Human Resources Law for HR Professionals

Introduction

• Ice breaking session ‑ introduce yourself and learn who’s in the group

Morning Session

This session addresses several of the critical issues in the hiring process.

• 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
• Clauses that you should always include
• Employment duties
• Compensation and benefits and bonuses
• Termination provisions
• Non‑competition, confidentiality and restrictive covenants

Afternoon Session

This intensive session is designed to deepen your understanding of key provisions of the Employment Standards Act. 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?’
• Complaints and enforcement

Morning Session

Occupational Health and Safety Compliance in Ontario 

• Occupational Health and Safety – an overview of the statutory regime
• Workplace parties: who is an employer: who is a worker?
• Joint health and safety committees: duties and responsibilities
• Refusing unsafe work
• 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 issues
• Sexual violence
• Facing challenges under Bill 132 and Bill 168 

Afternoon Session

The afternoon session will focus on equity, diversity and accommodation.

• The Ontario Human Rights Code – application and scope
• Guidance for interpreting the Code
• How the Human Rights Tribunal of Ontario operates and its powers and remedies
• What is discrimination? Analysis of:
  • Sex discrimination
  • Race discrimination
  • Disability discrimination
  • Age discrimination
  • Religious beliefs
  • Sexual orientation
• Human rights claimed in the court process
• Strategies to prevent/address human rights issues
• Duty to accommodate requests regarding:
  • Family status
  • Aging workers
  • Observance of religious beliefs
  • Sexual orientation
  • Addiction

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
• 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

• 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

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 concerns for employers
• 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

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 – of the kind you are likely to encounter within your organization.