Previous Seminars

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2019 Seminars

  • February 27, 2019

    Privacy and Surveillance: Understanding an Employer's Rights and Obligations

    1. Is there is a "Right" to Privacy?
      • Privacy legislation and its impact on your workplace
      • Unique considerations for unionized employers
    2. Employee Monitoring and Surveillance
      • Can an employer monitor an employee's email, internet and smartphone use?
      • When can cameras be used in the workplace?
      • Surveillance outside the workplace - is it ever appropriate?
    3. Privacy and Social Media
      • What is an employer permitted to learn about a job applicant?
      • Can an employer require access to an applicant’s social media account(s)?
      • Is an employer permitted to act on what it sees on the social media account(s) of an existing employee?
    4. Addressing IT-Related Misconduct
      • Recent trends in discipline and discharge for IT-related misconduct.
    5. What does the future hold?

2018 Seminars

  • December 5, 2018

    Out With The Old, In With The New: 2018 Year in Review & What to Expect in 2019…

    1. Legislative Update: There have been significant changes to employment standards and occupational health and safety legislation in 2018. Are you aware?
    2. Drugs and Alcohol: Employers are understandably concerned about the potential impact of cannabis legalization. We will review recent cases on drug and alcohol testing and use in the workplace and how an employer can proactively address this issue.
    3. WSIB Update: Learn about the new Chronic Mental Stress policy and how it may impact the handling of workplace harassment claims. We'll also address changes to WSIB rates and premiums in 2019.
    4. Case Law Roundup: A review of some of the most important labour, employment and human rights decisions of 2018 and what they mean for your operations.
    • September 26, 2018

      Beware Ye of Little Faith: An employer’s duty to act in *good faith* during and at the end of the employment relationship - Know your obligations and avoid unprecedented liability

      1. History and evolution of the employer’s duty of good faith
      2. Recent developments and shocking damage awards
      3. Considerations prior to and during the employment relationship
        • When negotiating a contract
        • During the employment relationship
      4. Considerations at the end of the employment relationship
        • Justifying the decision to terminate
        • When to provide reasons
        • When silence is golden
        • Letters of reference
      5. What does the future hold?
      • June 6, 2018

        Drugs (including Cannabis) in the Workplace - Employer Rights and Obligations - Best Practices to Protect Your Workplace

        1. Balancing Safety, Privacy and Human Rights
          • Employer rights and obligations regarding cannabis, opioids or other impairing substances.
          • The significance of medical vs. recreational use.
        2. Impairment
          • The impact cannabis can have on cognitive ability.
          • Recognizing signs of impairment.
          • Measuring impairment.
        3. Testing
          • Types of testing: pre-employment; pre-access; random; post-incident; return to work.
          • New developments in testing technology.
          • New developments in the law.
        4. Discipline and Policies
          • Holding employees accountable.
          • Practical tips on developing and implementing effective policies.
      • March 7, 2018

        Bill 148: It’s Now The Law! What It Means for Employers

        1. Employment Standards Act
          • Increased minimum wage
          • Equal pay for part-time, contract and assignment employees
          • Pay for on-call and cancelled shifts
          • Increased vacation and public holiday pay entitlement
          • Enhanced personal emergency leave
          • Expanded parental and pregnancy leave entitlement
          • Heightened enforcement and penalties
        2. Labour Relations Act
          • Card-based certification in specific industries
          • Union access to employee lists for organizing efforts
          • First collective agreement mediation/arbitration
          • Enhanced just cause protection post-certification and during strike/lockout
          • Expanded successor rights

2017 Seminars

  • November 29, 2017

    Important Changes Coming to the WSIB - Learn how to manage WSIB costs in the new legal landscape

    1. Rate Framework Modernization
      • What is it and why now?
      • What is changing?
      • What is the potential impact on employers?
    2. Chronic Mental Stress
      • What is changing and why?
      • What does the draft policy propose?
    3. Managing Costs
      • How to manage premium costs under the proposed system?
      • How to manage claim costs?
      • What are the EAC/CME Safety Groups and how can they help your organization?
  • September 27, 2017

    Let’s Talk About Sex: Workplace Indecencies and Indiscretions

    1. Sexual Harassment
      • What is sexual harassment?
      • When is an employer liable for sexual misconduct in the workplace?
      • What is the range of penalty?
    2. Sexual Harassment
      • Is an anti-fraternization policy a good idea?
      • What type of conduct can an employer legitimately prohibit in the workplace?
    3. Off Duty Conduct
      • When does sexual misconduct that occurs outside of the traditional workplace become a workplace issue?
      • What is an employer’s responsibility when it comes to “sexting”, sexualized emails, and other explicit social media based communications?
      • When can an employer discipline or discharge an employee for off duty conduct?
      • How should an employer respond to questions from the media?
  • May 30, 2017

