Mr. Theodore Goloff is a Partner in our Labour and Employment Group. His practice focuses on the defence of employers’ rights in all aspects of labour and employment law.
He has been the Head of our Labor and Employment Group for nearly two decades.
His practice areas include the full scope of labour relations and employment law:
- Application of collective agreements
- Labour disputes — strikes, lockouts and injunctions
- Judicial review
- Dismissals and terminations
- Employment law
- Labour standards
- Drafting executive employment agreements
- Determining the application of provincial or federal labour legislation
- Occupational health and safety
- Human rights — Canadian and Quebec charters of rights and related statutes
He has been a negotiator for collective agreements in Quebec and the Maritimes, acting for employers in sectors such as manufacturing, distribution, restaurants, transportation, services, financial services and banking, and trade, under both Quebec’s Labour Code and the Canada Labour Code.
Theodore Goloff has accumulated considerable experience of the numerous aspects of labour law. In recent years, for instance, he has been carrying and directing briefs and issues such as:
- Alleged settlement — Defending an employer against a claim by an executive who alleged having entered into an agreement with his employer to settle an alleged constructive dismissal by way of a change of responsibilities
- Race and age discrimination in hiring — Challenging the jurisdiction of the Tribunal des droits de la personne to hear a complaint filed by an organization acting on behalf of the victim
- Collective dismissals — Defending the employer, before the Cour du Québec, Superior Court and Court of Appeal, against allegations of failing to give preliminary notice to the Minister of Employment and Social Solidarity
- Piercing the corporate veil — Claims against the directors of a company following an unfair dismissal
- Communication with employees — Right of an employer to communicate with the employees during a valid lockout to explain the offers presently on the table.
- Certification — Hearing before the Commission des relations du travail on the composition of the bargaining unit included in a certification application at a car dealership
- Settlement — Hearing before the Commission des relations du travail on the validity of a settlement to end an unfair dismissal case
- Settlement — Representing a municipal employee claiming severance pay above the amount of a settlement agreement that he had signed.
He has also been involved in cases raising issues such as:
- The application of restrictive covenants imposed upon Quebec executives under a by-law affecting shareholders adopted by their Pennsylvania–based employer
- The integration into a single plant of operations, part of which were covered by certifications with more than one union, and others not certified at all
- The duty of an autonomous and unsupervised employee, working without direct and immediate supervision, to blow the whistle on activities of his superior that would conflict with the employer’s interests and that could represent a breach of the duty of loyalty.
Through the years, he has acted for some of the leading employers in the country:
- Food: Coop fédérée, Québec Poultry, Robin Hood, Steinberg, Hygrade, Montpak
- Manufacturing: Dominion Glass (Domglass), Dominion Engineering – Les Ateliers d’ingénierie Dominion, Federal Pioneer, Montrose Worsted Mills, Tripar, Cintas, Recochem, Firestone, Jeno Neuman & Sons, Arshinoff & Co., AGC Flat Glass, Dittler Brothers, Schneider Electric, Dana Brake Parts, Reynolds Food Packaging, Dyne-A-Pak, Wolverine, Pro-Pals, Industrial Containers, Sealed Air Corporation, A.R. Ritmed
- Services: Advance Maintenance, Stationnement de Montréal, Commission de transport de la Rive-Sud de Montréal (now the Réseau de transport de Longueuil), CNA Insurance, Aviron Institute of Technology, Towers Perrin (now Towers Watson), For-Net, CIBC-Visa, Bexel, ACE Ina Insurance, MurrayHill Limousine, VW Credit
- Forestry: U.O.P. Manufacturing, Howard-Bienvenu, Uniboard
- Aviation: Nordair, Nationair
- Retail: Simpson, Hudson’s Bay, Sam the Record Man, Greenberg Stores, Wise Stores, Walmart, Zellers, Holt Renfrew, Beyond the Rack, Mercedes-Benz Canada, Marks & Spencer.
International Fellow of the American Bar Foundation. In 2017, Mr. Goloff became the ninth Quebecker to earn this distinction.
Fellow of the College of Labor and Employment Lawyers. Inducted in 2012, Mr. Goloff was only the third Quebec attorney to be so honoured.
Lord Reading Law Society: Past President, recipient of the Past Presidents’ Medal (2015)
Canadian Friends of Tel Aviv University: Past President
Tel Aviv University: member of the Tel Aviv University International Board of Governors
Canadian Bar Association
American Bar Association (Sections of Labor and Employment Law, Business Law and International Law)
Ordre professionnel des conseillers en ressources humaines et en relations industrielles agréés du Québec
Canadian Industrial Relations Association
Canadian Association of Counsel to Employers
Bar of Quebec (Disciplinary Council)
Publications and Conferences
Mr. Goloff taught labour law and employment law at the Faculty of Law of McGill University. He also organises and presents labour and employment workshops for business and institutional managers, directors and officers. Themes discussed and workshops presented include:
- The union — How it operates
- Protecting Management Rights in the unionized/non-unionized environment – What’s in the Manager’s Toolbox
- Discipline and dismissals in the new millennium
- Avoiding traps and pitfalls with constructive dismissals
- Protecting the employer’s investments in productive resources while terminating those who cannot or will not perform.
