Robbie Fleming
Employment
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Canadian law is generally very favourable to employees, but the economics of litigation are invariably on the side of the employer.

For both employers and employees, resolving a severance or dismissal claim involves comparing the range of damages a court will award with the cost of the litigation required to get there. Because they have more resources, employers always have a stronger bargaining position but in many cases there is also business value for employers in maintaining their reputations by treating all employees fairly.

The resolution of employment disputes depends on the balance between these three factors. Robbie has acted for employers, employees, and union members, and has experience with:

  • Wrongful dismissal
  • Employment Standards
  • Duties of unions to their members under s. 12 of the Labour Code

Wrongful Dismissal

Robbie has acted for both employers and for employees, and has won or obtained significant settlements for:

  • A shipping company that shut down its entire business
  • A commission sales person was fired for asking about her legal right to holiday pay
  • A government tribunal adjudicator who was terminated after many years of service and compelled to sign a release of claims by illegal threats to cut off his benefits early
  • An employee who was fired for becoming a cocaine addict

Here is what one of Robbie’s clients has to say:

"I was in pretty bad shape then, severely depressed, and undergoing treatment, following the wrongful termination. I obviously wanted to be properly compensated and had started an Employment Standards action on my own. At a certain point in that process, I was advised it would be helpful to seek legal assistance because my case had become rather complicated…. Given your office location, I anticipated someone much different than the person I met. You were dressed casually and after a very short time, I felt at ease. Not sure if the casual thing would work with everyone but it did with me.

You explained why a lawsuit would be a better approach than the Employment Standards action, and convinced me, quite rightly, to change course. From then on, while you took charge, you always kept me informed and up to date, explained what was expected, what just happened and why, and answered any questions I had about the process. You prepared me well for the examination for discovery. You did all this with someone severely depressed, at times very anxious, and not always thinking clearly. That takes skill and patience. I recall that during the examination, you intervened several times when the [other] lawyer got a bit testy and out of line. I liked that very much.

All in all, I think we were able, in a very short time, to develop a good rapport and, more importantly, trust. I felt protected at a very vulnerable time in my life. I think we got a good settlement given the circumstances and the risks of going to court, and I do not regret your advice to accept their "final" offer... although there is still a small part of me that would have loved to kick their asses in court. I particularly liked reading the well researched documents you had prepared for court (I lost that masterpiece when the hard drive went in my computer).

In summary, I think I had one damned fine lawyer."

Selected judgments and publications:

 

 

 

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contact Email Robert
 
Robert Samuel Fleming Law Corp., 915-925 West Georgia, Vancouver V6C 3L2, Canada,
tel. +1 604 682 1659, fax. +1 604 568 8548