Workshop Archive: 2021

Half-Day Intensive Virtual Workshop

In Ontario and many other Canadian jurisdictions, an employer is required by law to conduct an investigation in response to an allegation of workplace harassment.  A well planned and executed investigation will help management make sound and defensible decisions and minimize any liability that may arise.

In this workshop, you will acquire the knowledge and tools needed to conduct an effective workplace harassment investigation.  Using interactive learning and real life-scenarios, topics include:

                  What type of complaint or misconduct must be investigated?

                  How to conduct an interview.

                  The impact of COVID-19 on the investigation process.

                  Dealing with tricky investigation situations.

                  How to reach defensible findings of fact.

                  What is (and is not) harassment?

                  How to write a complete, well-organized and effective harassment report.

Half-Day Intensive Virtual Workshop

As Canadian employers implement vaccination and return to work policies, many face new and challenging requests for accommodation based on disability, religious and family status grounds.  In these unprecedented times, understanding when the duty to accommodate is triggered and how far it extends can be challenging for an employer.

This practical, half-day workshop provides participants with the knowledge and tools to assess and respond to a request for COVID-19 related accommodation in the workplace.

Using interactive learning and real life-scenarios, topics include:

1. The Duty to Accommodate: An Overview

• When is the duty to accommodate triggered?
• Factors that establish undue hardship.
• The employee’s role in the accommodation process.

2. COVID-19 Vaccination and Accommodation

• What is the threshold to establish a medical or religious exemption to vaccination?
• Strategies to respond to a request for medical or religious exemption to vaccination.
• Undue hardship in the context of COVID-19 vaccination.

3. Work-From-Home Accommodation

• When is an employee entitled to a work-from-home arrangement as a means of accommodation?
• Strategies to respond to and address requests for work-from-home arrangements.

Half-Day Intensive Virtual Workshop

With a two dose summer within reach for most adult Canadians, many employers have begun to plan for “return to work”. The good news is no two workplaces are exactly alike and there is considerable flexibility in how a workplace decides to proceed. On the other hand, it is important to be aware of the legal, practical and financial parameters that may shape the decisions made.

Using interactive learning and real-life scenarios, this half-day workshop examines the following topics:

1. COVID-19 Vaccination
   • Mandating vaccination as a condition of employment.
     
   • Who wants to know? Disclosing vaccination status to other employees or members of the public.
   • Vaccination incentive programs.
   • Vaccination policies.
2. Leave and Accommodation
   • Family status: what to consider when in-person learning resumes.
   • Return to work considerations for employees currently on leave.
   • Accommodation of mental conditions related to, or exacerbated by, the pandemic.
3. Work-Reintegration
   • The employment agreement and workplace policies: considerations for a flexible work arrangement.
   • Health and safety.
   • Employee conflict related to personal opinions on COVID-19-related issues.

What is the impact of a collective agreement on management’s ability to organize the workplace?

How can workplace leaders effectively manage and discipline employees in a unionized environment?

Applying interactive learning and real life-scenarios, this half-day workshop examines these topics:

1. The Collective Agreement
   • What falls within management rights?
   • The impact of key provisions on management’s ability to organize work (job postings, layoff, seniority, probation, ).
   • Understanding the grievance and arbitration process.
2. Effective Management of Unionized Employees
   • Dealing with union stewards and representatives.
   • Effective performance management.
   • Motivating and communicating with unionized employees.
3. Discipline and Discharge

• • What do arbitrators consider in upholding discipline?
  • The impact of workplace policies and procedures.
  • Best (and worst) practices for discipline and discharge in a unionized environment

Half-Day Intensive Virtual Workshop

Workplace absenteeism creates some of the most challenging issues faced by employers.  For example, when is absenteeism culpable, human rights considerations, how to obtain meaningful medical information, how to design and implement a defensible attendance management program, and at what point is there “cause” to terminate?

Using interactive learning and real-life scenarios, this half-day workshop examines the following topics:

1. Managing Workplace Absenteeism

• Human rights and privacy considerations.
• How to obtain meaningful medical information.

2. Attendance Management Programs

• Understand the difference between culpable and non-culpable absence.
• How to establish effective and defensible absenteeism thresholds.
• Tips and traps when implementing an attendance management program.

3. Discipline and Discharge for Attendance-Related Reasons

• When and how to use discipline to manage absenteeism.
• When will absenteeism constitute “cause” for termination.
• When to terminate for frustration of contract and innocent absenteeism.

Half-Day Intensive Virtual Workshop

Every employment relationship comes to an end.  Although termination of employment can trigger potential liability for an employer, liability can often be minimized or eliminated with planning and sound decision-making.

This practical, half-day workshop provides participants with the knowledge and tools to handle some of the trickiest situations that can arise when terminating an employee.  Using interactive learning and real life-scenarios, topics include:

• Just Cause: What constitutes “just cause” for termination? When will a violation of COVID-19 health and safety requirements constitute cause?

• Statutory Leaves: Can an employee on a statutory leave ever be terminated? What special considerations apply?

• Disability Leaves: When does a long-term disability leave end the employment relationship?  What is an employee on disability leave owed if the employment relationship ends? 

• “Bad Faith: When will an employer be liable for damages for the manner of termination? What can an employer do to reduce this risk? 

• Impact of COVID-19 on Termination Entitlements: Can a long-term reduction in hours or pay, trigger a termination of employment? Could an employee be entitled to a longer notice period because of the economic impact of COVID-19?