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More than ever before, HR professionals need a solid understanding of the many laws governing the employment relationship, and the legal risks that can arise in the workplace. Failure to follow the rules and manage risk can result in fines and civil and criminal liability for an organization, its directors and officers, managers, supervisors and others, not to mention a poor reputation as an employer.

Key Benefits: What You Will Learn

  • Drafting employment agreements – “dos” and “don’ts”
  • Navigating the ESA, including overtime pay, minimum wage, leaves of absence, pregnancy leave, personal emergency leave, employees’ obligations when on leave, termination of employment and severance pay
  • Occupational health and safety: the key provisions
  • Update: how evolutions in workplace violence and domestic abuse law will impact employment relations
  • Refusing unsafe work and assessing legitimacy of refusals: practical considerations
  • Equity, diversity and accommodation, including tips and tools for reducing discrimination complaints and protecting your organization against claims
  • Practical strategies regarding the duty to accommodate
  • A comprehensive guide to conducting workplace investigations: the investigative process, pre-investigative steps, interviewing, making a finding and remedies
  • Terminating the employment relationship and minimizing your legal exposure
  • References: what you can and cannot do
  • Releases (and the impact of releases on a subsequent human rights complaint)
  • The workplace in the social media age: confronting the challenges and risks

Faculty

Program Directors

  • Stuart E. Rudner, Rudner MacDonald LLP
  • Natalie C. MacDonald, Rudner MacDonald LLP

Advisory Board

  • Michael Bach, Founder and CEO, Canadian Institute of Diversity and Inclusion
  • Sunil Kapur, McCarthy Tétrault LLP
  • Richard J. Nixon, Davis LLP
  • Ian J. Turnbull, Director, Canadian Privacy Institute
  • Mardi Walker, formerly Senior Vice President, People, Maple Leaf Sports & Entertainment Ltd.
  • Karen R. Bock, Davis LLP
  • Sarah C. Crossley, Norton Rose Fulbright Canada LLP
  • Robert England, Miller Thomson LLP
  • Jennifer M. Fantini, Borden Ladner Gervais LLP
  • R. Mark Fletcher, Grosman, Grosman & Gale LLP
  • Chris Foulon, Israel Foulon LLP
  • Lisa Goodfellow, Miller Thomson LLP
  • James Heeney, Robinson Heeney LLP
  • Michelle S. Henry, Borden Ladner Gervais LLP
  • Barry Kuretzky, Kuretzky Vassos Henderson LLP
  • Natalie C. MacDonald, Rudner MacDonald LLP
  • Michelle D. MacGillivray, Miller Thomson LLP
  • Richard J. Nixon, Davis LLP
  • Kevin Robinson, Robinson Heeney LLP
  • Stuart E. Rudner, Rudner MacDonald LLP
  • Krista Siedlak, Turnpenney Milne LLP
  • Lisa Stam, Koldorf Stam LLP

Agenda

  • Module 1: The Osgoode Certificate in HR Law for HR Professionals

    March 1, 2016, 9:00 a.m. – 4:30 p.m.

    Critical Issues in the Hiring Process/Navigating the Employment Standards Act

    Morning Session

    • Writing job descriptions: dos and don’ts
    • Screening and interviewing job applicants
    • The impact of social media in the hiring process
    • Privacy obligations
    • Negligent misrepresentation and inducement
    • Drafting employment agreements – key components and format
    • What clauses should always be included?
    • Employment duties
    • Compensation, benefits and bonuses
    • Termination provisions
    • Non-competition, confidentiality and restrictive covenants

    Faculty

    • Michelle S. Henry, Borden Ladner Gervais LLP
    • Richard J. Nixon, Davis LLP

    Afternoon Session

    This intensive session is designed to deepen your knowledge of the Employment Standards Act, 2000. There will be ample opportunity for questions and discussion.

