Illya Shcherba
WORKPLACE LAWYER, CALGARY
About Illya Shcherba
Illya is an associate who practices employment law in the Calgary office. Illya is passionate about client advocacy and providing pragmatic solutions to help clients with the results that they are looking for. Illya was born in Ukraine and was raised in Calgary.
Illya is genuinely committed to a client-centred approach in his practice of law. This commitment comes from Illya’s ability to be empathetic towards others, as Illya understands that providing good quality, strategic advice comes from listening to others and understanding their needs and wants. This approach allows Illya to provide a solution that makes sense for his clients, rather than using a one-size-fits-all method for every file.
Illya Shcherba provides strategic, results-driven representation. He thrives in addressing and resolving complex employment law cases, and he never shies away from litigation when it is required. Illya is known for managing highly contested, adversarial matters and seeing them through to trial. He firmly believes that a lawyer should always be prepared to push a case forward and take matters to court if an employer maintains baseless allegations against an employee or refuses to provide a reasonable offer.
While Illya is highly effective at settling matters efficiently, he is exceptionally comfortable in the courtroom. He has represented clients before the Alberta Human Rights Commission, Alberta Employment Standards, the Alberta Court of Justice, the Alberta Court of King’s Bench, the Alberta Labour Relations Board, and the Alberta Residential Tenancy Dispute Resolution Service.
He also has extensive experience representing professionals in regulatory matters, including investigations and hearings before the Alberta College of Dental Surgeons, Alberta Teachers’ Association, and Chartered Professional Accountants Alberta.
Representative Work Highlights
Wrongful Resignation:
Following a heated workplace dispute, the employer treated an employee’s frustrated remarks as a resignation and, when the employee arrived at work the next day, the employer took the position that they had resigned. A positive settlement was secured, equivalent to what the employee would have earned under a without-cause dismissal.
Constructive Dismissal and Counterclaim Defence:
An employee resigned after the employer attempted to retroactively impose a new compensation agreement. When the employee resigned and claimed constructive dismissal, the employer initiated a counterclaim against the employee for negligence and poor performance. Despite the highly adversarial nature of the proceedings, the client was successful in obtaining a very favourable settlement on the eve of trial.
Executive Harassment/Constructive Dismissal:
An executive at a large transportation company, facing severe workplace harassment from a high-ranking superior, which included relentless after-hours contact, verbal abuse, and intimidation, resigned after they could no longer bring themselves to come to work. A highly favourable settlement was successfully secured during mediation, despite the company defending the high-ranking superior throughout the course of the litigation.
Constructive Dismissal and Professional Negligence:
A senior employee whose bonus entitlements were drastically reduced had a constructive dismissal claim, which their former counsel pursued. Unfortunately, the employee’s former counsel was not diligent, and the employee had to sue their former employer and counsel. Despite the complexity of the situation, the employee obtained favourable settlements against both their former employer and counsel.
Executive Harassment/Constructive Dismissal:
An executive at a large oil company faced continuous abusive conduct from a superior, which included verbal and physical abuse. The executive did not report the abusive conduct prior to their resignation, and the company took the position that it was unreasonable for the client to claim constructive dismissal when the conduct went unreported. Despite the company’s vigorous defence, a strong settlement was negotiated that validated the employee’s experience.
Streamlined Trial for Wrongful Dismissal:
When an employer refused to settle a straightforward without-cause dismissal prior to trial, the matter was dealt with via a streamlined trial, resulting in a favourable judgment for Illya’s client. The court notably recognized an extended severance period due to the dismissal occurring during the COVID-19 pandemic.
Heavenor v Life Support Mental Health Inc. 2026 ABCJ
A trial judgment was obtained for a wrongfully dismissed employee, successfully recovering unpaid wages and pay in lieu of notice. The court decisively rejected the employer’s reliance on a backdated notice of temporary layoff, validating the employee’s entitlements.
Yakubow v Edmonton Granite Memorials Ltd 2026 ABKB 360
In a streamlined trial, a long-tenured employee claiming constructive dismissal was successfully represented. The court awarded 15 months’ pay in lieu of reasonable notice after finding the employer unilaterally breached essential terms by attempting to impose a new unfavourable contract with restrictive covenants. The employer’s arguments that the employee should have negotiated the contract which was imposed on them prior to resignation were successfully addressed.
