If you answer YES to any of the following, this conference is a “Must Attend” for you!

YES    NO

[ ]      [ ] Termination skills and legal knowledge rusty?

[ ]      [ ] Faced with the need to reduce labour costs yet reluctant to dismiss employees?

[ ]      [ ] Afraid that mistakes in strategy now will cause you problems when the economy turns again?

[ ]      [ ] Need an update on the different rules of engagement for managing restructuring and discharges in unionized and non-unionized workplaces?

Proactively minimize risk and avoid unnecessary and unintended liabilities by gaining answers to:

• What creative restructuring options outside of layoff or dismissal exist?
• At what point can employees claim constructive dismissal?
• Severance vs. working notice – How much is adequate?
• Selecting employees for discharge – Who? Why?
• Human rights risks – What are the most common litigation triggers?
• When and why are damages claims successful?
• How can costs of arbitration be managed?
• Dismissing foreign workers in unionized workplaces – What rules apply?
• Terminating executives – How can severance / compensation backlash be avoided?
• How to deliver the termination message without fear

PROGRAM CO-CHAIRS

William J. (Bill) Armstrong, Q.C.
Partner, Armstrong Management Lawyers

Clayton H. Cook
Partner, McGown Johnson

This conference has been accredited by the Law Society of British Columbia for up to 12 hours of continuing professional development.

MARKETING PARTNERS

• Vice Presidents, Directors & Managers of:
  • Human Resources and Labour Relations
  • Compensation and Payroll
  • Benefits
• Chief Operating Officers
• Labour and Employment Lawyers
• Government Representatives

• Union Presidents, Field Representatives, Business Agents and Stewards
• In-House Counsel
• Administrative Law Practitioners
• Labour and Industrial Relations Practitioners
• Supervisors from Federally and Provincially Regulated Companies
• Mediators, Arbitrators and Conciliators

Dear Colleague:

In the current business environment, employers are confronted with the need to restructure their workforces in order to reduce labour costs. Careful planning and an understanding of the complex web of legal requirements is required in order to avoid triggering unnecessary costs and liabilities that, if not avoided, will eat up the cost savings.

Today’s employer and employees have high expectations of their advisors. In-house human resources professionals, union representatives and outside experts must deliver advice that is timely, accurate and practical. It is important to understand the different rules of engagement for managing restructuring and discharges in unionized workplaces, the Public Service and private sector.

Questions and concerns raised include:

• What creative options exist?
• Costs – severance, pension and benefits, other?
• Most common legal pitfalls to avoid
• Selecting employees for discharge – Who? Why?
• Obligations to temporary foreign workers
• Human rights risks
• Public backlash over golden parachutes
• Why are damages claims successful?
• CCAA – employees’ rights?
• When is it best to fight, best to settle?
• How to deliver bad news

Answers won’t come from sitting in your office and waiting for them to arrive via emails or blog posts (much less a tweet). Clues to the right answers for your company will be found through listening to people with new ideas, and asking them the tough questions. Strategies and insight will also come from meeting your colleagues and competitors at focused conferences, and debating ideas, facts and figures and understanding how evolving legal decisions may affect your current practices.

The stellar faculty at Insight’s EMPLOYEE TERMINATIONS & RESTRUCTURING conference will provide, in one place, and over two information-packed days, innovative options for cost-effective realignment of your workforce and a guide to carrying out and defending dismissals.

As a special feature, Gail Evans, President of The Wynford Group will provide practical tips for preparing for the next wave of human capital restructuring strategies in her keynote luncheon address “It May Seem Like a Good Idea Now, BUT: Implications for Restructuring Strategies.”

We are extremely excited by this conference which presents excellent value and believe that you will find this conference a worthwhile investment.

We look forward to seeing you there.

William J. (Bill) Armstrong, Q.C.
Partner
Armstrong Management Lawyers

Clayton H. Cook
Partner
McGown Johnson

MONDAY | SEPTEMBER 28, 2009

8:00 | 8:30

Registration and Continental Breakfast

8:30 | 8:35

Welcoming Remarks from Insight

8:35 | 8:45

Co-Chairs’ Opening Remarks

William J. (Bill) Armstrong, Q.C.
Partner
Armstrong Management Lawyers

Clayton H. Cook
Partner
McGown Johnson

PRE-TERMINATION/LAYOFF CONSIDERATIONS: Alternatives; Costs? Benefits & Pensions; Constructive Dismissal Triggers

8:45 | 9:30

Alternatives to Downsizing: Restructuring and Redeploying the Workforce

A. Robson (Rob) Garden, Q.C.
Partner
MacPherson Leslie & Tyerman LLP

• Rolling back compensation as a result of the downturn:
  • How do you draft new employment contracts when this takes place?
  • How do you bargain mid-term?
• Alternatives to the traditional 5-day week:
  • What needs to be taken into account, when 4-day weeks are incorporated to save jobs?
  • When introducing unpaid leave, what can an employer specify?
• Reducing perks and non-medical benefits
• How to offer early retirement without triggering discrimination actions
• The process for introducing new contracts – lessons from Wronko v. Western Inventory Service Ltd.
• What is the status of employees who refuse to sign mid-term contracts?
• What counts as consideration – and is it required in an economic downturn?
• Best practices for communicating with and managing employees in a period of change
• Government-sponsored programs to facilitate reductions while minimizing financial impact on employees: The Service Canada Work-Sharing Program

9:30 | 10:00

Constructive Dismissal Claims: Has the Standard Changed in the New Economy?

