AGENDA

All times in ET

• 9:45 AM

  Registration and virtual orientation

• 10:00 AM

  Opening Remarks

• 10:05 AM

  Welcome address

• 10:10 AM

  PANEL: Best practices for mitigating the risk of constructive dismissal and without cause termination cases

  Employers have seen an increased risk of successful wrongful termination claims while facing a host of new termination legal issues. Constructive dismissals claims can be a lengthy and difficult process for employers and can often drag on for extended periods. As well, dismissing employees without cause can be a potential legal minefield and reflect poorly upon you as an employer. This discussion will look at steps employers can take to minimize the risks associated with terminating employees and constructive dismissals.

  • Overview of recent constructive dismissal cases: determining when an employee can make a claim for wrongful dismissal
  • Determining what is reasonable notice and who is entitled to receive it
  • How changes to an employee’s duties and responsibilities can lead to a constructive dismissal: changes an employer can make to an employee’s terms and conditions of employment
  • How workplace environment can create a risk of constructive dismissal
  • Constructive dismissal allegations in the realm of harassment
  • Establishing reasons for dismissal: Proving just cause, defining gross misconduct, demonstrating progressive discipline

  Moderator

  

  Nancy Shapiro

  Partner
  Koskie Minsky LLP

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  Nancy Shapiro

  Partner
  Koskie Minsky LLP

  Nancy Shapiro’s practice is devoted exclusively to the area of employment law.

  Nancy has been recognized by Best Lawyers™ as the 2023 “Lawyer of the Year” for Labour and Employment Law in addition to other distinguished professional rankings including The Best Lawyers in Canada and Chambers Canada, which she has held since 2022. In 2022 Nancy received the Canadian HR Reporter 5 – Star employment ranking. Nancy was also ranked for three straight years as one of the top 500 lawyers in Canada by the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and has been recognized in the Canadian Legal Lexpert Directory as a leading practitioner in the area of employment law (both for employer and employee side work), since 2017.

  Nancy represents non-unionized employers and employees in a wide variety of sectors. Nancy is thoroughly versed in issues surrounding all aspects of the employment relationship from hiring, discipline, disability management, performance management and human rights through to termination. She is frequently engaged on the preparation and negotiation of employment contracts, manuals and policies, legislative compliance, restructuring, workplace investigations as well as litigation and appellant work. Nancy focuses on working with her clients in an effort to proactively minimize risks and cost while being a zealous advocate.

  As a member of the firm’s litigation department, Nancy also acts on cases of wrongful dismissal, breach of contract, discrimination, constructive dismissal, director and officer liability and errors and omissions issues and partnership/shareholder disputes in the employment context. Nancy is also a frequent speaker at industry conferences and author of many employment related articles.

  Nancy is also a member of the Firm’s Executive Committee.

  

  Rich Appiah

  Founder
  Appiah Law

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  Rich Appiah

  Founder
  Appiah Law

  Rich Appiah is principal of Appiah Law | Employment + Labour Counsel.

  Rich provides expert strategic counsel and legal representation in the area of human resources law to small and enterprise-scale businesses, as well as to managers and senior executives. He formed Appiah Law after practicing for over a decade with some of the best employment and labour lawyers in Canada. An accomplished advisor and advocate, he has the expertise to help you navigate the challenges that affect your work-life.

  Rich draws on his experiences to provide exceptional, cost-effective, and results-oriented service to every client. Called to the Bar of Ontario in 2006, he has appeared as counsel before the Ontario and Superior Courts of Justice and the Ontario Labour Relations Board. He has also represented clients in proceedings before boards of arbitration, the provincial and federal Human Rights Tribunals, the Ontario Ministry of Labour (Employment Standards Branch), and the Canadian Industrial Relations Board.

  Rich has published extensively in the area of employment law and is a frequent speaker at conferences for human resources and legal professionals. In 2016, Rich was recognized as a “Lawyer to Watch” by Lexpert Magazine, and since 2017 he has served as an elected member of the Ontario Bar Association’s Employment and Labour Section Executive. He was named a “Leading Practitioner in Employment Law” in the 2019 and 2020 Canadian Legal Lexpert Directory. He has additionally been invited by the media, including the CBC, to comment on pressing legal developments.

  Rich completed his Honours Bachelor of Arts degree at the University of Guelph in 2002 with the prize in Political Science and the Brian D. Sullivan Award for student leadership. In 2005, he graduated from Osgoode Hall Law School, where he was a division leader of the school’s legal clinic and president of the school’s student union.