    Missing in Action: Managing Planned and Unplanned Workplace Absenteeism

    1. Legal Entitlements
      • Protected leaves of absence under the Employment Standards Act, 2000.
      • Human rights considerations when addressing absenteeism.
      • Are there special rules in a unionized environment?
    2. Addressing Absenteeism
      • Culpable vs. non-culpable absences – are they treated differently?
      • Communicating with an absent employee, including obtaining appropriate medical information.
      • When may an employer discipline or terminate for absenteeism?
    3. Tips to Reduce Absenteeism
      • Attendance management policies – what to consider when preparing your own.
      • Changes to schedules and work locations.
      • Attendance awards and other incentives.
  • February 1, 2017

    Workplace Investigations: How to Comply with the Law and Manage Risk

    1. Harassment Investigations
      • The requirement to conduct an ‘appropriate’ investigation under Bill 132.
      • How the Ministry of Labour can (and is) enforcing Bill 132.
    2. Health and Safety Investigations
      • The benefit of conducting an investigation into a health or safety accident or incident.
      • Responding to a Ministry of Labour request during an investigation.
    3. Issues That Apply Across the Board
      • Risks and costs associated with an improper investigation.
      • Third party vs. internal investigation - when to ‘outsource’ a workplace investigation.
      • When your investigation will (and will not) be privileged.
      • How to instruct and manage a third party investigator.
      • How to deal with the complainant and respondent during a workplace investigation.
      • The investigation report is in your hands - now what? Requirements and best practices for the post-investigation process.

2016 Seminars

  • December 6, 2016

    What a Difference a Year Makes! Lessons from 2016 & Tips for 2017!

    1. Bill 132: September 8, 2016 ushered in new requirements and obligations to address and respond to workplace harassment. Are you aware? Is your organization ready?
    2. Drugs and Alcohol: The latest on drug and alcohol testing, and how to deal with (not in!) medicinal marijuana in the workplace.
    3. Family Status Accommodation: Recent case law has clarified the duty to accommodate child and elder care obligations. What does this mean for employers?
    4. Accessibility for Ontarians with Disabilities Act: New and expanded obligations took effect on January 1, 2016. Is your organization compliant? Learn what should be done.
    5. Changing Workplaces Review: Unprecedented and seismic! The Changing Workplaces Review will fundamentally alter the way Ontario employers do business. Learn what has transpired since our May HReview seminar, and what employers can still do to advocate for their interests!
  • September 28, 2016

    Group Insurance Benefits - Avoid Dangerous Employer Liability Traps!

    1. Extending benefits of employment post-termination.
    2. Continuing health and dental benefits for an employee on leave: How long?
    3. Potential LTD risks when terminating employment and how to avoid those risks.
    4. Compensating for loss of benefits when paying severance compensation.
    5. Working with an LTD insurer in response to a request for modified duties.
    6. Responding to a dubious employee request for LTD benefits.
    7. Enrolment of an independent contractor into a group benefits plan.
    8. Enrolment of a contract employee into a group benefits plan.
    9. The importance of timely enrolment into a group benefits plan.
    10. Changing the terms of a benefit plan and constructive dismissal.
    11. Taxation issues related to LTD benefits.
  • May 31, 2016

    In 2015, Ontario launched public consultations (Changing Workplaces Review) into amendments to the Employment Standards Act and Labour Relations Act. An Interim Report is expected to be released in early 2016. Recommendations will be far reaching and, we believe, have a dramatic impact on the regulation of Ontario workplaces. Yet, to date, there has been little employer participation in the consultative process.

    1. Employment Standards Act
      • Increased minimum entitlements for part-time, casual and temporary agency employees
      • Joint client – contractor liability for contractor employees (i.e., temp agencies, building services, franchisor/franchisees, etc.)
      • Reconciliation and/or expansion of protected leaves
      • Fewer exemptions from the application of the ESA
      • Heightened enforcement, inspection and audit processes
    2. Labour Relations Act
      • Unionization: Replacement of the vote process with a card based system
      • Greater access to employee contact information given to trade unions
      • Automatic access to interest arbitration to resolve disputes
      • Increased regulation of strikes/lockouts (e.g., ban on replacement workers; time-limited strikes, etc.)
      • Increased Labour Board powers to regulate the trade union–employer relationship (e.g., multi-site collective agreements, increased enforcement powers, greater financial penalties, etc.)
  • February 3, 2016

    WSIB Claim Management: Avoiding costs and obtaining rebates

    1. Experience ratings
    2. Entitlement, recurrence, aggravation and pre-existing conditions
    3. Accommodation, return to work efforts and documentation
    4. Resignation and termination
    5. The dash of jurisdictions (WSIB, WSIAT, human rights and arbitration)

2015 Seminars

  • December 2, 2015

    Invisible and Episodic Disabilities

    1. Depression
      • What are an employer’s obligations in the case of an invisible disability such as depression?
      • When is the duty to accommodate triggered?
      • How might an employer balance its duty to accommodate with potential safety risks (for other employees, and the employee with the disability)?
      • Best practices.
    2. Allergies and Sensitivities
      • Is an allergy a disability? Is an environmental sensitivity a disability?
      • What is an employer’s duty to accommodate under human rights legislation?
      • What exposure might an employer face under occupational health and safety legislation if the employer is aware of an allergy and does not limit triggers in the workplace (e.g., scents , etc.)?
      • Best practices.
  • October 1, 2015

