GUIDANCE FOR EMPLOYERS IN A CHANGING LEGAL LANDSCAPE

April 28, 2022 | Online

#CLEmploymentLaw

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    30 mins

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    6 hrs

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    6 hours

This program has also been approved for by the Law Society of Saskatchewan and 5.5 hours of CPD credits by the Law Society of British Columbia

ABOUT


The Employment Law Masterclass is designed to provide busy legal professionals with a comprehensive overview of employers’ ever-evolving workforce obligations. Whether you’re looking for guidance on vaccine mandates, contract agreements or health and safety measures, this program will feature a line-up of leading employment law experts who will provide the answers to your most pressing employment law questions and concerns.  

With employment regulations in the workplace becoming increasingly complex as governments change guidelines and new case law emerges, organizations need to ensure they are aware of the latest legal insights and best practices to avoid potential pitfalls as they manage their duties and obligations.  

This masterclass will cover questions such as: How will changes in employment standards impact your workforce? What can organizations do to improve their retention efforts? How can counsel best accommodate employees in a changing landscape while ensuring they meet their company’s operational needs? 

Why attend?

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    Get answers to your most crucial legal questions as you navigate the pandemic

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    Engage with top legal experts and your colleagues to share insights and ideas for tackling workforce challenges

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    Get the latest updates on vaccine mandates, workplace accommodation, employment standards, health and safety guidelines, litigation trends and more

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    Discuss workplace mental health and the importance of building a culture of wellness in today’s stressful times

2022 SPEAKERS


Nafisah Chowdhury
Nafisah Chowdhury

Partner
Miller Thomson LLP

Mathias Link
Mathias Link

Partner
Fasken

Bettina Burgess
Bettina Burgess

Partner
Gowling WLG

Ronald E. Pizzo
Ronald E. Pizzo

Partner
Pink Larkin

Nancy Shapiro
Nancy Shapiro

Partner
Koskie Minsky LLP

Adrian Miedema
Adrian Miedema

Partner
Dentons Canada LLP

Beth Beattie
Beth Beattie

Senior Counsel
Ontario Ministry of the Attorney General

Brittany Carson
Brittany Carson

Partner
Lavery De Billy, LLP

Josiane L’Heureux
Josiane L’Heureux

Partner
Lavery De Billy LLP

Kara Hardin
Kara Hardin

Registered Psychotherapist
Kara Hardin Mental Health Consulting Inc.

Maneesha Gupta
Maneesha Gupta

Lawyer
Intellectual Property & Technology

Maria Tassou
Maria Tassou

Senior Counsel
Pallett Valo LLP

2022 AGENDA


All times in ET
  • Registration and virtual orientation
  • Opening remarks
  • Litigation update: Guidance for employers on how to manage their workplace liabilities and claims exposure

    Employers continue to face multiple claims exposures, including novel situations arising from the COVID-19 pandemic. Disputes related to workplace changes triggered by the pandemic are flowing through courts and tribunals, and organizations are doing their best to mitigate leading liability risks. This opening presentation will provide an update on the latest developments to help employers manage their litigation files.

    • Overview of COVID-19-related emerging liability risks: constructive dismissal claims, return to work vs remote work policies, infectious disease leave, mandatory vaccines and violations of safety protocols
    • Other case law updates
    Nafisah Chowdhury
    Nafisah Chowdhury

    Partner
    Miller Thomson LLP

  • Deciphering the implications of the Working for Workers Act for employers

    As employers digest the passage of the Working for Workers Act in Ontario and further guidance is rolled out, organizations are responding by updating their employment policies to ensure they align with their new obligations. Further, other provinces across Canada are monitoring how these measures might impact their region and how recent trends in worker rights laws will affect their organizations. How will the Working for Workers Act impact current employment obligations, and how are employers responding to ensure compliance?

    • Guidance for developing your ‘right to disconnect’ policy and framework
    • How does the Act impact salaried vs hourly employees? What are the implications for employers when a policy is violated?
    • Non-competition agreements: What has changed, and when are they permissible? What is the impact on non-solicitation and trade secret provisions?
    • Using temporary recruiters and agencies
    Bettina Burgess
    Bettina Burgess

    Partner
    Gowling WLG

  • An update on workplace vaccine mandates and compliance obligations

    With COVID-19 continuing to impact organizations, employers must navigate emerging case law guidance and changing government regulations to ensure workplace vaccine compliance. As the meaning of ‘fully vaccinated’ evolves, employers need to assess and update their policies, protocols and reporting and enforcement mechanisms. How have recent decisions impacted an employer’s ability to mandate workplace vaccines? How does a hybrid work environment affect who is covered? What are some practical considerations when administering and enforcing vaccine policies?

    • Update on the latest developments from the courts and tribunals
    • Identifying the critical elements when implementing a vaccine policy strategy
    • How to balance disclosure vs an employee’s right to privacy
    • Navigating policy enforcement when there is non-compliance
    • How can employers avoid potential liabilities with a robust vaccine policy?
    Ronald E. Pizzo
    Ronald E. Pizzo

    Partner
    Pink Larkin

  • Networking and coffee break
  • Legal strategies and best practices to improve employee retention

    A hot job market, increased workplace stress, and a desire for a better work-life balance have contributed to increased employee turnover and greater retention challenges for employers. Organizations can mitigate these impacts, however, by reviewing their compensation structures, workplace policies, and employment contracts to create a more favourable work environment. What legal tools can employers use to improve worker satisfaction and avoid the high cost of replacing valued employees?

