- Unite Here! Local 75 v Fairmont Royal York Hotel, 2020 CanLII 11579 (ON LA)
- Nuria Mohammed Abdosh v Ontario Nurses’ Association, 2018 CanLII 54132 (ON LRB)
- Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v Labourers’ International Union of North America, 2018 CanLII 14243 (ON LRB)
- Labourers’ International Union of North America, Local 183 v Crosstown Obayashi Technicore Constructors Ltd., 2016 CanLII 63498 (ON LRB)
Victor Kim is a litigation lawyer who provides counsel in all areas of employment and labour law. He assists startups and established businesses in a range of industries, including the automotive, and construction and infrastructure sectors. He provides guidance on the management of unionized and non-unionized workforces, with a particular focus on advising contractors of all sizes on their relationships with Ontario’s construction trade unions.
Acting for employers at the provincial and federal levels, Victor advances the interest of his clients in labour arbitrations, collective bargaining, labour board proceedings, wrongful dismissal and human rights litigation, and occupational health and safety proceedings.
In his advisory practice, Victor counsels vendors and purchasers in connection with the employment and labour implications of complex corporate transactions. He also coaches employers on workplace investigations and the development of workplace policies. Licensed to practise in both Ontario and New York, Victor excels at explaining the intricacies of Canadian workplace laws in plain language to non-lawyers, as well as to American and foreign audiences.
Victor is chair and president of the Korean Legal Clinic and an active member of the firm’s South Korea Group. He is fluent in Korean.
Prior to studying law, Victor worked as a frontline manager at a unionized automotive factory in Ontario’s Rust Belt, where he developed a keen interest in labour relations.
- “New Toronto legal clinic offers Korean-language services” by Anita Balakrishnan, Law Times News (October 16, 2019)
- Employment Counsel to HanVoice
Directorships & Affiliations
- Korean Legal Clinic; President / Chairperson
- Korean Canadian Lawyers Association; member
- International Association of Korean Lawyers; member
- Federation of Asian Canadian Lawyers; member
- Ontario Bar Association; member
- Canada Bar Association; member
Education & Admissions
- “Mandatory COVID-19 Vaccine Policy Primer for General Contractors,” The Generals, Spring/Summer 2021, p.27
- “Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees Who Breached COVID-19 Safety Protocols,” Employment and Labour Law Reporter, LexisNexis, (February 2021)
- “COVID-19: Strange new world of OHS issues at construction sites,” Piling Canada, p.67-70 (September 2020)
Insights (12 Posts)
Ontario Seeks to Remove Barriers and Promote Inclusivity for Women on Construction Worksites
Ontario has taken a significant step forward to promoting the inclusion of women in the construction sector.
Update for Ontario Employers: Proposed Changes Related to Remote Workers
Ontario employer's should note proposed amendments to the province's employment laws that would clarify remote employees' entitlements in mass terminations.
The 2022 Construction Labour “Open Period” – What Employers Need to Know
March 1 – April 30, 2022 is the “Open Period” for ICI collective agreements, and many non-ICI agreements, in Ontario. During this period members of construction unions can apply to the Ontario Labour Relations Board to terminate a union’s bargaining rights with their employer, or – more commonly – a rival union can apply to the Board to displace an existing union, in what is commonly known as a “raid”. During the Open Period employers will likely see increased union activity on sites as incumbent unions will seek to maintain member support, and as rival unions may try to gather support for a raid.
Join us on Wednesday, February 2nd for a discussion about what employers should expect and need to know if a decertification application or a displacement application involving their employees is filed at the Board.
Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
Mandatory Workplace COVID-19 Testing Policy Upheld
A recent labour arbitration decision in Ontario found that an employer can implement a mandatory COVID-19 testing policy.
Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)
While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.
Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
McMillan’s Employment and Labour Webinar
This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.
Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces
Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.
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