    Drugs and Alcohol in the Workplace

    1. Understanding Drug and Alcohol Testing
      • For what are we testing?
      • Is employee consent required?
      • Types of testing: pre-employment; pre-access; random; post-incident; return to work
      • New developments in the law
    2. Responding to a Workplace Incident Involving Drugs or Alcohol
      • Post-incident impairment testing
      • Duty to accommodate
    3. Discipline for Drug or Alcohol-Related Misconduct
      • Last Chance Agreement – when and how?
    4. Drug and Alcohol Policies
  • May 28, 2015

    Here For a Good Time - Not a Long Time: Navigating the Risks of Interns, Volunteers, Temps and Student Employees

    1. The “Unpaid Intern” Story
      • When is it lawful to hire an unpaid intern?
      • Co-op students vs volunteers vs interns: What’s the difference and why does it matter?
      • What are the risks?
      • How to use a contract or engagement letter to minimize risk.
    2. Temporary Employees and Summer Students
      • ESA? WSIB? OHSA? What applies and what doesn’t?
      • Legislative changes to the “minimum wage” (ESA) and definition of “worker” (OHSA).
      • Setting expectations at the time of the engagement.
      • How to transition to full-time employment – or end the relationship early.
  • January 28, 2015

    Ghomeshi Allegations Spark Vigorous Debate About Off Duty Conduct Managing the Difficult Employee

    1. Off Duty Conduct
      • When can an employer discipline or discharge an employee for off duty conduct?
      • Does it matter whether the conduct becomes public?
      • What type of evidence demonstrates reputational harm to an employer?
      • Potential liability if an investigation is not (or is improperly) conducted.
    2. Damage Control
      • How should an employer respond to questions from the media?
      • When should an employer “get in front” of a story and when should it be reactionary?
      • Using social media to get the message out.

2014 Seminars

  • November 27, 2014

    2014’s Hottest Employment and Labour Developments - Is your organization prepared for 2015?

    1. Labour Law
      • Store Closure Following Union Certification
      • Union Rights Follow Change of Location
    2. Employment Law
      • Severance Pay
      • Reasonable Notice
      • New Legislation
    3. Human Rights
      • Family Status
      • Religious Accommodation
      • Internal Investigations
  • September 16, 2014

    Managing the Difficult Employee

    1. Performance and Productivity
    2. Attendance Management Techniques
    3. When All Else Fails: Terminating the Difficult Employee
  • June 5, 2014

    Employee Misuse of Workplace Technology – How to protect your organization

    1. How to set expectations in the hiring process
    2. Best practices for using confidentiality, non-competition and non-solicitation clauses
    3. The importance of technology use policies, including social media
    4. Best practices for dealing with employee-owned devices
    5. What to do if a departing employee takes company information
  • March 19, 2014

    Employment Standards - What you need to know!

    1. ESA Tips, Traps and Hurdles
      • Hours of Work and Overtime
      • Public Holidays
      • Vacation and Vacation Pay
      • Canada Labour Code: A quick comparison
    2. ESA Inspections and Audits
      • Who, what, where, when and why?
      • Employer obligations.
      • What can be done to prepare?
  • January 21, 2014

    2014 Workplace Resolutions!

    1. Find 'The One'
      • Human rights considerations in advertisements and interviews
      • The employment contract
      • Social media and background checks
      • How and when to make the offer
    2. Lose 10 Pounds (or 165...)
      • You’ve done your best but it’s still not working.
    3. Get Happy!
      • Happy employees are good for business.

2013 Seminars

  • November 20, 2013

    2013 A Cross-Canada Look at Employment and Labour Law

    1. Termination Entitlements
    2. Employee Privacy Rights
    3. "Employer Free Speech"
    4. Workplace Harassment
  • September 17, 2013

    Discipline in the Workplace - An overview of best practices and pitfalls

    1. What procedures should be followed prior to imposing discipline?
    2. What is the appropriate discipline to be imposed?
    3. How does discipline in a unionized workplace differ from a non-union workplace?
  • May 28, 2013

    In Sickness and in Health: Managing Employees with Illnesses or WSIB Injuries

    1. Illness in the Workplace
      • Obtaining useful medical information about an employee's condition
      • Employee obligations during accommodation and return to work
      • Implementing and monitoring a gradual return to work program
      • What is (and is not) a "disability" under the Human Rights Code?
      • Disciplining (or terminating) for illness or injury-related attendance issues
    2. WSIB Claims
      • Reporting and return-to-work obligations under the WSIB
      • Handling recurring conditions
      • Entitlement to WSIB cost relief
      • Disciplining (or terminating) after a WSIB claim
      • Objecting to a WSIB ruling
  • March 20, 2013