L. Frank Molnar, MIR
Partner
Field LLP

• Has the standard for constructive dismissal fundamentally changed?
• What weight is given to a change in location, duties and/or reporting functions?
• Does the “10% cut in compensation” rule still trigger constructive dismissal?
• Accumulative constructive dismissal cases – at what point does constructive dismissal crystallize?
• Are there time limits to an employee’s opportunity to claim constructive dismissal?

10:00 | 10:15

Networking Coffee Break

10:15 | 11:00

Containing Costs of Terminations Without Cause: Rules of Thumb for Severance/Working Notice in a Downturn

William J. (Bill) Armstrong, Q.C.
Partner
Armstrong Management Lawyers

Knowing how to assess the cost of a termination is critical and requires advance planning before terminations are announced. Putting together and delivering a fair severance package is the key to efficient downsizing. In this session, learn how employers are managing termination obligations and receive updated precedents for laying off employees in a cost-effective manner.

• Pros and cons of offering working notice as severance
• Designing severance packages to accommodate the inflation of severance for lower level employees
• How and when to consider amounts for bonuses, commissions, car allowances and other payments
• Tax considerations
• ROE requirements and Employment Insurance implications for the employee
• How to deal with group benefits on termination
• Rules regarding when and how final payments should be made
• Precedent letters and release
• Obligations during reorganizations, mergers and acquisitions

11:00 | 11:45

The Impact of Restructuring on Pension and Benefit Plans

Janet G. Downing
Lawyer/Senior Consultant
Watson Wyatt Worldwide (Toronto)

• Reducing medical and pension benefits:
  • What notice is required?
  • To what extent can a plan be changed?
  • Will the savings outweigh the potential loss of good employees?
• How should change to pensions and benefits be communicated?
• How long must benefits continue after discharge?
• Is the length of time different for culpable/non-culpable terminations?
• During working notice, must benefits be continued?
• What rules govern pension issues for employees who have been dismissed?
• At what point will a downsizing trigger a partial windup requirement?

STILL SHARPENING THE PENCIL: Selecting Employees for Dismissal/Layoff

11:45 | 12:30

Terminating for Performance

Laurie M. Robson
Partner
Borden Ladner Gervais LLP

• How non-performers hide, and how you can find them
• Performance reviews protect employers and help employees – so why does everyone hate doing them?
• Common defences of the non-performing employee: How firing might cast an embarrassing light on your hiring, training and management processes
• Why poor performance in the dismissal of poor performers leads to costly legal claims
• Dismissal steps that work: Observations of de-hired employees

12:30 | 1:15

Networking Luncheon

1:15 | 2:00

It May Seem Like a Good Idea Now, BUT: Implications for Restructuring Strategies

Gail Evans
President
The Wynford Group

Using The Wynford Group’s recent industry survey on current trends in short-term approaches to Human Capital restructuring as a backdrop, Gail will examine the impact of the recent economic turbulence and share action strategies in preparation for the next wave of restructuring.

2:00 | 2:45

Culpable Terminations: In a Downturn Are Less Reasons Needed and Fewer Second Chances Granted?

Richard F. Steele
Partner
Burnet, Duckworth & Palmer LLP

• Theft and dishonest acts
• Safety violations – Is deterrence more important than progressive discipline?
• Terminating for misuse of technology
  • Must employers allow personal use?
  • How much personal use is allowed before disciplining?
  • Enforcing reasonable policies
  • Dealing with pornography, libel, slander (of employer and co-workers), and other new media abuses
  • How must policies read and be communicated in order to hold up in Court?
• Managing the termination when you discover “moonlighting” has turned to “daylighting”
• Where do last chance agreements fit in?

2:45 | 3:00

Networking Refreshment Break

3:00 | 3:45

Mass Terminations and Layoffs: Cross Country Checkup

Walter J. Pavlic, Q.C.
Partner
Parlee McLaws LLP (Edmonton)

Unfortunately, during an economic downturn, some companies may have to conduct mass terminations and layoffs in order to survive. Before embarking on this action it is important that you have an understanding of the specific legal obligations and legislative requirements in mass terminations and layoffs.

