2018 Toronto Client Conference

8:30

Registration and Continental Breakfast

9:00

Opening Remarks and Welcome

A Whirlwind Tour of Critical New Developments in Human Resources Law and Advocacy

A fast-paced, tightly focused review of the legal developments that you need to know about.

Hashing Out Your Workplace Obligations – How to Deal with Intoxicants at Work

With the legalization of recreational marijuana, employers are concerned about intoxication in the workplace. We’ll address: What policies and practices are required to deal with recreational marijuana, alcohol, and the use of other intoxicants in the workplace? How do those policies apply when an employee uses an intoxicant for medical purposes? When is an employer justified in testing for workplace intoxication?

Addiction: How to Accommodate, When to Discipline

Addiction has long been recognized as a disability protected by human rights legislation. Addicts often display behaviour that, under ordinary circumstances, would be subject to discipline. Employers have struggled with responding to such misconduct and balancing their accommodation obligations. We review circumstances in which addiction may not be a legitimate excuse for misconduct in the workplace. We’ll also review best practices and suggestions regarding the disciplinary steps and procedure.

New and Longer E.I. Benefits – What You Need to Know

Significant changes have been made to the timing and duration of maternity, parental and other protected leaves of absence and related EI entitlements. Learn how these changes will impact your workplace. Amendments may be required to your Top Up Plans, collective agreements, pension plans, administrative policies, and employee communications.

Data Security – Incident Response and Breach Notification

When a data security incident occurs, an organization must respond both quickly and thoughtfully – soon with a view to meeting a nation-wide statutory breach notification requirement under PIPEDA. In this short presentation we will outline the significance of the PIPEDA amendments and explain what makes for effective incident response.

CLC Amendments – Are You Prepared?

Under the amended Canada Labour Code, the Minister will have the authority to order employers to complete internal audits to verify compliance with the legislation’s various minimum employment standards. The amendments also establish a penalty system, with administrative monetary penalties, to ensure compliance. Proactive steps can be integral to a successful audit, and to avoiding monetary penalties. Are your documents in order? Do you have the appropriate policies in place? We’ll also review other significant amendments to the CLC, including new leaves and flexible work arrangements.

9:55

Networking Break

10:10

How to End an Employment Relationship on Good (Contractual) Terms

Termination clauses provide an opportunity for certainty and predictability – if drafted properly. These types of clauses, particularly those that provide only the ESA-minimum, are closely scrutinized by the courts. We will review termination language that has withstood such scrutiny and other language that has been soundly rejected. Learn what the courts are looking for when enforcing a termination clause.

Proactively Managing WSIB Mental Stress Claims

How will the WSIB’s new Chronic Mental Stress policy impact your workplace? We’ll identify the thresholds put in place for claims of chronic mental stress, including the types of diagnoses considered and the required role of workplace events. How can employers prevent and/or remove stressors in the workplace and proactively manage the costs associated with such claims?

Pay Equity Update

The sweeping changes under Bill 148 address issues related to equal pay for equal work under the ESA. While these equal pay for equal work amendments are not the same as pay equity under the Pay Equity Act, the Bill 148 changes to minimum wage and equal pay based on employment status DO have potentially significant implications for the status of your pay equity compliance. The Bill 148 amendments can have significant “hidden” financial consequences for pay equity. We’ll review what you need to know to ensure your pay equity status remains complaint in the post-Bill 148 world.

Claims of Discrimination and/or Harassment – When Should an Employer Investigate?

In recent years, we have seen an increased focus on the issue of the extent of an employer’s obligation to investigate complaints of discrimination and/or harassment and liability for faulty investigations under the Ontario Human Rights Code. We’ll review tips and best practices regarding human rights investigations, including when an investigation must be completed and who should conduct the investigation.

Bill 148 – The Nuts and Bolts of ESA Amendments

Is your workplace ready for the sweeping changes regarding minimum employment standards in Ontario. The changes to the general minimum wage have been broadly publicized, but not to be forgotten are the changes to: employee classification, vacation entitlement, public holiday pay, scheduling, and leaves of absence, among other changes. We will provide a practical review of the key changes and the potential impact of these amendments.

11:00

Closing Remarks and Networking Opportunity