Just Cause Allegation Against Former Dean:
A former dean at a large public post-secondary institution was terminated for just cause after taking items that were destined to be thrown away at a landfill. Illya was able to argue that the extensive investigation into the former dean’s conduct was conducted improperly, and he was able to secure a very favourable settlement for his client.
Executive Inducement Claim:
Although an executive had only six months of service, it was successfully argued that they had been poached from their previous employer. This strategic positioning resulted in a settlement with a notice period significantly exceeding standard short-service entitlements.
Unjustified Suspension Wage Recovery:
An employee was suspended without pay for eight months following charges for possession and distribution of child pornography. Even though a criminal guilty verdict was issued to the client, Illya convinced the court that the workplace suspension was unjustified, resulting in a successful recovery of eight months’ lost wages, despite the employer’s vigorous defence of the claim.
Dentist’s Independent Contractor Dispute:
A dentist resigned and provided 60 days’ notice of his last day of employment. The dental clinic withheld owed wages, refused to let the dentist work out their notice period, and alleged cause for termination as a defence to not providing the pay in lieu of notice. The client was successfully represented, recovering both his withheld wages and the wages for his contractual notice period.
Executive Severance and Non-Compete Defence:
After negotiating a strong early-stage severance package for an executive whose role and input had been diminished, the former employer subsequently sued the individual for breach of his non-compete agreement. The claim was defeated at an early stage, with the client paying nothing to the opposing side.
Wrongful Dismissal/Defence Against Just Cause:
An employee was terminated for theft after confiscating the keys of a severely inebriated superior to prevent impaired driving. Despite the employer’s aggressive allegations of cause, a successful settlement was obtained that vindicated the employee’s actions and provided a severance package that substantially exceeded standard severance entitlements.
Disability Leave Dispute:
A major oil company improperly cut off a medically compromised employee’s short- and long-term disability benefits and then alleged job abandonment. Despite a lack of medical evidence, it was successfully argued that no abandonment occurred, yielding a settlement substantially exceeding standard severance.
Duty to Accommodate Dispute:
A construction employer refused to accommodate an employee returning from long-term disability for workplace injuries, claiming the employment contract was frustrated. The employer’s failure to accommodate was effectively challenged, resulting in a settlement that exceeded regular severance entitlements.
Human Rights and Accommodation Claim:
An employer maintained the position that, because their workplace policies did not allow remote work, they did not need to provide a work-from-home accommodation to an employee with severe ADHD. The employer placed the employee on an unpaid leave of absence rather than accommodating them. A highly favourable early-stage resolution was secured, which included both the recovery of lost wages during the suspension and severance pay.
Constructive Dismissal Claim:
A senior employee facing ongoing workplace abuse was given an ultimatum to accept a demotion with reduced pay and other unfavourable terms, or an unfavourable severance package. A favourable constructive dismissal settlement was achieved, despite the employee securing new employment shortly after their resignation, thereby considerably mitigating the damages owed to them.
Illya also has extensive experience advising and representing employees and executives in pre-termination planning to ensure fair, dignified exits. Illya proactively negotiates favourable severance packages when it is clear that an employer is moving to terminate an employee. Illya has also won numerous court applications and is highly knowledgeable about court procedures, requirements, and the Alberta Rules of Court.
Background
Illya studied political science at the University of Calgary and then did his law degree at the University of Alberta, where he found his passion for employment law and other litigation-related fields such as estate litigation, personal injury and family law. Prior to working at Taylor Janis, Illya worked at smaller firms that primarily specialized in litigation. Illya has appeared before the Alberta Court of Justice, Application Judges Chambers and Civil Regular Chambers.
Outside of work, Illya enjoys hiking in Alberta’s Rockies, running, and going on leisurely walks with friends. Illya further finds enjoyment in trying and rating different “experiences”, such as different trails, albums, and restaurants.
Outside the Office
When Illya is not working, he enjoys tackling difficult hikes with his wife and running along Calgary’s Bow River Pathway, regularly logging over 100km per week. He likes to keep up with the latest movie and album releases, and he is a proud father to his newborn daughter.