Law Times

Law Times • November 30, 2015 Page 5 www.lawtimesnews.com Rusonik settles with former employee BY NEIL ETIENNE Law Times wrongful dismissal suit against one of Canada's largest criminal de- fence firms has been put to rest and settled out of court. The lengthy matter came to a close the week of Nov. 20 when the two sides came to an agreement just weeks before it was due for trial on Dec. 7. The details of the settlement remain confidential, but Tracy Francis, who launched the action against Toronto-based Rusonik O'Connor Robbins Ross Gorham & Angelini LLP in early 2011, says she's pleased with the result and happy to move on with her career. "I am very pleased that a settle- ment was reached in the litigation of this matter and also with the sentiments expressed in the joint statement," she says. "As for my immediate plans, those include taking a few months to travel and basically decompress before start- ing the next phase of my profes- sional life." In a joint statement released by Rusonik and Francis' defence counsel, Natalie MacDonald of Rudner MacDonald LLP, they state: "By mutual agreement, the parties have amicably resolved the litigation in this matter and out of respect for the parties, the details of the settlement are confidential. "The Firm states that much has changed with the Firm since these proceedings were commenced and we are pleased that this mat- ter is at end," the statement said. "We appreciate the contributions Ms. Francis made to the Firm and we are sure she will be very suc- cessful in her future endeavours." In March of 2011, Francis launched an action against her former employer for wrongful dismissal. In her statement of claim, Francis alleged she was fired for making the same kinds of disparaging remarks she al- leged were routine among part- ners at the firm. In a first claim, Francis request- ed $106,550 in damages from the firm to cover her wages and bene- fits for 12 months and also sought $85,000 in moral damages for the manner of her firing, which Fran- cis alleged caused her mental dis- tress and left her unable to sleep. According to the firm's state- ment of defence, it terminated Francis for cause. The firm alleged she failed to adequately perform assigned tasks and instead "de- voted herself nearly exclusively to attempting to manipulate the stu- dents" working at the firm. The firm claimed she engaged in a "deliberate course of miscon- duct designed to disparage and undermine the firm's partners, lawyers and students, as well as breach the firm's confidentiality." In its statement of defence, the firm alleged Francis singled out partner Jeff Hershberg for par- ticular abuse in e-mail correspon- dence with two associates. It claimed Francis called Her- shberg a "tyrant" and a "snivel- ing bitch," expressed a desire "to choke him," and compared his appearance to an Auschwitz sur- vivor. But in her reply dated July 15, 2011, Francis fired back, alleging "it was perfectly acceptable within the firm's culture to make these types of comments using the firm's e-mail system." "It is disingenuous for the part- ners to plead otherwise," Francis wrote in the reply. "As long as the plaintiff was an employee of Pinkofskys/Rusonik LLP, the act of making what have now been termed disparaging remarks was not only acceptable to the part- ners.... They all actively partici- pated in, openly encouraged, and rewarded such behaviour." Francis worked as practice manager, a job that had her main- taining the calendar of court appearances for lawyers and stu- dents at the former Pinkofskys firm between 2005 and 2009, when she left to work for another criminal lawyer in the city. She returned to Pinkofskys in March 2010 in an altered role working as assistant to manag- ing partner Reid Rusonik. Francis stayed on when the firm switched to its new identity, Rusonik O'Connor Robbins Ross Gorham & Angelini LLP, in July 2010. In May of 2013, Rusonik with- drew the just-cause portions of its defence and Francis countered with an increased claim for $1.5 million in damages for wrong- ful dismissal. In the new defence, the firm said it wasn't happy with Francis' performance in the new role she took on in March 2010. The firm also said in its de- fence that "the termination of the plaintiff was conducted in a prop- er manner in accordance with accepted business standards" and that "the plaintiff has not suffered damages claimed or any damages and puts her into proof thereof." In her amended statement of claim, Francis said the firm had failed to comply with its duty of good faith and fair dealing be- cause there was no explanation at the time of her dismissal. She suggests it terminated her for "the same actions that the partners took, and participated in." Employment lawyer Doug MacLeod of the MacLeod Law Firm says the matter is a good warning for all sides to ensure proper employment contracts are in place that have clearly detailed termination clauses. "I act for a lot of law firms and I always suggest the firm require all associate employees to sign con- tracts," he says. "The termination clause would set out exactly what the employer's obligation would be in terms of a termination; that would have been the end of this case and it would never have gone to court." MacDonald said while details of the settlement could not be dis- cussed, it was a "good resolution for all parties" and was pleased her client will be able to proceed un- hindered into her career. "You have to have a willing- ness from both sides to come to an agreement in any case and any time you can do that, you have to; it's better for the sake of the judi- cial economy," she says. "Litiga- tion is never a pleasant process for anybody, so we're very pleased to come to an agreement." LT NEWS WHERE GREAT BUSINESS LAW OPPORTUNITIES AWAIT Market your services I Find others I Build valuable connections Benefit from a wealth of business law development opportunities in the 2015/2016 Lexpert® CCCA/ACCJE Corporate Counsel Directory and Yearbook, 14 th edition. Order now and save 25% Special price $815 (promo code 64834) Regular price $1089 • LX-15CCCA Available on standing order Offer expires March 31, 2016 ORDER YOUR COPY TODAY! Visit www.carswell.com or call 1-800-387-5162 NEW EDITION 2015/2016 Lexpert® CCCA/ACCJE CORPORATE COUNSEL DIRECTORY AND YEARBOOK 14 TH EDITION Published in conjunction with the Canadian Corporate Counsel Association and partnered with Canadian Lawyer InHouse, the 2015/2016 Lexpert® CCCA/ ACCJE Corporate Counsel Directory and Yearbook, gives you access to full contact information for over 4,200 Corporate Counsel across Canada, the companies they represent, affording you the opportunities to grow your business by building connections. The Lexpert® CCCA/ACCJE Corporate Counsel Directory and Yearbook brings you value through: • the contact information you need to network with thousands of potential new clients across Canada • insight into the legal buying decision-makers representing almost 1,900 corporations across Canada • Information you can trust • a cost-effective and time-saving way to market your services • feature articles about legal and business issues facing Corporate Counsel to assist you in building deeper connections Untitled-3 1 2015-11-26 10:13 AM 'Litigation is never a pleasant process for anybody, so we're very pleased to come to an agreement,' says Natalie MacDonald. A

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