  Rich loves practicing law – but when he’s taking a break, you’ll find him playing the piano, travelling, catching up on Star Trek and keeping fit.

  Panelists

  

  Lorenzo Lisi

  Partner
  Aird & Berlis LLP

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  Lorenzo Lisi

  Partner
  Aird & Berlis LLP

  Lorenzo is Leader of the firm’s Workplace Law Group. He has practised exclusively in the area of labour and employment law for over 30 years, representing employers on all areas touching labour and employment law, both provincially and federally.

  Lorenzo has developed a practical, business-oriented approach and has built a long list of loyal clients who depend on him for direct solutions, risk analysis and strategic advice. Cognizant of the time pressures and deadlines most employers experience in today’s workplace, he combines focused, calm and proactive advice with exceptional client service, while remaining approachable to all levels of the organization.

  His expertise spans the broad spectrum of workplace law, whether it be defending employers against employee claims (wrongful and constructive dismissal, human rights, harassment) or dealing with a unionized workplace. He has extensive experience in grievance and labour board litigation, injunctive proceedings, responding to union organizing and applications for certification, collective bargaining and grievance arbitration. Lorenzo also advises his management clients on acquisitions, divestitures and restructurings, enforceability of restrictive covenants and the application of various labour and employment statutes.

  Lorenzo writes and speaks extensively. He is the originator of the Aird & Berlis Workplace Law webinar series which provides one hour webinars on current and topical labour and employment issues, and which offers practical advice and tips for employers in navigating the complex laws and rules of the workplace. He also has developed and presents management training seminars on a wide variety of topics, including human rights, union organizing defence strategies, strikes and lock outs, employment policies and procedures and risk management.

  Lorenzo has served on the Board of Directors of the Canadian Association of Counsel to Employers as well as a member of the Government Affairs Committee of the Human Resources Professionals Association of Ontario.

  

  David A. Whitten

  Founding Partner
  Whitten & Lublin PC

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  David A. Whitten

  Founding Partner
  Whitten & Lublin PC

  A nationally recognized and highly sought-after employment lawyer, David focuses on the strategic, efficient, and effective resolution of workplace issues and challenges for both employers and employees.

  He believes that the most productive and successful work environments are those in which both employer and employee are treated with respect. This abiding belief in fairness makes him a compelling advocate in negotiations and in court, rendering David an opponent to be reckoned with.

  David specializes in assisting clients with constructive dismissals and terminations for cause. His unique approach leverages his national reputation, legal knowledge, and strength as an efficacious litigator. David has assisted his clients recover millions of dollars in severance with brisk turnaround timing. As a result, he has acquired the reputation of being preeminent when it comes to constructive dismissal matters.

  David also provides knowledgeable counsel on a broad range of workplace issues including severance packages, human rights matters, non-competition and non-solicitation clauses and incentive plans. While his expertise on issues that are specific to the C-Suite is extensive, he provides advice to employees at all levels using his tailored approach.

  David’s shrewd expertise is evident in his proven ability for anticipating and addressing commonly unforeseen downside issues when negotiating employment contracts for his executive clients. He has earned a reputation for defending business leaders embroiled in conflicts with their Board of Directors or other executives, who are faced with leadership issues, or performance-related criticism from shareholders.

  Most importantly, David’s compassionate yet dynamic approach puts his clients first and his expertise generates unparalleled results.

• 11:00 AM

  Employee Monitoring: Employees’ Rights and Employers’ Obligations

  Hybrid and remote working arrangements, the ever-increasing availability of monitoring technologies and tools, and employers’ interest in protecting their confidential information and assets are just a few of the factors leading to increased instances of employee monitoring in Canadian workplaces. This session will examine how employee monitoring is regulated across Canada, summarize recent case law and regulatory guidance related to employee monitoring, and provide practical tips for how employers may balance employee privacy concerns with their privacy and data protection obligations and business goals.

  

  Kristen Pennington

  Partner
  McMillan LLP

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  Kristen Pennington

  Partner
  McMillan LLP

  Kristen Pennington maintains a dynamic practice in privacy, data protection and employment law. She assists emerging and established companies across a range of industries, including manufacturing and technology, and provides insights into Canada’s distinct laws in these disciplines to support businesses entering or investing in the Canadian market.