    Privacy and Surveillance: Understanding An Employer's Rights and Obligations

    1. Is there is a "Right" to Privacy
      • Privacy legislation and its impact on your workforce
      • New cases in the area of privacy
      • Unique considerations for unionized employers
    2. Employee Monitoring and Surveillance
      • Can an employer an employee's email, internet and smartphone use?
      • When can cameras be used in the workplace?
      • Surveillance outside the workplace - is it ever appropriate?
    3. Addressing IT-Related Misconduct
      • Practical tips for drafting and implementing an effective electronic usage policy
      • Recent trends in discipline and discharge for IT-related misconduct
    4. Looking to the Future... fingerprints, retinal scans, 'clouds' and beyond
      • What are the potential privacy issues with new and emerging technologies?
  • January 17, 2013

    Conducting an Effective Workplace Investigation

    1. When Do You Need to Investigate
      • Legal obligation to investigate harassment, violence and discrimination
      • Policy reasons to investigate workplace misconduct
    2. Avoiding Common Investigation Pitfalls
      • Who should conduct the investigation?
      • How to effectively question participants?
      • Should the complainant or respondant be placed on leave during the investigation?
      • What is the union's role in workplace investigation?
      • How can surveillance and electronic evidance be effectively used?
    3. Dealing with the Outcome of the Investigation
      • How to reach a conclusion on your investigation
      • Effectively communicating the outcome
      • Discipline and discharge arising from a workplace investigation
      • Returning the investigated employee to work

2012 Seminars

  • November 20, 2012

    What Employers Must Know for the Holiday Season

    1. Religious accomodation
      • What, When, and How?
    2. An employer's duties (and potential liability) when holding a holiday party
      • Alcohol, Transportation, Harassment, Supervision, etc.
    3. Holiday gifts, bonuses, public holiday pay and/or time off in lieu
      • When, How and Tax Implications
    4. Legal proceedings you can't ignore
      • Don't turn off your fax machine!
  • September 18, 2012

    Drugs and Alcohol in the Workplace

    1. Drug and Alcohol Issues in the Workplace
      • It's not just about the user...
    2. Understanding Drug and Alcohol Testing
      • What tests are available?
      • What is being tested?
      • Is employee consent required?
      • Is privacy an issue?
    3. Preventative Management Strategies
      • Developing and implementing a drug and alcohol policy
      • Can an employer require employees to undergo pre-employment screening?
      • Is there an obligation to conduct testing for employees in safety sensitive positions?
      • Can an employer conduct random testing?
      • Can testing be required to monitor an employee participating in a rehabilitative return-to-work program?
    4. Responding to Workplace Incidents Involving Drug and Alcohol
      • When and what can an employer search?
      • In post-incident impairment testing permitted?
    5. Discipline for Drug and Alcohol-Related Misconduct
      • What if an employee refuses to provide a sample?
      • What steps can an employer take if an employee fails a drug or alcohol test?
      • What can an employer do if an employee breaches a last chance agreement?
      • When is dismissal appropriate
      • Is there an overriding duty to accomodate an employee with an addiction?
  • May 30, 2012

    Disability Accommodation and Return to Work

    1. What is (and is not) a disability:
      • What types of physical and mental illnesses do not engage the employer’s duty to accommodate?
      • Does the employer have a duty to accommodate ‘stress and anxiety’?
    2. How to proactively manage an employee’s return to work:
      • What to do when you receive a vague doctor’s note (“Bob is sick”).
      • What medical information is an employee obligated to provide? What if she refuses?
      • What if the employee refuses to perform the modified duties?
      • How can you use WSIB resources to help manage accommodation issues?
      • What to do if the accommodated duties conflict with the terms of a collective agreement?
      • When can you require an Independent Medical Evaluation?
    3. When can you terminate?
      • What is undue hardship and when is it reached?
      • What is required to establish frustration of contract?
      • How do the standards of undue hardship and frustration of contract differ?
      • Does it matter if the employee was injured at work or outside of work?
  • March 22, 2012

    Remaining Union Free
    How to Plan, Prepare and Win

    1. The new age:
      • Union organizing strategies and what unions are doing to win
    2. Buyer Beware:
      • The Impact of Neutrality Agreements and International Framework Agreements
    3. Pamphleting and internal organizing:
      • Immediate steps employers should consider
    4. An employer's right to speak:
      • How to communicate without breaking the law
    5. The unexpected fax:
      • What to do if you receive an Application for Certification
    6. Running a successful campaign:
      • It's never too late to win
    7. Update from the Ontario Labour Relations Board:
      • Which unions are active in which industries
  • January 18, 2012

    Never can say goodbye
    Managing the Older Worker

    1. Mandatory Retirement:
      • The way we were.
      • Recent legal developments.
      • Where do we stand?
    2. Accommodating the older worker:
      • Are standards of performance the same?
      • Options and best practices.
      • Voluntary reduction of working hours: Is this advisable?
    3. Performance management.
    4. Terminating employment.

2011 Seminars

  • November 15, 2011

    Employment Law Update - What's New? What's Worth Repeating?

