versus Employment Law: Examining the Different Rules of Discharge and Discipline" (2007).
• "Pensions and Retiree Benefits, Exploring Hot Button Issues" (2006).
• "Health Benefits: Achieving Cost Containment, Improving Coverage" (2006).
• "Returning Employees to Work: Finding Solutions to Difficult Issues" (2006).
• "Safety Concerns in the Workplace" (2006).
• "Psychological Harassment" (2006).
• "Surveillance Monitoring" (2006).
• "Alcoholism and Drug Addiction" (2006).
• "Email and Internet Use and Abuse" (2005).
• "Chronic Physical Disorders" (2005).

Boards/Public Service

• Member, Board of Governors, Wilfrid Laurier University.
• Past member, Justices of the Peace Appointments Advisory Committee, Ministry of the Attorney General (Ontario).
• Past director of various non-profit organizations in the education and health care sectors.
• Past member of various governmental committees, task forces and appeal boards, at the municipal, provincial and federal level.

Teaching

• Adjunct Professor, Employment and Labour Law, Woodsworth College, University of Toronto, 1996 – 2011.
• Adjunct Professor, University of Western Ontario Law School, 2003.