  As a Certified Information Privacy Professional / Canada (IAPP), Kristen counsels clients on a wide variety of privacy and data security issues, including cross-border transfers of personal information, preventing and responding to data breaches, and evaluating the privacy law implications of new products, services, technologies and initiatives. She helps clients develop robust privacy compliance programs, including policies governing employees’ handling of personal information, data subject rights requests and vendor management, and frequently drafts privacy policies, cookie banners, consent forms, acceptable use policies and privacy and data protection terms in an array of commercial agreements.

  Working with employers, Kristen advises on employee privacy issues, including conducting background checks, developing employee privacy policies, collecting employees’ personal information during a pandemic, and selecting and engaging payroll and other service providers who handle employees’ personal information.

  Experienced in all areas of employment law, Kristen advises employers on hiring and dismissals, employment contracts, performance management and discipline, employment policies, and compliance with employment standards and human rights laws.

  An experienced litigator, Kristen has appeared before the Ontario Superior Court, the Ontario Court of Appeal, the Ontario Human Rights Tribunal, the Ontario Labour Relations Board, and the Canadian Railway Office of Arbitration and Dispute Resolution, as well as at various mediations. She regularly assists employers with negotiating timely and practical resolutions to wrongful dismissal, constructive dismissal, discrimination, contractor mischaracterization and other employment-related allegations.

  An area of particular expertise for Kristen is assisting employers in developing and implementing effective discrimination, violence and harassment policies and programs, and managing workplace complaints. She also provides training on workplace investigations, employee accommodation and management of conflict in the workplace.

  Kristen has assisted vendors and purchasers with assessing the employment and privacy law implications of corporate transactions. She also regularly collaborates with international counsel to advise on the Canadian privacy and/or employment law considerations of multijurisdictional projects.

• 11:35 AM

  Legal implications of AI in workplace

  It is critical that organizations stay ahead of the potential legal implications resulting from the rapid development of AI and its applications in the workplace. Responsible and effective integration of AI systems into the workplace can be greatly enhanced through the development of effective AI policy. This session will explore the legal implications of the growing use of AI and provide best practices for avoiding potential liabilities

  • Impact of AI on employers and employees: overview of the benefits of AI in HR
  • Overview of the rapidly evolving legal and regulatory landscape surrounding AI
  • Best practices for drafting effective AI policies that provide for ethical AI use, ensuring fairness, transparency, privacy, and accountability to mitigate legal risks
  • Ethical and legal issues surrounding the use of AI: Potential legal risks in using AI tools for HR management decisions
  • Risks regarding the protection of personal information associated with the use of AI: Privacy, data and human rights concerns
  • Addressing the built-in consideration of biases when implementing new AI systems
  • AI’s role in the hiring and recruitment process: Legal risks associated with automated hiring tools
  • Strategies for effective collaboration between counsel, executive teams, and tech departments in developing and implementing AI initiatives

  Moderator

  

  Laura Blumenfeld

  Partner
  Blake, Cassels & Graydon LLP

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  Laura Blumenfeld

  Partner
  Blake, Cassels & Graydon LLP

  Laura specializes in employment and labour law, providing practical and timely advice to clients on workplace issues. She is a trusted advisor, dedicated to using her knowledge and expertise to achieve client objectives.

  A large part of Laura’s practice involves advising on employment and labour aspects of corporate transactions, including the drafting and negotiation of purchase agreements and related executive employment, retention, transaction bonus, non-competition and non-solicitation agreements. She also advises on post-closing employee integration matters.

  Laura regularly represents and advocates for employers in employment and labour related litigation, arbitration and mediation, including wrongful dismissal actions and human rights applications.

  Laura stays up-to-date on rapidly evolving employment laws. She has extensive experience providing clients with day-to-day compliance advice and strategic guidance on employment and labour matters, including workplace harassment, accommodation requests, health and safety and workplace disputes. She also frequently assists clients with the negotiation and drafting of employment, consulting and termination agreements.

  Laura is a sought-after speaker and frequently writes on employment law issues. She also serves as a member-at-large on the Ontario Bar Association Labour & Employment Section Executive.

  Panelists

  

  Keri Bennett

  Counsel to the ‎Employment and Data Protection
  Privacy and Cybersecurity Groups, DLA Piper (Canada) LLP

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  Keri Bennett

  Counsel to the ‎Employment and Data Protection
  Privacy and Cybersecurity Groups, DLA Piper (Canada) LLP

  Keri Bennett provides strategic advice and representation to public and private sector clients in all areas of privacy, data protection, access to information and workplace law matters.