    1. Termination for Cause
      • What's cause'?
      • What's owed?
      • Common law vs. Employment Standards
      • How to meet the for cause' test under both the common law and employment standards
      • Oosterbosch v. FAG Aerospace
    2. Independent v. Dependent Contractors
      • What's the difference?
      • Why does it matter?
      • How to ensure your workers are properly classified.
      • McKee v. Reids Heritage Homes Ltd.
    3. Fixed v. Indefinite Term Employees
      • What's the difference?
      • Why does it matter?
      • When does a fixed term employee become an indefinite hire?
      • How to ensure a fixed term employee stays that way.
      • Van Mensel v. Walpole Island First Nation
    4. An Employee with a Disability
      • She's been off work a long time - can you terminate her employment?
      • What does it mean for a contract to be frustrated'?
  • September 21, 2011

    Help! There's been an accident.

    • A workplace accident can be a stressful and confusing time for an employer. A worker has been injured and all energy is focused on assisting that individual. When the dust settles and immediate medical treatment has been given, an employer may face liability under the Occupational Health and Safety Act, Criminal Code and/or Workplace Safety and Insurance Act. However, an employer can take steps to minimize and in some cases avoid liability. The first step is to know your employer rights.
    • At this HReview Seminar we will tackle the following issues, and more:
    1. Help! There's been an accident!
      • Guidelines for compliance with deadlines and forms
      • Employer investigations
    2. As the dust settles
      • The return to work process
      • Changes to WSIB non-compliance and re-employment obligations
      • Ministry of Labour inspections and investigations
    3. The aftermath
      • Defending OHSA and criminal charges.
      • Are policies, programs and training enough?
      • Changes to the OHSA (Bill 160)
    4. Keeping it together
      • Tips, traps and best practices for dealing with workplace injuries
      • Remaining sympathetic and smart
  • May 31, 2011

    Social Media in the Workplace - Uncharted Territory for Employers

    • The growing popularity of social media raises a number of workplace issues for employers. For example: when, if at all, is it appropriate for an employer to monitor employee use of social media; are there privacy considerations; what about freedom of expression and can an employer face liability for improper use by employees
    • At this HReview Seminar we will tackle these issues and more, including:
    1. Monitoring employee and applicant use of social media
      • Why would an employer want to do this?
      • Are there limitations on the use of information gathered?
      • Are there privacy considerations?
    2. Employees who bad mouth' their employers on-line
      • Real examples: Domino's Pizza YouTube; Virgin Atlantic Airlines Facebook.
      • Does an employee have a duty of loyalty to his/her employer?
      • What about freedom of expression'?
      • Does the employee have a reasonable expectation of privacy?
      • How might an employer respond?
    3. Labour Law Implications
      • The use of social media to solicit support for unionization.
      • The use of social media to build public support during a work stoppage.
      • How might an employer respond?
    4. Social Media Policies and Practices
      • Tips, traps and best practices.
  • March 24, 2011

    Hot Topics in Accommodation: How Far is Far Enough?

    1. What constitutes a disability? Are chemical sensitivities, common ailments and stress' considered disabilities under human rights legislation?
    2. Must an employer accommodate a request for time off to observe a religious holy day? Must an employee prove' his/her religious observance? How?
    3. Family status and the request for accommodation: How far does the duty to accommodate extend? What, if any, is an employee's responsibility to participate in the accommodation process?
    4. Tips, traps and best practices for addressing accommodation requests.
  • January 19, 2011

    Ontario's New Human Rights Regime: The Experience So Far

    • Effective June 30, 2008, the Ontario government made significant changes to the Province's human rights regime. Intended to make the system more effective and efficient, amendments were made to the Human Rights Code as well as the timing and method of holding hearings.
    • In this HReview Breakfast Seminar we will review the employer experience under the new regime, including:
    1. What has been the practical experience of employers?
    2. What are the first steps an employer should take when it receives a human rights application?
    3. How does a labour arbitration or other proceeding, such as a Workplace Safety & Insurance proceeding, impact a human rights application?
    4. What procedural avenues are available to assist an employer to deal with an application?

2010 Seminars

  • November 16, 2010

    Employment Law Update

    1. Human Rights: How are courts interpreting human rights issues?
    2. Employment Contracts: Tips for drafting enforceable employment contracts. The latest view from the bench.
    3. Mental Distress Damages: What type of conduct will cost you more?
    4. Restrictive Covenants: An employee's obligations post-employment.
  • September 21, 2010

    Accessibility for Ontarians with Disabilities Act

    • This new law requires provincially regulated employers to comply with the requirements of a variety of Accessibility Standards - beyond the existing accommodation requirements in the Ontario Human Rights Code. Failure to comply may result in an administrative fine of up to $100,000.
    • Phase one involves the implementation of a Customer Service Accessibility Standard, requiring organizations to develop extensive policies and practices relating to the delivery of goods and services to people with disabilities, and to provide relevant training to staff. Public sector employers must be in full compliance by January 1, 2010; private sector employers by January 1, 2012.
    • At this HReview Seminar attendees will learn:
    1. What does the Customer Service Accessibility Standard require?
    2. Nuts and bolts of the policies and programs employers must have in place to comply with the Customer Service Accessibility Standard.
    3. The training employers should provide to employees.
  • June 2, 2010

    Disability Related Misconduct: Discipline or Accommodation?

