EMPLOYMENT LAW: TERMINATIONS, HYBRID POLICIES, AND WORKERS’ RIGHTS

April 25, 2023 | Online

#CLEmploymentLaw

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    4 hrs 40 mins

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    6 hrs

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    4 hours 50 mins

This Masterclass has been approved for 4 hours and 35 minutes of Professionalism Content by the Law Society of Ontario

ABOUT


The Canadian Lawyer’s Employment Law Masterclass is designed to provide busy legal professionals with a comprehensive overview of workforce obligations in the ever-shifting employment landscape. This comprehensive program, featuring a line-up of top firms and lawyers, will bring together employers, labour and employment lawyers, and in-house counsel for an update on all things employment law, from evolving workplace responsibilities, to the legal implications of today’s reimagined workplace, and provide practical solutions to your biggest employment challenges.

Why attend?

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    Engage with top legal experts and in-house counsel – share insights, explore new ideas, and tackle workforce challenges

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    Discuss key legal considerations in terminations and best practices for ensuring the enforcement of severance provisions

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    Examine legal considerations for implementing a hybrid workplace model and the issues surrounding multi-jurisdictional, temporary and part-time workers 

2023 SPEAKERS


Paul Larsh
Paul Larsh

Business Development Manager
LEAP Legal Software

Matthew L.O. Certosimo
Matthew L.O. Certosimo

Partner
Borden Ladner Gervais LLP

Veronica Kenny
Veronica Kenny

Senior Counsel – Canada
PetSmart

David A. Whitten
David A. Whitten

Partner
Whitten & Lublin

Sarah Crossley
Sarah Crossley

Partner
Filion Wakely Thorup Angeletti LLP

Nancy Shapiro
Nancy Shapiro

Partner
Koskie Minsky

Lorenzo Lisi
Lorenzo Lisi

Partner
Aird & Berlis LLP

Alison M. Adam
Alison M. Adam

Partner
McLennan Ross

Daniel Chodos
Daniel Chodos

Partner
Whitten & Lublin

Lisa Goodfellow
Lisa Goodfellow

Partner, Leader, Labour & Employment
Miller Thomson LLP

Madeleine Loewenberg
Madeleine Loewenberg

Co-Founder
Loewenberg Psarris Workplace Law LLP

Andrea York
Andrea York

Partner
Blake, Cassels & Graydon LLP

2023 AGENDA


All times in ET
  • Registration and virtual orientation
  • Opening remarks
  • Welcome address from Event Partner
    Paul Larsh
    Paul Larsh

    Business Development Manager
    LEAP Legal Software

  • PANEL: Meeting the legal obligations associated with a hybrid/remote working arrangement and a multi-jurisdictional workforce

    The expanded use of remote and hybrid working environments has now become the “new normal” for many employers. The quick adoption of these practices during the pandemic was often done without full consideration of all the potential legal issues, obligations, and liabilities, including the complexities of maintaining a multi-jurisdictional workforce. This session will highlight key issues and best practices for meeting all legal obligations associated with a hybrid working arrangement.  

    • Emerging liability risks: best practices for employers to mitigate risks around remote work 
    • Understanding the legal implications of multi-jurisdictional worker: tax implications, immigration issues, overlapping provincial employment standards, and choice of laws 
    • Guidance for developing your ‘right to disconnect’ policy and framework 
    • Establishing employer’s rights to adjust hybrid work practices to meet an organization’s evolving needs 
    • Key considerations when developing effective work from home policies 
    • Constructive dismissal issues for failure to return to the workplace  
    Matthew L.O. Certosimo
    Matthew L.O. Certosimo

    Partner
    Borden Ladner Gervais LLP

    Lisa Goodfellow
    Lisa Goodfellow

    Partner, Leader, Labour & Employment
    Miller Thomson LLP

    Lorenzo Lisi
    Lorenzo Lisi

    Partner
    Aird & Berlis LLP

  • Legal considerations in terminations: enforcement of severance provisions

    As the economy moves towards an impending recession, the review of termination clauses, policies, and practices should be given heightened attention. 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. Therefore, it is it’s essential to be well versed in the latest practices to better protect employers during the termination process. This session will examine recent cases and trends in terminations. 

    • Best practices for managing the termination process: role of performance reviews and disciplinary actions 
    • Impact of the Waksdale decision on enforceability of severance provisions: ensuring severance provisions are compliant with minimum standards of ESA 
    • What qualifies as constructive dismissal in the workplace? 
    • Tips for drafting enforceable termination clauses: most common pitfalls employers face  
    • Terminations during a recession: do recessionary circumstances affect the amount of severance an employee is owed? 
    • After-acquired cause: can evidence uncovered post-termination be used to formulate new grounds of just cause? 
    David A. Whitten
    David A. Whitten

    Partner
    Whitten & Lublin

  • Privacy, employee monitoring, and surveillance technology issues

    Technology has not only allowed for the dramatic increase in employees working remotely, but it has also offered employers new ways to track, monitor, and analyze workers through the use of new forms of digital surveillance – giving rise to new privacy concerns for employees. This session will examine employer and employee rights and obligations under current privacy laws and regulations. 

    • Developments in the law regarding how employers collect, use, and disclose employee data: overview of privacy law as it applies to the employment relationship 
    • Best practices for developing, implementing, and applying a compliant electronic monitoring policy  
    • Legal ramifications of increased use of employee monitoring software in remote workplaces 
    • Limits on accessing employees’ social media during the lifecycle of the employment relationship: legally managing employee use of social media 
    • Key considerations for developing a social media policy:  for employee use of social media 
    Andrea York
    Andrea York

    Partner
    Blake, Cassels & Graydon LLP

  • Networking & lunch break 
  • Addressing new developments in accommodation

    The duty to accommodate continues to evolve and increase in complexity. For example, how does an employer balance the accommodation of an employee’s use of cannabis for medical purposes with the duty to provide a safe workplace. With recent decisions by courts and tribunals illustrating significant liabilities for employers, it is critical that employers are well informed on the evolving issues and up to date on their legal obligations. This session will explore the current legal landscape and how employers can best protect themselves. 