  Keri builds strong relationships with her clients and works collaboratively with them to find practical solutions to their legal issues. She advises on development of privacy programs and procedures, privacy impact assessments, information sharing agreements, consent requirements, and data mapping exercises. She advises on cybersecurity preparedness, incident response and statutory breach notification obligations. Keri also advises on policies and procedures for AI implementation and governance, as well as related compliance and litigation risks.

  Keri assists clients in compliance with access to information obligations while managing litigation risks. She regularly represents clients in investigations, complaints, inquiries and other matters before federal and provincial information and privacy commissioners.

  Keri also advises employers on all stages of the employment relationship. She drafts employment agreements and effective workplace policies, advises on workplace accommodations, bullying and harassment, employee monitoring, social media, discipline and terminations.

  Keri is certified by the Information and Privacy Professionals Association (IAPP/C), past Chair of the CBA Freedom of Information and Privacy Law Section (BC Branch) and is an executive member of the Canadian Association of Counsel for Employers privacy committee. Keri regularly speaks and writes on privacy law issues and is recognized in the Canadian Legal Lexpert Directory for Data Protection and Privacy and in the Technology & Health Sciences special edition, as well as Best Lawyers in Canada.

  

  Matt Chapman

  Partner
  Spring Law

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  Matt Chapman

  Partner
  Spring Law

  Matt Chapman’s practice encompasses all aspects of employment and human rights law. A substantial amount of his time is spent representing both employers and employees as they proceed through the termination process, including when things get complicated and require litigation. Matt comes from a commercial litigation background and has successfully represented clients at all levels of court in Ontario, including at the Court of Appeal for Ontario and the Supreme Court of Canada.

  For employees:

  Matt understands just how significant a life event a termination can be for an employee. You inevitably spend much of your life at work, so part of your identity will be inextricably linked to what you do for a living. When that gets taken away from you unexpectedly, you need someone who will provide you with sound advice and advocate resolutely on your behalf. That’s Matt. He relishes digging into a termination file and will do everything he can to guide you through this difficult time, while protecting the entitlements you may have for your loyal service to your employer.

  Matt also regularly conducts contract reviews and has a penchant for guiding senior staff and C-Suite executives through the negotiations that come with their complex compensation offers.

  For employers:

  You might be looking at this page because Matt represented one of your employees in the past. That’s okay, Matt does plenty of employer-side work too! His experience representing employees gives him insight from which your organization can benefit. Knowing what the employee (and their counsel) may be thinking can provide an invaluable tactical advantage when faced with a wrongful dismissal claim. Ideally, you’ll never need to terminate an employee. Realistically, it is a business reality and can be necessary for any number of reasons. Bringing Matt in to help plan an exit from the outset that’s sensitive to both cost and risk can help avoid claims and get you back to focusing on what you really want to be doing: building your business.

  Employers don’t hire employees expecting it to be a failed relationship, but that doesn’t mean there aren’t steps to be taken that are considerate of that possibility. Matt can help protect your organization with strategic planning that encompasses the entire employment relationship. He regularly drafts contracts and crafts policies that cater to an organization’s unique needs. He provides practical and cost-effective advice and always does so in a manner that’s considerate of the particular realities that exist in different sectors and industries. There is no one size fits all approach, and Matt will get to know your organization to ensure his advice fits your culture and goals.

  Matt received his Bachelor of Arts from the University of Western Ontario in 2009. After a few years working with a burgeoning tech and education start-up, Matt left to attend law school in the Cayman Islands. He obtained his Bachelor of Laws (Honours) from the University of Liverpool in 2015 and was called to the Ontario Bar in 2016.

  In his time away from lawyering, Matt enjoys travelling, writing, and listening to his vinyl hip-hop collection way too loudly. He’s also a bit of a gamer and is still able to hold his own in spite of his aging twitch reflexes – strategic planning matters everywhere! There are few things that Matt loves more than a good story well told, so be sure to tell him your best one.