    1. Can an employer dismiss an employee for misconduct caused by a disability, or does the 'duty to accommodate' apply?
    2. Must an employer investigate whether a disability played a role in an employee's misconduct prior to imposing discipline?
    3. Must an employee disclose a disability in order to trigger accommodation?
    4. Are last chance agreements enforceable?
    5. Can an employer require an employee who has been involved in addiction-related misconduct to undergo random drug testing?
  • March 25, 2010

    Bill 168
    Violence and Harassment in the Workplace
    A Practical Guide to Managing The New Law

    • Slated to become law on June 15, 2010, Bill 168 amends the Occupational Health and Safety Act and places obligations on employers never before seen in Ontario.
    • At this HReview Seminar attendees will learn:
    1. What are an employer's obligations under the new law?
    2. The nuts and bolts of the policies and programs every employer must have in place.
    3. What is a "risk assessment" and how is it performed?
    4. What steps can be taken now to ensure workplace compliance before June 15, 2010?
    5. What is at risk for a non-compliant employer?
  • January 21, 2010

    Frequently Asked Employment & Labour Law Questions - And Then Some!

    1. Our business is down. Can we just lay off some of our employees?
    2. We have an employee who has been off sick for two months and won't say when he is coming back to work. Can we treat him as having quit or abandoned his employment?
    3. We want to change a few things in our pension plan / group health plan / long & short disability plan. Can we do this? How?
    4. There have been a number of incidents of theft / property damage on our workplace. We'd like to install surveillance cameras. Can we?
    5. What are our obligations toward an employee returning from maternity leave?
      • What if the replacement employee is a better worker and I would prefer to keep him/her?
      • What if the returning employee's position does not exist any longer?
      • What if there has been a reorganization of the workplace the returning employee's position is now performed by three people in different departments?

2009 Seminars

  • November 17, 2009

    Pandemic Preparedness and Response

    Is Your Organization Ready for the Winter Flu Season?
    Do You Have a Workplace Pandemic Plan?

    1. What are an employer's legal obligations in responding to a pandemic?
    2. What business impact can an employer expect from a pandemic?
      • absenteeism
      • operational constraints
      • market fluctuations
    3. What steps can an employer take to maximize safety and minimize business disruption?
    4. What practical considerations should an employer take into account when developing a pandemic plan?
    5. Lessons learned from SARS and Avian Flu.
    6. Answers to the top 10 legal questions by employers about pandemic issues.

    Don't be caught unprepared!

  • September 17, 2009

    Workplace Harassment, Violence and Bullying:
    Rights, Responsibilities and How to Manage to Avoid Liability

    1. The Legislation - What are the rules?
      • Health and Safety Legislation.
      • Human Rights.
      • "Psychological Harassment".
    2. Defining the Issue
      • What constitutes harassment?
      • What factors do courts, arbitrators and administrative tribunals consider?
    3. Investigation And Response to Complaints of Harassment and Violence
      • The framework for an appropriate response.
      • Complaints under a Collective Agreement.
    4. Discipline and Discharge
      • Just Cause and proving the case.
      • Underlying mental disability.
      • Accommodation as a necessary response.
    5. Prevention and Practical Tips to Avoid Liability
      • Review and update current policies.
      • Modify the workplace to create a safer environment.
  • June 3, 2009

    Performance Management -
    How To Manage, Motivate and Avoid Liability

    1. Defining "Performance Management"
    2. When and How to Use Performance Management
    3. Designing An Effective Performance Management Plan
    4. Reasonableness of Goals
      • Legal Issues
      • Human Rights Issues
      • Practical Considerations
      • The Uncooperative Employee
      • 7 Mistakes To Avoid
    5. Post Plan Follow Up
      • Communication
      • Assessment
      • Documentation
    6. The Termination Decision
      • File and Performance Review
      • Employer Response to Non Compliance
      • Termination - Cause or Without Cause?
  • March 26, 2009

    Managing Employees in Uncertain Economic Times

    1. Layoffs and Terminations

      Employment Standards Act Issues
      • Notice of layoff or termination
      • Continuation of benefits
      • Mass termination
      Common Law Issues
      • Constructive termination
      • Reasonable notice
      • Class-action lawsuits
    2. Managing the Fallout
      • Job sharing options
      • Strategies to build loyalty and long-term productivity with employees who remain after a downsizing
  • January 21, 2009

    Mental Health and the Workplace:
    A New Challenge / A Different Approach

    1. Framing the Issue
      • The Facts about Mental Illness
      • The "Invisible Disability"- Why employees don't self-identify. Why employers fail to see the signs.
    2. Accommodation
      • When does mental illness constitute a disability?
      • The employer's responsibilities.
      • When is an employer deemed to have constructive knowledge of the disability?
      • Workplace prejudice and obstacles to accommodation.
      • Is accommodation possible for subjective fears in the workplace?
    3. Managing Medical Information
      • Obtaining the "right" medical information.
      • How to deal with subjective medicals.
      • Can an employer insist on medical treatment and/or medication?
      • Independent Medical Assessments.
    4. Case Law and Comment
      • The employee's duty to participate in their own accommodation.
      • What do arbitrators have to say?
      • Where do we go from here?

