An Interview with Michael Jaworski

Michael Jaworski is a labour and employment lawyer in Hicks Morley’s Toronto office. He began working at Hicks Morley as a 1L Summer Student and is currently an Associate. His practice focuses on the negotiation of collective agreements and the defence of employers before courts, in arbitration proceedings, human rights hearings, and labour board proceedings. He has appeared in a wide variety of forums, including the Ontario Divisional Court. He graduated from the University of Toronto Faculty of Law with a J.D. in 2019.

The Years Before Law School

Jaworski’s educational background in International Relations and previous work experiences prepared him well to synthesize information and understand competing perspectives. Jaworski has experience both in unionized workplaces (doing summer work in a factory) and non-unionized workplaces. This range of experience has helped him better understand the different perspectives and dynamics that one might encounter in an employment dispute.

Interest in Employment and Labour Law

Jaworski finds employment law to be meaningful work. “Everybody either works, or knows someone who works,” he says. Because work forms a central part of life for many people, the “legal issues that arise in the workplace have a concrete impact on people’s lives and on our client’s businesses.” As well, he finds employment law interesting because it requires him to navigate challenges emerging from changing legislation and responses to changes in the economic, social, and political environment. For example, “the pandemic brought about numerous legal issues which were quite novel, such as the legality of an employer implementing a mandatory vaccination policy.” Another example is Bill 124, “where wage restraint legislation raised interesting constitutional issues.” Both before and after the bill was struck down, he needed to advise public sector clients on how to proceed.

What Makes Employment Litigation Different

The biggest difference between employment litigation and other sorts of litigation, Jaworski finds, is the range of forums in which employment lawyers appear. As an employment lawyer, Jaworski might appear before courts, tribunals, and boards. Further, he might participate in arbitration proceedings and collective agreement negotiations. For example, he has appeared before the Ontario Divisional Court and recently concluded negotiations in a collective bargaining case.

In Jaworski’s experience, oral advocacy varies as the forums vary. For example, he explains that labour arbitration is a “far more flexible and informal process” than civil litigation in court. In court, the rules of civil procedure prescribe and structure the litigation process. For instance, documents must be prepared in particular ways. However, labour arbitration proceedings are far less structured. This flexibility gives the parties more control in shaping the process to arrive at practical solutions. Another difference that Jaworski emphasizes is that different tribunals have their own sets of rules and distinct bodies of case law.

Oral advocacy plays a large role in negotiating collective agreements. As the “spokesperson for your client, your job is to advocate for them in negotiations and represent their positions.” When an employer and union bargain about the terms and conditions of employment, their lawyers must be able to explain why they adopt certain positions and reject certain proposals. Such work “requires some element of persuasion.”

How the Pandemic Changed the Practice

Jaworski describes a massive shift to virtual work since the pandemic. Everything from mediation to courtroom appearances have moved online. For example, before the pandemic, labour arbitration hearings were almost always in-person. Parties would book conference rooms and do hearings in such environments. Since the pandemic and into 2024, almost all arbitration hearings occur on Zoom.

As well, expectations about in-person work have shifted and remote work is much more common. “It seems like almost every firm has some [flexibility],” Jaworski notes, “I don't know of anywhere [that expects you] to be [in-person for] five days a week.” However, “we're encouraged to be in the office… as much as possible to facilitate collaboration and teamwork.”

Typical Day as an Employment Lawyer

For Jaworski, one of the best aspects of his job is that there is no typical workday. For example, he might spend one day doing collective bargaining, and the next day advising clients or talking about litigation strategy with colleagues. “You never know what's going to pop up,” Jaworski says. “There are infinite issues that can arise in the workplace.”

Advice for Law Students interested in Employment and Labour Law

As employment and labour law is an advocacy-heavy practice area, Jaworski recommends that law students participate in mooting and clinics. These activities provide the opportunity to develop practical experience with oral advocacy.

General Advice for 1Ls

Jaworski suggests that students should try to “have an open mind toward different practice areas.” There “are so many areas of law that I feel like law students don't really think a whole lot about,” such as family law, wills and estates, and intellectual property. “I would really encourage [students] to take a big step back and start going through a list of” possible practice areas that exist and that might interest them.

Jaworksi recommends that students try to get summer positions with firms that practice in the students’ areas of interest. This way, students gain an understanding of what the work is really like.

Favourite Piece of Legal Media

“Better Call Saul! I’m not like Saul, but it’s an awesome show!” Jaworski says.