• 12:20 PM

  Networking & lunch break

• 12:50 PM

  Key employment contract and policies considerations: Focus on terminations

  Employers have seen an increased risk of successful wrongful termination claims while facing a host of new termination legal issues, including the questioning of the enforceability of severance provisions. To avoid higher severance payments and potential damages, employers need to draft effective employments contracts and policies to limit entitlement upon termination. This session will explore the latest legal developments pertaining to employment contracts and key policies, with a focus on recent cases and trends in terminations in order to provide best practices in refining the drafting of theses documents.

  • Recent case law and legislative developments affecting the enforceability of employment agreements and termination clauses
  • Key considerations in creating compliant policies to limit entitlement and liabilities upon termination
  • Enforceability of restrictive covenants during and after the termination of employment: non-competition, non-solicitation and confidentiality clauses
  • Strategies for negotiating and drafting employment contracts: newest and best practices for matters to include in employment contracts
  • Practical tips for contracting for remote and hybrid work: type of policies to address entitlements upon terminations and addressing jurisdictional issues
  • Defining amounts payable and not payable for incentive compensation upon termination
  • Best practices for changing terms of employment
  • Practical insights into termination agreements: type of severance provisions to include in employment agreements
  • Incentive plans best practices: necessary treatment, what language do you need in plan to limit an employee’s entitlement to bonus compensation or long term incentives

  

  Nancy Shapiro

  Partner
  Koskie Minsky LLP

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  Nancy Shapiro

  Partner
  Koskie Minsky LLP

  Nancy Shapiro’s practice is devoted exclusively to the area of employment law.

  Nancy has been recognized by Best Lawyers™ as the 2023 “Lawyer of the Year” for Labour and Employment Law in addition to other distinguished professional rankings including The Best Lawyers in Canada and Chambers Canada, which she has held since 2022. In 2022 Nancy received the Canadian HR Reporter 5 – Star employment ranking. Nancy was also ranked for three straight years as one of the top 500 lawyers in Canada by the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and has been recognized in the Canadian Legal Lexpert Directory as a leading practitioner in the area of employment law (both for employer and employee side work), since 2017.

  Nancy represents non-unionized employers and employees in a wide variety of sectors. Nancy is thoroughly versed in issues surrounding all aspects of the employment relationship from hiring, discipline, disability management, performance management and human rights through to termination. She is frequently engaged on the preparation and negotiation of employment contracts, manuals and policies, legislative compliance, restructuring, workplace investigations as well as litigation and appellant work. Nancy focuses on working with her clients in an effort to proactively minimize risks and cost while being a zealous advocate.

  As a member of the firm’s litigation department, Nancy also acts on cases of wrongful dismissal, breach of contract, discrimination, constructive dismissal, director and officer liability and errors and omissions issues and partnership/shareholder disputes in the employment context. Nancy is also a frequent speaker at industry conferences and author of many employment related articles.

  Nancy is also a member of the Firm’s Executive Committee.

• 1:25 PM

  The tort of harassment: Mitigating employers’ civil litigation risk

  Employers’ civil litigation risk is on the rise, with wrongful dismissal actions, mental distress claims and class actions based on discrimination and harassment having become more common, and the level of damages increasing significantly. A recent Alberta case became the first in Canada to recognize the tort of harassment. This decision has the potential to open the floodgates for harassment lawsuits. This session will examine the implications of a tort of harassment, the latest legal developments regarding workplace harassment, and strategies for mitigating employers’ civil litigation risk.

  • Trends that increase employers’ civil litigation risk: Emerging common law obligations
  • Best practices for updating your workplace policies, procedures, and prevention plans to mitigate risks
  • Implications of a tort of harassment for employers
  • Practical tips for drafting a stand-alone bullying policy: creating procedures for addressing complaints including cyberbullying
  • Criteria for establishing a successful claim for harassment: proactive measure employers can take to establish defences to an employee’s claim
  • Addressing the rise in employers’ vicarious liability for the conduct of their employees
  • Trends in damage rewards

  

  Rachel Turnpenney

  Partner
  Turnpenney Milne LLP

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  Rachel Turnpenney

  Partner
  Turnpenney Milne LLP

  Rachel Turnpenney is a founding partner of Turnpenney Milne LLP. Rachel’s practice focuses exclusively on employment law, with a emphasis on workplace investigations and human rights law. She strives to achieve practical, cost-effective results for her clients and believes that excellent client service coupled with a strategic, knowledgeable and reasonable approach are central to arriving at positive outcomes for her clients.