2008 Seminars

  • November 19, 2008

    How to Conduct a Workplace Investigation - Without Becoming the Subject of an Investigation Yourself!

    1. Reasons to Conduct an Investigation
      • Sexual and Workplace Harassment
      • Theft
      • Breach of Fiduciary Duty
    2. Legal Obligation to Investigate
      • Unionized Workplace
      • Non-Unionized Workplace
    3. Union Involvement in the Investigation
    4. Suspending Employment During Investigation
      • With Pay
      • Without Pay
      • Restricting Communications
    5. Use of Outside Investigator
    6. Forensic Techniques to Aid Investigation
    7. Use of Surveillance Evidence
    8. Interviewing Witnesses
    9. Presenting Findings to an Employee
    10. Termination for Cause
      • Obligation to Provide Reasons
      • Making an Offer of Compensation
    11. Returning Investigated Employee to Work
  • September 9, 2008

    Overtime Pitfalls & Wrongful Dismissal Update

    1. "Going Into Overtime" - Damages and Strategies
      • Overview of The Employment Standards Act Hours of Work Provisions
      • Recent Overtime Class Action Litigation
      • How to Protect Against Overtime Claims
    2. Wrongful Dismissal Update
      • What's New in the Case Law?
      • The Evolution of Wallace Damages
  • May 29, 2008

    Ontario's New Human Rights Regime -
    What Every Employer Should Know.

    1. What is the new regime?
    2. When will it be in place?
    3. What happens to Complaints that have already been filed?
    4. How will all of this affect employers?
    5. What steps should employers consider putting into place now to prepare?
  • March 18, 2008

    Union Activity in the Workplace -
    What Every Employer Should Know

    1. Understand the process
    2. Know your rights
    3. How to react lawfully and effectively to a union campaign
    4. Avoid pitfalls that may lead to union certification
    5. Do's and Don'ts if your employees attempt to decertify their union
  • January 23, 2008

    Managing Employees On Leave -
    Without Taking Leave Of Your Senses!

    1. Authorized Leaves and Unauthorized Leaves
    2. Statutory Leaves
      • Pregnancy/Parental
      • Illness
      • Emergency
      • Workplace injuries
    3. Rights of Employees During Leave
    4. Rights of Employers During Leave
    5. Performance of Work During Leave
    6. Permissible Communications with Employees on Leave
    7. Managing Return to Work
    8. Termination of Employees on Leave
      • Rights and risks
      • Case law review
      • Automatic Termination provisions under a collective agreement

2007 Seminars

  • November 20, 2007

    Workplace Audits:
    Employment Standards - Workers' Compensation -
    Occupational Health and Safety
    Staying Ahead of the Curve

    1. Self Audits
      • Why perform a self audit?
      • Key components of an effective self-audit.
      • Now that you have the results, what do you do with them?
    2. Ministry of Labour Audits
      • Recent Ministry of Labour initiatives.
      • Is your workplace a probable target?
      • What to do when the auditor comes knocking.
      • Best practices to ensure a smooth audit process.
  • September 19, 2007

    Employer Strategies to Improve Employee Attendance and Manage Medical Information

    1. Employer Rights.
    2. Culpable v. Innocent Absenteeism: The significance of the distinction and appropriate approaches.
    3. Medical Information: When, what and how?
    4. Balancing the Employer's Need for Information Against the Employee's Expectation of Privacy.
    5. Severance Strategies.
    6. Top Ten Tips To Manage Employee Absenteeism.
  • May 15, 2007

    Whose Email Is It Anyway?

    1. Monitoring employee use of the internet, email and PDAs - what are the boundaries?
    2. Passwords and privacy.
    3. Identifying IT related misconduct.
    4. Conducting the investigation - accessing data systems used by employees.
    5. Discipline arising from IT misconduct.
    6. Preserving evidence of misconduct for litigation.
    7. Employer obligations and potential liabilities.
  • March 28, 2007

    Hiring and Firing: Do's and Don'ts

    1. Job applications and interviews: what are the restrictions?
    2. Employment offers: when and how to make them.
    3. Employment contracts: the key to protecting your business.
    4. Termination meetings: where, how and who?
    5. Just Cause vs. Without Cause terminations: pros and cons.
    6. Termination offers: tips to limit your costs.
    7. Reference letters: reduce your stress.
  • January 18, 2007

    Occupational Health And Safety In Ontario -
    What You Don't Know Can Hurt You

    1. "The duty to take every precaution reasonable" and other obligations imposed by the Act.
    2. Health and Safety Policies and Programs.
    3. Powers of Ministry of Labour Inspectors.
    4. Penalties faced by employers.
    5. Bill C-45 update.