    • Compensation structures, retention bonuses and incentive plans
    • Return-to-work and hybrid/work-from-home policies and strategies
    • Contract and termination provisions; using restrictive covenants
    Nancy Shapiro
    Nancy Shapiro

    Partner
    Koskie Minsky LLP

  • Navigating workplace human rights and an employer’s duty to accommodate

    The workplace is constantly changing, and the circumstances and conditions that an employer has a duty to accommodate continue to expand. Human rights legislation across Canada now defines discrimination as relating to age, gender, sexual orientation, family status, gender identity, expression and disability. Recent decisions by courts and tribunals have illustrated significant liabilities that employers can face when there is a failure to accommodate. How is the legal landscape changing when it comes to the duty to accommodate, and how can employers best protect themselves?

    • Overview of recent decisions by the courts and tribunals
    • Factors to consider when deciding types of accommodation
    • What is the scope of documentation that employers can request
    • Limits to accommodation: Undue hardship and a bona fide occupational requirement
    • Dealing with complex and difficult accommodation requests
    Josiane L’Heureux
    Josiane L’Heureux

    Partner
    Lavery De Billy LLP

    Brittany Carson
    Brittany Carson

    Partner
    Lavery De Billy, LLP

  • Lunch break
  • Panel: Workplace mental health: Building a culture of wellness

    Although the issue of mental health in the workplace is often discussed, an optimal approach to employee wellbeing remains a challenge for many organizations. Yet addressing this issue is critical to ensuring a highly functional workforce and avoiding potential future liabilities. What are the greatest workplace risk factors for mental health in the current environment? Our distinguished panel will tackle these critical questions.

    • How to create a culture of support and wellness to address mental health risks
    • Identify and discuss the role of senior management and the board
    • What types of policies, support and benefits work best for promoting a healthy workplace setting?

     

    Moderator
    Maria Tassou
    Maria Tassou

    Senior Counsel
    Pallett Valo LLP

    Panelists
    Kara Hardin
    Kara Hardin

    Registered Psychotherapist
    Kara Hardin Mental Health Consulting Inc.

    Maneesha Gupta
    Maneesha Gupta

    Lawyer
    Intellectual Property & Technology

    Beth Beattie
    Beth Beattie

    Senior Counsel
    Ontario Ministry of the Attorney General

  • Maintaining health and safety in your organization: Practices and protocols as threats evolve

    As organizations continue to navigate their return-to-work policies and develop more stable and long-term workplace protocols, it is vital they monitor, update and put into practice the workplace requirements of health and safety and related legislation. What are some of the top health and safety issues that need to be considered as threats continue to evolve? How can employers protect themselves, employees and clients and continue to meet the operational needs of their organizations?

    • Emerging OHS case law guidance
    • How are RTO and hybrid work environments incorporating OHS practices
    • Review of the current restrictions under public health law
    • Recent amendments to the Reopening Ontario Act and similar provincial legislation
    • Screening, RATs, mask-wearing and other protection measures
    Adrian Miedema
    Adrian Miedema

    Partner
    Dentons Canada LLP

  • Networking and coffee break: Q&A breakout session

    Have a question on employment law or a comment on a specific employment issue impacting your organization? Join our panel of distinguished employment law experts in this dedicated Q&A session.

    Maria Tassou
    Maria Tassou

    Senior Counsel
    Pallett Valo LLP

  • Drafting and updating your employment agreements: A contract refresher in a changing workplace

    Employers need to ensure their employment agreements are updated as they continue to operate in an unpredictable landscape. Further, changes to case law and employment standards mean employers need to regularly revisit their current agreements to ensure their contracts are legally binding. What are some important considerations to be mindful of when reviewing employment contracts? How can agreements help protect employers in situations, such as pandemics, that beyond their control? What are some typical mistakes employers make?

    • Examine recent court and tribunal trends and how they might impact existing agreements
    • Addressing work-from-home and hybrid settings, and other changes in working conditions
    • Termination clauses and ESA compliance; incentive entitlements
    • How to protect your organization against claims for constructive dismissal
    • Employment policies in agreements – ensuring these are updated and communicated
    • Best practices and tips for avoiding future liabilities
    Mathias Link
    Mathias Link

    Partner
    Fasken

  • Closing remarks

2022 Sponsors


Contact us about partnership opportunities

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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  • Connect with a wider audience

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  • Engage with our speakers in a live Q&A

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  • Connect with industry leaders dedicated through 121 live chats

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  • Thought-provoking topics

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  • Build your contact base and easily share details

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  • Access sessions after the event, On-demand

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  • Visit booths in the partner lounges area

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  • Gain critical industry insights

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  • Accessible web, mobile, live and on demand

THANKS FOR TAKING PART WITH EMPLOYMENT LAW MASTERCLASS 2022

Missed this year’s event? Download On-Demand Recording of Employment Law Masterclass 2022.

CONTACT US


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