  Rachel regularly conducts workplace investigations as an external, independent investigator on topics ranging from harassment/bullying, human rights matters to general misconduct. Rachel is comfortable investigating complex matters involving multiple parties and complaints as well as those involving serious and high-profile allegations.

  Beyond the role of Investigator, Rachel is retained to conduct post-investigation services such as in-house training seminars and presentations on a variety of topics, ranging from basic harassment and discrimination training to individualized sensitivity or respect in the workplace training arising from a specific complaint or incident. She also conducts workplace audits and employee facilitations/mediations. Rachel’s goal for both audits and facilitations is to get to the root of the concern, have employees be (and feel) heard and move toward improving the health of the workplace in a pro-active and responsive manner.

  From 2003 to 2010, Rachel was an associate with Canada’s pre-eminent management-side labour and employment firm. In 2010, she formed Turnpenney Milne LLP with Catherine Milne.

  Rachel received her Bachelor of Arts (Political Science) from Wilfrid Laurier University and her LLB from the University of Western Ontario. She was called to Bar in Ontario in 2003 and the Bar in British Columbia in 2018. Rachel is a member of the Association of Workplace Investigators (“AWI”) as well as an AWI Certificate Holder (AWI-CH).

  In her spare time, Rachel has a particular passion for travel and is always striving to figure out how to have a sustainable employment law practice out of a farmhouse in Tuscany or an island in the Caribbean.

• 1:55 PM

  Networking & afternoon break

• 2:20 PM

  Impact of new CRA reporting obligations for settlement agreements and contractor agreements

  Recently expanded mandatory disclosure rules in the Income Tax Act (Canada) may require employees/contractors and employers to disclose (A) an allocation of non-taxable damages within a wrongful dismissal settlement, and/or (B) a contractor arrangement where the worker could be characterized as an employee. This session will examine these new rules and their implications for employees/contractors and employers.

  • Reporting obligations and tax treatment of general damages in a wrongful dismissal settlement
  • Reporting obligations of independent contractor arrangements where the worker could be characterized as an employee
  • Can employment lawyers have their own reporting obligation?
  • Exceptions to reporting obligations and the due diligence defence from penalties
  • Structuring possibilities to avoid reporting obligations
  • What does the CRA say?

  

  Ryan Morris

  Tax Partner, Chair
  Tax Group, WeirFoulds LLP

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  Ryan Morris

  Tax Partner, Chair
  Tax Group, WeirFoulds LLP

  Ryan Morris is a tax partner and Chair of the firm’s Tax Group. His legal practice focuses on various areas of domestic and international taxation, including advising on mergers and acquisitions, structured investment products, financings, estate plans, employment tax issues and a broad range of corporate tax matters. Ryan also represents clients with voluntary disclosures, audits and appeals, and he has been lead counsel at every level of court, including the Supreme Court of Canada.

  Ryan regularly presents on income tax topics at conferences and other venues, and has been quoted in national publications on income tax matters. Ryan is the Tax Editor of Ontario Corporate Law & Practice and is also the co-editor and a frequent contributor to the Current Cases feature of the Canadian Tax Journal, the flagship research publication of the Canadian Tax Foundation.

  In 2016, Ryan was recognized as one of Canada’s Lexpert® Rising Stars: Leading Lawyers Under 40. More recently, he was named a Corporate Lawyer to Watch in the 2017 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada.

• 2:55 PM

  Human rights Accommodation challenges in the workplace

  The changing nature of the workplace has introduced more complex accommodation challenges for organizations. For example, a recent B.C. Court of Appeal case clarified and enhanced the circumstances for family status accommodation, as well, addressing the issue of substance impairment can be a legal minefield, especially in the case of ‘legal’ impairment. This session will review recent developments and emerging issues in accommodation and provide practical strategies for employers on how to best assess and approach requests for accommodation.

  • New accommodation challenges employers are facing: Best practices for responding and meeting the duty to accommodate
  • Impact of Gibraltar Mines Ltd. v. Harvey: the legal test for family status discrimination in BC
  • Best practices for employers when receiving accommodation requests
  • Proactive steps you need to take to ensure you are properly accommodating employees’ needs to avoid future litigation
  • Assessing and accommodating claims citing the inability to go back to work: How to re-integrate employees on return from extended leaves of absence
  • Establishing best practices for dealing with legal impairment such as medical marijuana
  • Practical advice on how to prepare and implement policies on substance use and impairment
  • Legal concerns in conducting workplace alcohol and drug testing

  

  Jeff Hopkins

  Partner
  Grosman Gale Fletcher Hopkins LLP

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  Jeff Hopkins

  Partner
  Grosman Gale Fletcher Hopkins LLP

  Jeff Hopkins is a Partner with Grosman Gale Fletcher Hopkins LLP and has been named by LEXPERT as one of Canada’s leading lawyers in the area of labour and employment law, representing both employers and senior level employees. Jeff provides strategic advice and expertise in all aspects of labour, employment and human resources law, with a particular focus on wrongful dismissal litigation, including constructive dismissal and human rights.