2006 Seminars

  • November 16, 2006


    1. The ESA - to whom in your organization does it apply?
    2. Record keeping – what are your obligations?
    3. Hours of Work, Overtime, Leaves of Absence, Termination and Severance of Employment – are you in compliance?
    4. Excess Hours of Work Applications and Overtime Averaging – strategies to achieve cost savings.
    5. Complaints and Enforcement – what is the latest?
  • September 21, 2006

    Planning For The Next Pandemic:
    A Proactive Approach For Employers

    1. What is a pandemic, and what threats does it pose for employers and employees in Ontario?
    2. Update on Avian Influenza
    3. What are governments doing to prepare for an influenza pandemic?
    4. Lessons learned from the SARS outbreak in 2003, and other disruptive events
    5. What should employers be doing, as a component of business continuity planning (BCP), to prepare for a pandemic?
    6. What are employers'/employees' workplace rights and obligations in the event that a pandemic spreads to Canada?
  • May 18, 2006

    Biometrics- The New Frontier
    Employers today face unprecedented challenges reconciling security, safety and privacy issues with the overarching objective of running a business. Important issues include:

    1. The permissibility of background checks
    2. The impact that bio-screening and palm and retinal scans will have on the workplace
    3. What courts, arbitrators and Privacy Commissioners are saying about privacy rights in the context of employment screening
  • February 21, 2006

    Bill 211: Mandatory Retirement Ends - Implications and Proactive Solutions

    1. Legal implications for employers in Ontario
    2. Impact on defined benefit and defined contribution pension plans
    3. Managing the older worker: performance evaluation, termination of employment and reasonable accommodation
    4. Employment policies and practices: compensation, benefits and training
    5. Implications for company culture

2005 Seminars

  • September 15, 2005

    Recent Amendments to the Ontario Labour Relations Act:

    1. The extent to which, and under what circumstances, the Labour Relations Board will exercise its power to automatically certify a union where an unfair labour practice has been proven.
    2. The effect of card-based certification on the construction industry
  • May 19, 2005

    Sin In The Workplace

    1. Workplace Romance: Where to draw the line
    2. Workplace Bullies: The newest form of harassment
    3. Codes of Conduct: Are they the answer?
  • March 17, 2005

    How Successful Companies Remain Union-Free:

    1. The Motivated Workforce - Absolutely fundamental!
    2. Managers Who Lead and Exceed - The key!
    3. Signs of Union Organizing - Know them!
    4. Strategies for Effectively Responding to an Organizing Campaign - Use Them!
  • January 20, 2005

    Wrongful Dismissal Update

    1. Common Law Notice - Is There a Ceiling?
    2. Constructive Dismissal - Can Managers Still Manage?
    3. Wallace Damages - Is The Genie Out Of The Bottle?
    4. Contractual Notice Periods
    5. Non-Competition and Non-Solicitation Clauses
    6. Fixed Term Contracts

2004 Seminars

  • November 9, 2004

    Labour Relations Update:

    1. Recent Trade Union Strategies
    2. Applications for Certification
    3. Collective Agreement Highlights
    4. Recent Arbitration Awards
  • September 9, 2004

    Update on Recent & Critical Employment Law Developments:

    1. Amendments on Ontario's Employment Standards Act
    2. Pregnancy Leave, Release Forms - Essential Do's and Dont's
    3. Evolving Constructive Dismissal Principles
  • May 13, 2004

    Preventing and Addressing Violence in the Workplace

  • March 11, 2004

    Good Governance: Avoiding Criminal Sanctions for Health & Safety Violations

  • January 15, 2004

    Privacy Legislation: Developing Your Privacy Plan - 5 Steps to Compliance

2003 Seminars

  • November 13, 2003

    Tackling Attendance Issues: Innocent Absenteeism, Culpable Absenteeism and Disability Management

  • September 24, 2003

    Open Microphone - Answers to All Your Labour & Employment Questions

  • May 15, 2003

    Harassment in the Workplace: Practical Tools for Human Resource Professionals

  • March 6, 2003

    Responding to Crime in the Workplace

2002 Seminars

  • November 25, 2002

    Managing Medically Based Employee Absenteeism

  • September 18, 2002

    Ontario's Proposed Privacy Legislation: How Will It Affect Your Workplace?

  • May 15, 2002

    Reducing Turnover, Retaining Talent

    1. Current and future trends in turnover
    2. Costs associated with turnover
    3. Strategies for developing and retaining key leaders
    4. Coaching your workforce
    5. Corporate Reputation: Becoming The Employer Of Choice
  • March 5, 2002

    Recent Developments in Employment Law

    1. Updates on the Courts' treatment of Wallace
    2. The deductibility of disability benefits from wrongful dismissal damages.
    3. Termination for dishonesty
    4. How employers should be addressing these issues in the employment contract.