HReview Breakfast Seminar Archive: 2020

Leading a workplace during a global pandemic is difficult enough. Toss in the challenges of managing performance and productivity remotely, COVID fatigue, and a tsunami of misinformation circulating through social media, and it’s easy to throw your hands in the air.  But don’t.  Instead, join us as we discuss the following topics:

1. Privacy, Productivity and Work-from-Home

• • Can an employer use surveillance or other monitoring to manage remote work and related productivity?
  • Key components and considerations for a remote work policy.
  • Can an employer discipline an employee for low productivity or non-compliance with an employer policy, when the employee works from home? 

2. Refusal to Wear Personal Protective Equipment

• • An employee refuses to wear PPE:

1. 1. 1. Can an employer require medical documentation to support the employee’s refusal?
      2. If the reason is medical, must the employee be allowed to work in the workplace without the PPE?

3. Freedom of Expression and COVID-19
   • Can an employee be disciplined or terminated for:
     1. Engaging in behaviour outside of work that increases the risk they may contract COVID-19?
     2. Expressing “unpopular” or “dangerous” views about COVID-19 outside or inside of work (e.g., about masks or vaccination)?

The COVID-19 pandemic brought unexpected change and upheaval to workplaces across the country and around the world.  Join us as we discuss the most significant changes from 2020, including those likely to continue to impact employers, and pressing issues that may come down the pipe in 2021.  Topics include:

1. Termination and Closure

• Does a requirement to permanently work-from-home or return to the office constitute a constructive dismissal?
• Can an Ontario employer terminate an employee on Infectious Disease Emergency Leave?
• What is a “mass termination” and how does it impact an employer’s obligation to its employees?
• Recent case law on the enforceability of employment agreements.

2. A Return to “Normal”

• Managing a request for accommodation related to mental health and COVID-19 fears.
• Can an employer require an employee to be vaccinated from COVID-19?
• For how long can an employer remain on Infectious Disease Emergency Leave either due to the employee’s own health status or need to provide “care and support” to a family member?

Workplace accommodation can be a challenge for even the most seasoned HR professional. Join us as we discuss recent human rights decisions and how they might impact your workplace. Topics include:

1. Disability Accommodation
   1. Must an employer accommodate an employee’s commute-related restrictions?
   2. Is an employee entitled to the employee’s preferred accommodation?
   3. What, if any, accommodation is required when an employee claims return to work during COVID-19 causes anxiety and discomfort?
2. Family Status Discrimination
   1. Must an employer accommodate an employee’s child care preferences?
   2. Does COVID-19 impact the decision-making?
   3. Does an employer “set a precedent” by agreeing to a flexible start time?
3. Drugs and Alcohol in the Workplace
   1. Can an employee be dismissed for failing to participate in a drug or alcohol test?
   2. Recent case law on accommodation of a substance use disorder.

When the first “phase” of the COVID-19 pandemic comes to an end, employers may face new and different challenges. Topics include:

1. Recall and Rehire

• Selective recall: is this an opportunity to ‘shed’ unproductive employees?
• Appropriate use of employment contracts when hiring new employees.

2. Managing Illness and Absenteeism

• When an employee does not want to return due to fear of COVID-19.
• When an employee still has childcare-related responsibilities due to COVID-19 restrictions.
• Screening and clearance considerations when returning a COVID-19 positive employee.

3. Vacation Scheduling

• Can an employee be required to take vacation during a shutdown (or slowdown)?
• Can an employee be asked to “forfeit” vacation when work resumes?

4. Incentive Compensation – Risks and Benefits
5. Coordinating Government Benefits/Programs

As every HR professional will attest, employment and labour law is changing at a rapid pace. Compound that with a wide range of annual (and sometimes more frequent) employment-related administrative requirements, and the world of an HR professional can be overwhelming.

The good news is we can help by working with you to design a range of compliance audits and checklists to keep you on track and on top of the law.  Join us as we break down our
Annual Labour and Employment Check-Up for Employers:

1. Employment Standards

• What employment standards-related agreements must be in writing?
• What records must be maintained?
• Which requirements are best suited for an annual audit?

2. Human Rights & Accessibility

• When are policies and training required? When are they recommended?
• What and when are the filing obligations under the Accessibility for Ontarians with Disabilities Act? 

3. Workplace Safety & Insurance and Occupational Health & Safety

• What are the record keeping, posting and reporting obligations?
• What policies, programs and training must be reviewed annually?
• What are the inspection and risk assessment obligations?
• Which requirements are best suited for an annual audit? 

4. Employment Agreements

• Which provisions of an employment agreement should be reviewed annually?
• How to implement a new and updated employment agreement with an existing employee.