    • The scope of the ESA: who’s covered by it, and who’s not?
    • Hours of work; overtime pay; minimum wage; public holidays
    • Vacation with pay
    • Equal pay for equal work
    • Leaves of absence – when does an employee qualify?
      • Pregnancy leave; parental leave; family medical leave
      • What obligations do employees have when on leave?
      • Tips for devising appropriate leave policies
    • Termination of employment
      • General notice requirements
      • Individual vs. mass terminations – what are your obligations?
      • What are the requirements during the notice period?
      • Calculating severance pay
    • Complaints and enforcement

    Faculty

    • Karen R. Bock, Davis LLP
    • Barry Kuretzky, Kuretzky Vassos Henderson LLP
  • Module 2: The Osgoode Certificate in HR Law for HR Professionals

    March 8, 2016, 9:00 a.m. – 4:30 p.m.

    Equity, Diversity and Accommodation: Human Rights at Work/Occupational Health and Safety Compliance in Ontario

    Morning Session

    • The Ontario Human Rights Code – application and scope
    • Guidance for interpreting the Code
    • What is discrimination?
      • Sex discrimination
      • Race discrimination
      • Disability discrimination
      • Age discrimination
      • Religious beliefs
      • Sexual orientation
    • Strategies to prevent/address human rights issues
    • Duty to accommodate requests regarding
      • Family status
      • Aging workers
      • Observance of religious beliefs
      • Sexual orientation
      • Addiction
    • Workshop: Human rights and accommodation group exercise – an opportunity to delve more deeply into the tricky area of workplace accommodation using real examples.

    Faculty

    • R. Mark Fletcher, Grosman, Grosman & Gale LLP
    • James Heeney, Robinson Heeney LLP

    Afternoon Session

    A Practical Guide to Occupational Health and Safety Compliance in Ontario

    • Workplace parties: who is an employer, who is a worker?
    • Joint health and safety committees: duties and responsibilities
    • Refusing unsafe work
    • Facing the Challenges under Bill 168
    • Due diligence: meeting the standards of your industry
    • What happens if there is an accident? A checklist of dos and don’ts
    • Workplace violence and domestic abuse

    Faculty

    • Robert England, Miller Thomson LLP
    • Natalie C. MacDonald, Rudner MacDonald LLP
    • Michelle D. MacGillivray, Miller Thomson LLP
  • Module 3: The Osgoode Certificate in HR Law for HR Professionals

    March 22, 2016, 9:00 a.m. – 4:15 p.m.

    Conducting Workplace Investigations

    Failure to stay on top of issues and to conduct a proper investigation can expose your organization to considerable risk. When faced with allegations of employee workplace misconduct you must be equipped to conduct a proper and effective workplace investigation. You need to know when to act and how. To do so, you must be aware of the laws that govern the investigative process and the problems and pitfalls that can trap the unwary.

    The Investigative Process and Pre-Investigative Steps

    • Objective of the investigation
    • Role of advisors and role of the investigator
    • Getting it in writing
    • Preparing an investigation plan – exercise: prepare the plan
    • Documentation

    Interviewing

    • Listening skills – active listening exercise
    • What to tell the complainant, respondent and witnesses
    • Creating the right questions
    • Why people are reluctant to complain
    • Confidentiality
    • Off-the-record statements

    Making a Finding and Preparing the Report

    • One person’s word against another’s
    • Assessing credibility
    • The burden of proof
    • Similar fact evidence

    After a Finding

    • Remedies to consider
    • What if the complaint is malicious?
    • Preventing retaliation and further incidents: tips and tools

    Faculty

    • Sarah C. Crossley, Norton Rose Fulbright Canada LLP
    • Kevin Robinson, Robinson Heeney LLP
    • Krista Siedlak, Turnpenney Milne LLP
  • Module 4: The Osgoode Certificate in HR Law for HR Professionals

    March 30, 2016, 9:00 a.m. – 4:30 p.m.

