22 Mathews Dinsdale lawyers, from coast-to-coast, are recognized as leaders in The Best Lawyers™ in Canada 2022 in the fields of Labour and Employment Law, Workers' Compensation Law, Education Law, Employee Benefits Law and Immigration Law.
Law Society of Ontario
Brock University, B.A. (Hons.)
Queen’s University, LL.B.
American Bar Association
Canadian Association of Counsel to Employers (CACE)
Canadian Bar Association
Ontario Bar Association
Dan is an experienced legal advisor, collective bargaining spokesperson and labour litigator who has been assisting employers in all areas of workplace law for over 20 years. He is repeatedly recognized as one of the leading labour relations lawyers in Canada by Best Lawyers in Canada and the Canadian Legal Lexpert Directory.
Dan represents employers in both the public and private sectors including: Education; Long-Term Care; Power Generation and Distribution; Waste Management; Construction; Manufacturing; Engineering; Food Production; Meat Processing; Transportation; Retail; Pharmaceutical; and Information Technology.
He is well known for providing both practical and strategic advice to his clients in a timely and comprehendible manner, resulting in creative and cost effective solutions that best suit his client’s sector, individual business and specific needs.
Dan is also very well known for being one of the most experienced labour litigators in Ontario having appeared as counsel in hundreds of hearings before Rights and Interest Arbitrators, the Ontario Labour Relations Board, the Canada Industrial Relations Board, and the Human Rights Tribunal of Ontario.
He assists and represents employers on a broad array of matters including: grievance arbitrations; human rights complaints; employment standards complaints; unfair labour practice complaints; union organizing; applications for certification; unlawful strikes; merger, acquisition, sale and restructuring of a business; and policy creation.
Dan is an active member of both the Canadian and American Bar Associations and is on the Executive for both the Labour and Employment Law Section (Public Affairs Liaison) and Education Law Section (Vice-Chair) of the Ontario Bar Association. He is also the Co-Chair of Mathews Dinsdale & Clark LLP’s Associates Committee and a regular Speaker in the Firm’s webinar series.
Representative experienceOctober 2021
Arbitrator dismissed a Union grievance claiming that the Employer was required to reschedule a vacation period. The grievor had scheduled a vacation period in accordance with the Collective Agreement. Prior to the vacation period commencing, the grievor went on sick leave and continued to be eligible for sick leave during the vacation period and subsequent to the vacation period. The Employer elected not to cancel the scheduled vacation period and paid the grievor vacation pay, and not sick leave benefits, during the scheduled vacation period. Counsel: Daniel LeoneAugust 2021
Arbitrator upheld the employer’s objection that a grievance claiming termination and severance pay was out of time. The Union filed a grievance more than three years after the point in time it should have been apparent to the Grievor that his employment with the Employer had come to an end. This delay was greater than both the five (5) day time limit in the Collective Agreement and the two (2) year time limit in the Employment Standards Act. Counsel: Daniel LeoneApril 2021
Arbitrator dismissed a grievance claiming that a school board was not permitted to declare redundancies where it had not used a redundancy formula contained in the Collective Agreement. The Arbitrator determined that the redundancy formula was not applicable in the circumstances and that the practice evidence called by the union was not sufficient to override the terms of the collective agreement. Counsel: Daniel LeoneMarch 2021
Arbitrator dismissed a grievance claiming that an employee ought to have been paid statutory holiday pay and an attendance bonus where the employee elected to remain home after being asymptomatic of Covid-19 for three consecutive days. Counsel: Daniel LeoneFebruary 2021
Arbitrator dismissed a grievance challenging an employer policy restricting the number of employees carpooling and the employees’ placement within
the car. Counsel: Daniel Leone
Arbitrator dismissed a grievance claiming that the Employer had violated the Collective Agreement and its obligation to accommodate under the Human Rights Code by not maintaining a disabled employee’s rate of pay in a new classification. Counsel: Daniel LeoneJune 2020
Arbitrator dismissed a grievance and agreed that an Employer could post a vacancy by listing only the classification being filled and not the specific job within the classification that would be performed, thereby giving the Employer flexibility to move employees within jobs. Counsel: Daniel LeoneJune 2020
Arbitrator dismissed a grievance and concluded that an Employer had the right to schedule both mandatory regular and mandatory overtime shifts on weekends under its Collective Agreement. Counsel: Daniel LeoneJanuary 2020
Arbitrator dismissed a grievance claiming that an employee should be paid holiday pay where she failed to work the entirety of a shift on the day following a statutory holiday due to a faulty car battery. Counsel: Daniel LeoneAugust 2019
Arbitrator concluded that Employer not responsible for Retail Sales Tax on the employee portion of a benefit premium. Counsel: Daniel LeoneAugust 2019
Arbitrator dismissed a grievance claiming that an Employer was required to grant employees in a plant a lieu day, in addition to paying a premium for overtime, for hours worked on a statutory holiday. Counsel: Daniel LeoneNovember 2018
Arbitrator upheld the termination of long service employee who had engaged in harassment in the workplace and aggressive behaviour. The behaviour included sexually charged comments as well as verbal threats. Counsel: Daniel LeoneJuly 2018
Ontario Labour Relations Board concluded that a group of supervisors ought to be included in a bargaining unit, despite the fact that they were listed by the Employer on the Notice of Project as being the Employer Representative and responsible for the project. The effect of the supervisors being included in the bargaining unit was that the Union did not have sufficient membership cards signed to be certified. The Application for Certification was dismissed. Counsel: Daniel LeoneJanuary 2018
Arbitrator agreed that the Employer was not required to maintain an employee’s wage rate at a higher rate where the employee elected to exercise bumping rights under the Collective Agreement to a new, but lower paying, position. Counsel: Daniel LeoneDecember 2016
Arbitrator dismissed a grievance claiming that Employer had inappropriately applied posting process resulting in the cancellation of a temporary vacancy. Counsel: Daniel LeoneJuly 2016
Ontario Labour Relations Board terminates a Union’s bargaining rights with an Employer following a successful Termination Application. Counsel: Daniel LeoneMay 2016
Arbitrator dismissed a grievance and concluded that the Employer’s calculation of a retirement gratuity under the Collective Agreement had been correctly done. Counsel: Daniel LeoneJuly 2015
Ontario Labour Relations Board concluded that a fibre-optic installer fell within Federal Jurisdiction, not Provincial Jurisdiction; thereby resulting in the dismissal of an Application for Certification. Counsel: Daniel LeoneJune 2015
Arbitrator dismissed a grievance claiming that a letter of understanding regarding employee complement could be extended by the statutory freeze provisions of the Labour Relations Act, 1995 and prevent the Employer in making layoffs. Counsel: Daniel LeoneMay 2015
An Arbitrator dismissed a grievance challenging the reasonableness of an Attendance Management Policy and its compliance with the Human Rights Code. Counsel: Daniel Leone
Industry recognitionBest Lawyers® in Canada
Labour and Employment LawCanadian Legal Lexpert Directory
Construction Labour Relations
21 Mathews Dinsdale lawyers, from coast-to-coast, are recognized as leaders in The Best Lawyers™ in Canada 2021 in the fields of Labour and Employment Law, Education Law, Employee Benefits Law, Immigration Law, Workers’ Compensation Law.
Mathews Dinsdale Lawyers from coast-to-coast recognized in Best Lawyers in Canada 2020 as leaders in Labour and Employment Law, Education Law, Employee Benefits Law, Immigration Law, Workers’ Compensation Law.