  Jeff has provided representation and trial advocacy on complex matters before the Ontario Superior Court of Justice, Ontario Court of Appeal, Divisional Court, arbitrations, and various administrative tribunals, including the Ontario Labour Relations Board, Employment Standards and Human Rights Tribunal. In addition to wrongful dismissal litigation and human rights matters, he is also routinely retained to represent employers and departing employees on interlocutory injunctive relief motions, on the issues of restrictive covenants (confidentiality, non-disclosure, non-solicitation, non-service and non-competition, etc.) and employee fiduciary duties.

  Jeff develops and implements employment and workplace policies, counsels and advises human resource professionals, executives, managers and supervisors in workplace due diligence, positive employee relations and best practices. He also drafts and advises on executive contracts related to duties and responsibilities, compensation, benefits and other conditions of employment.

  Jeff is consistently invited to speak at various human resources and industry conferences, and is a regular author and contributor to the various labour and employment publications. Jeff also contributes to Firm’s Employment Bulletin, published by Canada Law Book.

• 3:30 PM

  Conducting effective workplace investigations: Best practices for responding to incident reporting

  Despite increased attention being paid to incidents of harassment, bullying, or racism in the workplace, complaints of this type continue to abound. Employers need to ensure that they can deliver a rapid response to incidents as the potential consequences of a flawed investigation can be devastating. This session will provide best practices for the steps involved in conducting investigations in order to ensure a thorough, impartial approach to dealing with a claim and mitigating potential liabilities.

  • Developments in law and emerging trends related to responding to workplace complaints: learning from recent cases regarding the appropriate scope of an investigation
  • Best practices for handling allegations of workplace misconduct: key steps for navigating an effective workplace investigations
  • Establishing effective policies for investigating incidents of bullying and harassment
  • Determining who should carry out investigations: deciding to keep investigation in-house or to outsource
  • Ensuring procedural fairness in investigations: best practices for conducting investigations in an unbiased and compliant manner
  • Strategies for addressing the challenges of conducting investigations in a remote work environment
  • Steps to be taken to protect privacy and whistleblowers

  

  Madeleine Loewenberg

  Co-Founder
  Loewenberg Psarris Workplace Law LLP

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  Madeleine Loewenberg

  Co-Founder
  Loewenberg Psarris Workplace Law LLP

  Madeleine has practiced exclusively as an employment and labour lawyer since her call to the Ontario bar in 2002. She regularly drafts and provides advice related to employment contracts; provides advice related to attendance management; consults in respect of termination entitlements; conducts workplace investigations; drafts workplace policies and procedures; advises on and litigates issues arising under the Ontario Human Rights Code, the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act; and conducts grievance arbitration proceedings and wrongful dismissal litigation.

  In addition, Madeleine advises on compliance and training initiatives related to the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act and the Occupational Health and Safety Act. She also conducts neutral third party workplace investigations.

  Madeleine has appeared before administrative tribunals and various levels of court, including the Superior Court of Justice, the Ontario Court of Appeal and the Federal Court of Canada.

  She lectures and leads workshops for other practitioners, employer associations and clients on a wide variety of topics related to her practice. She has contributed to (and been quoted in) a variety of publications including: Canadian Employment Law Today, the Workplace News, the Law Times, the Canadian Safety Reporter and the Mercer/CCH Guide for Employers.

  Madeleine graduated Osgoode Hall Law School in 2000.

  Madeleine has been repeatedly identified by Best Lawyers in Canada in the fields of Labour and Employment Law as well as Workers’ Compensation Law.  She has been recognized in the Canadian Legal Lexpert Directory in respect of her Occupational Health and Safety Law practice on numerous occasions.  She is also a Canadian Occupational Safety Five-Star Safety Lawyer.

• 4:00 PM

  Closing Remarks