    Terminating the Employment Relationship: Minimizing Your Legal Exposure

    • Statutory requirements for lawful terminations
    • Drafting the termination letter: what should go in it and what shouldn’t
    • Dismissal for just cause: tips for building and documenting the case
    • Can an employee’s off duty (or pre-hire) conduct amount to just cause?
    • The effect of condoning misconduct
    • Termination without cause: best practices
    • Structuring the severance package – dealing with claims for bonuses, commissions, pension plans, life and health benefit extensions
    • Important considerations relating to large scale terminations
    • Releases that work
    • What impact will a release have on a subsequent human rights complaint?
    • Requests for references: what should you do?
    • The role of arbitration and mediation in the context of terminations

    Faculty

    • Jennifer M. Fantini, Borden Ladner Gervais LLP
    • Chris Foulon, Israel Foulon LLP
    • Lisa Goodfellow, Miller Thomson LLP
    • Natalie C. MacDonald, Rudner MacDonald LLP
  • Module 5: The Osgoode Certificate in HR Law for HR Professionals

    April 6, 2016, 9:00 a.m. – 4:15 p.m.

    The Workplace in the Social Media Age: Confronting the Challenges / Afternoon Group Exercise: Pulling it All Together

    Morning Session

    Social media is an area of law that is rapidly developing as one of the most interesting and complex in the employment relationship. Our expert faculty tackles the major potential pitfalls facing employers in this area today. Topics include:

    • The prevalence of social media: what are the major concerns
    • Using social media in the hiring process
    • The ownership of social media accounts
    • Tips for adapting the employment contract to address social media issues
    • The impact of social media on restrictive covenants
    • Confidentiality conundrums
      • the “rogue” employee – monitoring the employee’s online activity and disciplining offenders
    • The employee’s expectation of privacy inside and outside the workplace
    • Tips for developing a social media policy

    Faculty

    • Stuart E. Rudner, Rudner MacDonald LLP
    • Lisa Stam, Koldorf Stam LLP

    Afternoon Session
    Group Exercise: Pulling it All Together

    Advance your practical skills by applying your experience and the knowledge you’ve learned in the program to a realistic case study that raises challenging HR law issues - issues you are likely to encounter regularly within your organizations.

    Faculty

    • Natalie C. MacDonald, Rudner MacDonald LLP
    • Stuart E. Rudner, Rudner MacDonald LLP

Fees

Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Fees paid by individuals are eligible for a tuition tax credit. Dress is business casual.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Certificate of Program Completion

You will receive a certificate upon completion of The Osgoode Certificate in HR Law for HR Professionals. Participants must attend all program modules and pass the take-home assessment to receive a certificate.

Cancellations and Substitutions

If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after February 9, 2016 will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withdrawal after the program start date will incur a full program fee. Payment must be received by February 16, 2016.

Program Lawyer

If you have any questions or would like more information please contact:
Paul Truster
ptruster@osgoode.yorku.ca

Program Details

Date & Time

March 1, 8, 22 & 30 and April 6, 2016
9:00 a.m. - 4:30 p.m.

Location
Osgoode Professional Development Centre
1 Dundas St. W., 26th Floor, Toronto, ON
Fee per Delegate

$4,295 plus HST

Registration for this program is now closed.

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • HR Professionals/Executives
  • VPs/Directors/Managers of Human Resources
  • VPs/Directors/Managers of Labour Relations
  • Supervisors and Managers
  • Disability and Return to Work Managers
  • HR Consultants
  • Mediators and Arbitrators of Employment and Labour Law Disputes
  • Employment and Labour Relations Consultants
  • Business Owners

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Approved by HRPA for 30 Continuing Professional Development hours

“Would recommend this program to my HR colleagues in a heartbeat! Great way for HR professionals to deliberate and discuss issues in HR today. Very relevant and practical.”

Nancy Quattrocchi, Vice-President, Corporate Services Canadian Foundation for Healthcare Improvement

Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.