- Respect, Dignity, Civility and the Need for a Harassment-Free Work Environment – WHY, WHAT AND HOW
Other communications include:
- Author, “Canada — No Good Deed Goes Unpunished — A Commentary on a Recent Supreme Court Precedent in Canada” (Summer 2018), The International Employment Lawyer (blog), online version upcoming
- Author, “Managing Employee Substance Abuse in Safety-sensitive Industries”, Canada chapter in Regional and Comparative Law, International Legal Developments Year in Review: 2017, (2018) 52 The Year in Review 535 (American Bar Association Section of International Law)
- Co-author (with Brian Sherman), “Canada — Clash of Principles Leads to Sea Change in Union Rights During Insolvency Proceedings” (September 15, 2017), The International Employment Lawyer (blog), online: <intemploy.blogspot.ca/2017/09/canada-clash-of-principles-leads-to-sea.html>
- Author, “Canada — New Developments in Federal Labour Relations and Labour Standards Legislation: Towards a ‘Super’ Federal Labour Tribunal” (June 5, 2017), The International Employment Lawyer (blog), online: <intemploy.blogspot.ca/2017/06/canada-new-developments-in-federal.html>
- Author, “Canada — Good Grief! Is that my Supervisor on the Picket Line?” (February 10, 2017), The International Employment Lawyer (blog), online: <intemploy.blogspot.ca/2017/02/canada-good-grief-is-that-my-supervisor.html>
- Author, “Canada — Where the Rubber Hits the Road, Reflections on Supreme Court Decision in Wilson v Atomic Energy of Canada Ltd.”, (September 27, 2016), The International Employment Lawyer (blog), online: <intemploy.blogspot.ca/2016/06/canada-balancing-uncertainty-and-good.html>
- Author, “The Supreme Court of Canada and the Right to Strike: Constitutional Imperative or Judicial Overreach?” in the chapter on Canada, (2016) 50 International Legal Developments Year in Review: 2015, ABA Section of International Law 577 at 589
- Author, “Canada — Balancing Uncertainty and Good Faith when Terminating Employment Contracts”, (June 11, 2016), The International Employment Lawyer (blog), online: <intemploy.blogspot.ca/2016/06/canada-balancing-uncertainty-and-good.html>
- Author, “Canada — Where Principles Collide — Quebec Court of Appeal Modulates Successor Employer Rights and Obligations and the Rules Governing Constructive Dismissal in the Non-Unionized Sector”, (March 4, 2016), The International Employment Lawyer (blog), online: <intemploy.blogspot.ca/2016/03/canada-where-principles-collide-quebec.html>
- Author, “Canada — Can Adherence to a Foreign Regulatory Obligation Attract a Claim of Discrimination? The Supreme Court Provides an Answer” (October 14, 2015), The International Employment Lawyer (blog), online: <intemploy.blogspot.hk/2015/10/canada-can-adherence-to-foreign.html>
- Author, “Constructive Dismissal in Canada — Legal Construct Clarified by the Supreme Court of Canada”, summer 2015 issue of International Employment Lawyer, the magazine of the International Employment Law Committee of the ABA’s Section of International Law
- Speaker, “Workplace Harassment: Policies, Protocols and Prosecutions — Respect, Dignity, Civility and the Need for a Harassment-free Work Environment: Why, What and How”, Chabad of Westmount’s Spring 2015 Law Symposium, May 14, 2015
- Moderator, “Worker Organizing in New Sectors of the Economy: Strategies and Responses”, roundtable, conference of the International Law Committee of the American Bar Association’s Labor Law Section, Tel Aviv, May 7, 2014
- Speaker, “The Long Long Arm of the Law — Extraterritorial Application of Canadian Labour and Employment Law”, conference of the ABA’s International Law Section, Eilat, Israel, June 2010
- Speaker, “Watching From the Wings — The Wal-Mart Cases Before the Supreme Court of Canada and What They Might Mean for Employer in Canada”, Canadian Association of Counsel to Employers conference, Montebello, Quebec, September 2008
- Speaker, “Privacy Law in the Employment Context – Reflections on the Quebec Privacy Regime”, CBA, Vancouver, August 2005
- Author, “Electronic Surveillance of Employees May Cause Serious Litigation in Quebec”, Lawyers Weekly, April 19, 2005
- Author, “Canadian Labour and Employment Law — An Overview of the Business Executive”, chapter on Canada in International Labor and Employment Law: A Country-by-Country Look at Legal Issues in Human Resources in Major Markets Around the Globe, Aspatore Books, 2005
English, French, Hebrew
Bachelor of Laws, McGill University (Chief Justice Greenshields Scholar, 1968–1969), 1971
Graduate Studies, Industrial Relations University of Wisconsin, Madison Campus, 1967–1968
Bachelor of Arts (Honours in Economics and Political Science), McGill University, 1967
Call to Bar