Position Your Organization Ahead of the Field in Human Resources
Since the founding of Hicks Morley in 1972, tremendous changes in the legal, social and technology landscape have affected the way employers in Canada manage their workplaces. Now more than ever, employers must take the lead and respond to the countless new and different challenges that continue to arise. Workplace bullying and violence, social media management, pension and retiree disputes and departing employee litigation are only some of the diverse, evolving and critical issues of today that can impact your business. Join us as we discuss the latest legal developments, and present effective practical strategies and “best practices” geared to helping your organization’s human resources management.
Agenda
8:00
Registration and Continental Breakfast
9:00
Opening Remarks and Welcome
9:05
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.
My system, my data! Employer access and the problem of personal use
Barry J. Brown
Computer use continues to change dramatically as more of us do more browsing, transactions and messaging/posting online. This presentation will address the legal consequences of increased “personal use” and explain what employers should be doing to ensure that privacy claims don’t get in the way of investigations and other important work.
Pensions – The story continues to unfold
Terra L. Klinck
Pensions have grabbed headlines over the past few years like never before as market turmoil, low interest rates and changing demographics continue to alter the Canadian pension landscape. Governments across the country are grappling with how to expand pension coverage and update minimum standards legislation. This presentation will provide employers with an update on current legislative and regulatory issues and industry trends.
Are you complying with the AODA?
Paul E. Broad
The Accessibility for Ontarians With Disabilities Act (AODA) Customer Service Standards are now in force for all organizations in Ontario – and the requirements of the Integrated Accessibility Standards are looming. We will review what your organization should be doing now to ensure current and future compliance with the AODA.
Union and non-union terminations. The year in review
Margaret Szilassy
It’s been a busy year in the courts and at arbitration, with new and significant cases on constructive dismissal, damages, mitigation of loss and more. This fast-paced presentation will cover the need-to-know termination cases from the last 12 months.
Avoiding the pay equity shock
Paul E. Broad
With legislation that dates back almost 25 years, it is not surprising that some employers have taken a “been there, done that” approach to pay equity compliance. Despite the perception of pay equity as yesterday’s HR requirement, it is in fact alive and kicking in Ontario. This presentation will explain how – and outlines the significant financial liability that can result when employers fail to comply.
Bargaining and strike planning in the age of social media
Robert J. Atkinson
Are you ready for your next round of bargaining? How will you manage a cyber picket line? Many would say that the dynamics of bargaining have forever changed with the advent of social media. This presentation will examine the changing face of bargaining and strike planning in this electronic age.
To report or not to report – Non-worker injuries under the Occupational Health and Safety Act
Margaret Szilassy
A recent Divisional Court case says that employers and contractors must report all critical injuries and fatalities in the “workplace” to the Ministry of Labour whether they involve a worker or not. In this presentation, we will discuss how this important decision affects your obligation to report critical injuries.
And now for the good news… mental distress and punitive damages update
Lisa M. Kwasek
While the Honda v. Keays Supreme Court of Canada decision confirmed that punitive damages should be awarded in exceptional circumstances only, there were concerns that the case made it easier for plaintiffs to advance claims for damages beyond those for “reasonable notice.” In actual fact, the case has been narrowly interpreted and has not given rise to the floodgates initially anticipated. This presentation will review these interpretations – and provide some rare good news for employers.
Threat assessment, mental disability and workplace violence
Barry J. Brown
Employers have had an express duty to manage the risk of workplace violence since Bill 168 reforms came into force. But how far does this duty to manage extend? This presentation will explain what threat assessment means and why it is essential to managing the threat of workplace violence. It will also explain how good threat assessment procedures can help employers meet their duty to accommodate individuals with mental disabilities.
Leaves, leaves everywhere – An ESA update
Paul E. Broad
SARS, organs, critical illnesses and war are all good reasons for your employees to be absent from work. Recently the Ontario government introduced family caregiver leave, which brings the total number types of leaves under the Employment Standards Act to eight. This presentation will provide an overview of current and new leave requirements to ensure you are up to date.
The rising stakes of work reintegration at the WSIB
Robert J. Atkinson
The Workplace Safety and Insurance Board has implemented five new work reintegration policies that invite the Board to take a much more active role in the return to work process. This presentation will describe how the new policies are being applied, how they interact with the duty to accommodate under the Ontario Human Rights Code and what you should be doing to meet your duties.
Goodbye… so now what? How to protect your organization when a key employee departs
Lisa M. Kwasek
Employers face a unique risk and challenge when a key employee departs. The employee knows your business inside-out, and likely has access to sensitive and confidential information. This presentation will explain the proactive steps you can take to protect your organization – and the legal and practical steps you can take to minimize the risk once the employee is out the door.
10:35
Networking Coffee Break
11:00
Internal investigation tips, techniques and traps
Barry J. Brown and Lisa M. Kwasek
HR professionals are often asked to investigate internal matters that involve considerable complexities and can have a high stakes impact on their organization. This session will help you understand the proven techniques that can form the basis of a successful investigation – with practical ideas to implement so you can be confident in your process and outcomes.
11:15
Strategy and tactics to guide your human rights defence
Robert J. Atkinson and Margaret Szilassy
With the dramatic overhaul of Ontario’s human rights system almost four years ago, human rights issues in the workplace have greater visibility than ever. This session will provide an overview of the nuts and bolts of mounting a strong human rights defence. We’ll discuss the optimal strategies for different kinds of cases, how to use Tribunal procedure to your advantage and effective strategies to consider in light of the Tribunal’s approach to damages.
11:30
The good, the bad and the ugly of social media management
Barry J. Brown and Paul E. Broad
Social media offers companies great opportunities – but with these opportunities come significant risks. This session will address the good (employee use for the company), the bad (employee off duty use) and the ugly (managing employees who are targeted by outsiders) of social media management.
11:45
Challenges in attendance management. Mistakes made, lessons learned
Robert J. Atkinson and Lisa M. Kwasek
Employers often have one chance to get their attendance management program right in the face of workplace challenges. This session will identify the “must have” components that a program needs to meet these challenges – with a focus on typical miscalculations made by employers and how to avoid them.
12:00
Lunch and Luncheon Speaker
David A. Wright, Associate Chair of the Human Rights Tribunal of Ontario
1:30
Conference Ends