On Your Mark
Positioning Your Organization for the Decade Ahead in Human Resources
The next decade will be one of accelerated change for Human Resources professionals – with talented boomers retiring, skilled and connected executives migrating, social media exploding, and human rights expanding. Join us for a look ahead at the Human Resources trends that are shaping the next decade – with strategies that can help your organization’s human resource management thrive.
Registration and Continental Breakfast
Opening Remarks and Welcome
A Whirlwind Tour of Critical New Developments in Human Resources Law and Advocacy
A fast-paced, tightly focused review of developments that you need to know about.
Negligent Investigations and Internal Investigations
Does the evolving tort of negligent investigations affect you as an employer? We’ll discuss the recent case law involving these investigations and the things you should be aware of when beginning an investigation – or hiring a third party to do it. We’ll also review a checklist of steps that can help you perform investigations properly and balance the rights of the employee and your obligations as employer
AODA: Compliance, Training and Other Issues
The road toward an accessible Ontario for persons with disabilities has been paved with significant legal compliance requirements under the Accessibility for Ontarians with Disabilities Act. While some employers are (or should be) well underway in meeting these requirements, a number of common practical implementation issues have arisen. We’ll look at current AODA requirements and the status of proposed Standards, share with you some of the common issues that have arisen, and provide practical ideas to resolve those issues.
Pension Plans in Crisis and the Regulatory Response
While world markets have finally begun to show signs of recovery, many agree that defined benefit pension plans have not. The recent economic downturn has highlighted the funding risk inherent in the traditional defined benefit plan model, especially when employers face financial pressures on all fronts. Accordingly, employers, unions and governments are now turning to modified funding arrangements and new plan designs in an effort to save defined benefit pension plans from extinction. We highlight these responses and make a few predictions for the future of employer-sponsored pension plans.
Class Actions – Employers as Targets
Increasing Attacks: As class action proceedings continue to grow, we’ll look at a number of class action trends, such as the increase in the employer as target and the increasing variety of claims. We’ll also discuss the critical need for prevention of, preparation for and resistance to proposed class proceedings.
Electronic Discovery – What You Need to Know
Don’t undermine your chances of success at trial. The digital age is upon us and what you don’t know can hurt you. We’ll examine your discovery and production obligations in the age of electronic record keeping – and look at what to do and how to do it.
Labour Relations – New Starts and Old Habits
Employers are leading their organizations through change and innovation. While organizing trends and new approaches taken by unions continue to develop – union density continues to shrink. For those who are already organized this is a time for setting the agenda and driving goals. While union bargaining habits continue on the same old lines, the same tired actions and with the same unwelcome outcomes, management is not letting this frustrate innovation and flexibility.
Post-Mandatory Retirement – Issues with an Older Workforce
Get ready for the changes you’ll need to make in managing an older workforce. We’ll identify the issues and legal obligations and discuss some approaches that can be taken in terms of retirement policies, productivity incentives, accommodation requests, benefits past age 65 and other practical considerations.
WSIB – Independent Contractors and Process
Many employers are changing the way they staff their enterprise – relying more on contractors, third parties and independent operators. While this can reduce costs, it comes with legal risks. We’ll discuss these risks and set out some strategies on how to best manage them.
Managing a Workplace in a Pandemic Age – Waiting For the Next Big Wave
There are many lessons learned from H1N1 pandemic planning that you can use for the next pandemic outbreak. We’ll discuss these – and also provide guidance on a number of pandemic-related issues, such as getting work done in a unionized or non-unionized environment, managing absenteeism and balancing workplace privacy issues.
Changing RCMP Process – New Approaches to Background Criminal Checks
A new RCMP directive for agencies that facilitate national criminal background checks has imposed significant changes to the process governing the dissemination of criminal record information – and the process by which such agencies may conduct name-based criminal record verifications. Find out how these changes impact the services available to you if your organization seeks such checks in relation to prospective employees – and how you can assess your organizational risk in hiring a good but unverified applicant.
The New Era: Human Rights Litigation
We’ve entered a new era in human rights and the dramatic overhaul of Ontario’s Human Rights system in 2008 is now driving this to new speeds. More substantive legal issues are coming to the forefront as a body of case law now exists for many of the process issues. What does the new case law say about the duty to accommodate? What are the developing views on family status and child care obligations? We’ll examine these issues and more in our look at human rights in the new era.
Workplace Violence and Bill 168
Workplace violence issues are now firmly in the forefront with Bill 168 requiring employers to develop a program to manage their workplace violence risks. The legislation also requires an employer to take steps to protect workers from a domestic violence situation and to identify persons with a history of violence. This seminar examines what this could mean for your workplace and provides strategies on key issues such as identifying a person with a history of violence and how you respond to a work refusal.
Networking Coffee Break
Attendance Management Essentials
The workplace is aging and attendance management will become a more critical component of a human resources practice. With recent cases such as McGill, Honda and Hydro-Quebec changing the legal landscape, we’ll look at the requirements and documentation needed by an employer to successfully manage its attendance management processes – including medical notes, information gathering, accommodation requirements, and managing the employee’s responsibilities.
Social Media – Managing Illegitimate Employee Expression
The explosion of social media continues to change – and in some cases shape – the workplace. We’ll examine a number of issues relating to social media, such as when you can hold current and former employees accountable for on-line expression, how far current employees can go without running afoul of the duty of fidelity, and the boundaries employers should use in assessing expression by disgruntled departed employees.
Wrongful Competition, Covenants and Fiduciaries
Whether you are a private-sector business or a public-sector institution, you rely on your key employees. You place trust in them and give them access to confidential and sensitive information. What would happen if any of those employees, or a group of them, left? As employee mobility becomes more pronounced in the new decade, you’ll want to know how to protect your business and ensure that your departed employees meet their obligations. In this presentation, we’ll discuss this ever-changing area with practical tips and updates on recent developments in the law.
Lunch and Luncheon Speaker
Dave Howlett, BSc DTM RHB, Real Human Being
Knocking Down Silos