    • Employers’ legal duties with respect to human rights and mental health accommodation 
    • Complex accommodation requests, such as medical cannabis use in the workplace: policies that need to be implemented and the limits of accommodation 
    • Developments in the limits to accommodation: Undue hardship and a bona fide occupational requirement 
    • Scope of documentation that employers can request
    • Emerging challenges and duties of accommodation in a hybrid work environment: accommodating alternative working arrangements and family status 
    Alison M. Adam
    Alison M. Adam

    Partner
    McLennan Ross

  • Enforceability of restrictive covenants and the use of injunctions post-employment

    Employers often use restrictive covenants in employment agreements to protect their business from potential harm from former employees. However, attempting to restrict a former employee from competing with your business is becoming an increasingly difficult task. This session will examine these difficulties in wake of recent legislation and the Waksdale decision, the effectiveness of injunctions, and provide recommendations for ensuring that employment contracts adequately protect an employer’s business and its intellectual property.  

    • Prohibition of non-compete clauses under recent legislation 
    • Best practices ensuring employment contracts adequately protect employers and their intellectual property 
    • Impact of the Waksdale decision on restrictive covenants 
    • The use and limitations of using injunctions against former employees 
    • Overview of the future of restrictive covenants in Canada: how amendments to the Canadian Competition Act coming into force in June 2023 will affect the enforceability of restrictive covenants 
    Veronica Kenny
    Veronica Kenny

    Senior Counsel – Canada
    PetSmart

    Daniel Chodos
    Daniel Chodos

    Partner
    Whitten & Lublin

  • Networking & afternoon break
  • Emerging issues in workplace health and safety law: a focus on mental health

    Evolving occupational health and safety law continues to present ever-increasing risks and complexities. The growing acknowledgement that mental health is just as critical as physical health has made it a key component of employer OHS obligations. This session will explore the challenges of ensuring a safe, healthy, and legally compliant work environment and provide practical strategies for managing the law surrounding mental health issues in the workplace. 

    • Significant legislative and case law update  
    • Conducting a meaningful review of corporate health and safety policies and programs: 
    • Requirement for ensuring psychological health and safety: duties and obligations  
    • Duty to report mental health related issues with respect to WSIB  
    • Ensuring health and safety compliance in hybrid work settings: health and safety issues for remote workers 
    • Harassment and violence policies and their intersection with OHS laws 
    Madeleine Loewenberg
    Madeleine Loewenberg

    Co-Founder
    Loewenberg Psarris Workplace Law LLP

  • Effective strategies for conducting workplace investigations: Best practices for responding to incident reporting

    Despite increased attention to anti-social behaviour in the workplace, such as claims of harassment, bullying, or racism, these types of complaints continue to abound. Employers need to ensure that their policies and protocols are up to date, and they are ready to act quickly when these issues arise. This session will examine best practices for how employers should respond to incident reporting, as well as their post incident response, providing practical insights into the skills necessary to perform effective investigations. 

    • Developments in law and emerging trends related to responding to workplace complaints 
    • Best practices for handling allegations of workplace misconduct: practical tips for avoiding common procedural errors in conducting effective investigations 
    • Understanding how to identify and manage cases of virtual harassment 
    • Ensuring procedural fairness in investigations: best practices for conducting investigations in an unbiased and compliant manner 
    • Key challenges for conducting remote investigations 
    • Recognizing and addressing the types of behaviour that can constitute more subtle forms of harassment 
    Sarah Crossley
    Sarah Crossley

    Partner
    Filion Wakely Thorup Angeletti LLP

  • Emerging legal issues in the gig economy

    As the modern workplace continues to evolve, non-standard work arrangements have exploded into the mainstream. Recent studies even show that 13% of Canadians are part of the gig economy. Employers are beginning to rely more heavily on temporary and part-time positions filled by independent contractors and freelancers, rather than full-time permanent employees. While gig workers maintain increased flexibility and independence, they have little or no job security. This session will explore the impact of moving to a gig economy, the potential legal and associated risks related to hiring independent contractors, and a look at best practices for employing them. 

    • Key factors in determining whether someone is an independent contractor, a dependent contractor, or an employee 
    • Business risks that can arise from misclassifying a worker 
    • How the classification of a worker impacts the employment relationship from the hiring to firing stage 
    • Are gig workers entitled to employment standards protections? 
    • Leading jurisprudence addressing the “gig workers” 
    • Legislative developments: Governments of Canada, Ontario, & BC 
    Nancy Shapiro
    Nancy Shapiro

    Partner
    Koskie Minsky

  • Closing remarks

2023 SPONSOR


  • eventpartner

    LEAP

VIRTUAL PLATFORM


What makes this virtual event so innovative?

Using cutting-edge technology to provide a cloud-based virtual forum, this innovative event allows attendees all over the country to connect by signing in from their office, home, mobile phone, tablet or computer.

This virtual destination is the perfect platform for bringing the industry together. Step into the virtual expo to visit booths, arrange one-to-one chats, gain or distribute brand awareness and leverage new connections in a timely and exciting way.

Much like an in-person conference, a virtual conference is an online event that brings together top industry experts and industry peers on a single day. It also enables you to:

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  • Access sessions after the event, On-demand

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  • Gain critical industry insights

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Registration for Employment Law Masterclass in now open

Get the latest on workplace legal obligations, from the most recent legislative changes to the strategies you can use with your clients today, all in one place.

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