The purpose of this session is to provide in-house counsel with an update on recent developments in key areas of employment law and to discuss the professional implications unique to their role as advisor to an organization.
Recent developments in the law of constructive dismissal will be canvassed, including attempted claims of common constructive dismissal – an update and a review of the April, 2012 decision of the Ontario Divisional Court in Kafka et al v. Allstate. The session will also deal with the role of in-house counsel in drafting written contracts containing provisions seeking to exclude the Court’s inquiry into allegations of constructive dismissal by the employee – avoiding and managing conflicts of interest, and dealing effectively with unrepresented persons.
Written Contracts and Mitigation
Key considerations for employers in their preparation of written contracts of employment, including with respect to mitigation – an update and review of the May, 2012 decision of the Court of Appeal for Ontario in Bowes v. Goss Power Products Ltd. The role of in-house counsel in dealing with unrepresented persons, managing the client and avoiding conflicts of interest in drafting clear provisions to deal with mitigation will be highlighted and discussed.
Cause for Dismissal
What employee conduct meets the test for cause for dismissal set out by the Supreme Court of Canada in BC Tel – a caselaw update. What is the role for in-house counsel in investigating/reporting or reviewing cause prior to dismissal? The unique and problematic role of in-house counsel in the investigative process, dealing with issues of privilege, dealing directly with the employee and in-house counsel’s involvement in decision-making on cause for dismissal will be explored.
The latest word on damages – recent developments since the decision of the Supreme Court of Canada in Keays v. Honda, including the interplay between wrongful dismissal and long-term disability damages. The role of in-house counsel in addressing potential settlement issues when dealing directly with the employee and balancing the duty to the employer as client with the obligation to the court or tribunal will be reviewed.
| This program has been accredited by the Law Society for 0.5 Professionalism Hour
This program is also eligible for up to 1.0 Substantive Hours