• Statutory:
  • Labour standards – recent developments
  • Canadian legislation – differences between Provinces and Territories
  • Exemptions – are employers completely exempt due to economic circumstances?
  • Can you terminate employees while on layoff?
• Formulas for terminations including union and non-union workplaces
  • Individual consideration
  • Blending
• Negotiating lay-offs with the Union: How much wiggle room is available?
• Review of worker protections offered

DISMISSALS MOST LIKELY TO BE LITIGATED

3:45 | 4:30

Human Rights in the New Economy

Gary T. Clarke
Partner
Stikeman Elliott LLP

• Has the nature and scope of an employer’s duty to accommodate changed as a result of the Supreme Court of Canada’s decisions in Hydro Québec and McGill University?
• At what point will undue hardship be reached in relation to an employer’s accommodation efforts?
• Can you terminate an employee that is absent on an approved disability leave? What are the risks and considerations in doing so?
• Issues when the addicted employee relapses

4:30

Conference Adjourns for the Day

TUESDAY | SEPTEMBER 29, 2009

8:00 | 8:30

Registration and Continental Breakfast

8:30 | 9:30

Terminations in the Unionized Workplace: Knowing “When to Fight/When to Settle”

Timothy D. Mitchell – Management Counsel
Partner
Armstrong Management Lawyers

Clayton H. Cook – Union Counsel
Partner
McGown Johnson

As the costs of arbitration and damage awards for unsuccessful terminations continue to grow, the ability to accurately assess the strength of your case and to conduct a “when to fight and when to settle” analysis has become an important skill.

• The perils and costs of proceeding to arbitration
• Remedies awarded for improper terminations:
  • The trend to award damages in lieu of reinstatement
  • Assessing a value for loss of collective agreement benefits when damages awarded
  • Aggravated damage awards
  • Advance protection: drafting clauses in the CA to limit awards when reinstatement isn’t an option – are they enforceable?
• Assessing the strength of your case:
  • Just and reasonable cause for termination or only discipline?
  • Potential pitfalls in proving your case
  • Evaluating witnesses
  • Other considerations for deciding when to fight and when to settle
• Managing the costs of arbitration:
  • Ready! Fire! Aim! – the importance of conducting a thorough investigation before terminating
  • Effective use of the grievance procedure
  • Expediting the arbitration process
  • Pros and cons of agreed statements of fact

9:30 | 10:15

Golden Parachutes in a Downturn: Challenges When Dismissing Senior Executives

Sean E. D. Fairhurst
Partner
McLennan Ross LLP

When the decision to dismiss a senior executive is made, for culpable or non-culpable reasons, the design of the severance package must address the wide range of benefits included in executive compensation agreements as well as the external and internal PR issues that need to be taken into account.

• Share entitlement and redemption of stock options
• Perks and benefits
• Retrieval of property
• Accounting for perks in severance calculation
• The Bonus question
• Compensation backlash
• Preparing a successor for the termination – what to plan for to ensure smooth operations
• Handling the actual termination:
  • Is it always necessary to walk them out the door?
  • Intellectual property – what rights do employers have in a knowledge-based economy?
• Best practices for communicating news to public and internally
• Managing other senior executive concerns

10:15 | 10:30

Networking Coffee Break

PRACTICAL CONSIDERATIONS FOR MITIGATING VULNERABILITY TO LITIGATION

10:30 | 11:15

Temporary Foreign Workers: Unique Challenges and Obligations When Dealing with Layoffs, Terminations and Workforce Reduction Strategies

Evelyn Ackah
Partner
Fraser Milner Casgrain LLP

• Impact to foreign workers immigration status (temporary or permanent) if dismissed or laid off
• Employer obligations to foreign workers who are dismissed or laid off
• How employer efforts to implement restructuring options such as changes to benefits, compensation and days and times of work may negatively impact temporary foreign workers
• Work-sharing programs and other workforce reduction options and foreign workers
• Foreign workers in union environments – balancing Service Canada policies with Union contracts regarding layoffs and dismissals
• Foreign workers and eligibility for government benefits if dismissed or laid off

11:15 | 12:00

Confidentiality, Non-Solicitation and Non-Competition Covenants: Locked Up or Out of Luck?

Tim Delaney
Counsel in Shafron v. KRG Insurance Brokers (Western) Inc.
Partner, Lindsay Kenney LLP (Vancouver)

• In a downturn, what limitations can employers place on employees obtaining second jobs?
• When should a non-competition agreement be used?
• When will a non-solicitation agreement suffice?
• The impact of recent Supreme Court of Canada decisions on restrictive covenants:
  • RBC v. Merrill Lynch
  • Shafron v. KRG Insurance Brokers (Western) Inc.
• What happens when a court strikes down part of your non-competition clause or agreement?
• Retaining property and knowledge
• Ensuring employment contract language is enforceable
• Update on the “inevitable disclosure” doctrine in Canada

12:00 | 1:00

Networking Luncheon

1:00 | 1:45

What Your Terminated Employee Will Hear From Her/His Lawyer

Scott M. Wickenden
Partner
McDougall Gauley LLP (Saskatoon)

This session will provide a practical guide as to what employees can expect when they meet with a lawyer after being dismissed. Some of the questions that will be addressed include:

• Obligations employees have to former employers following termination
• What criteria is used in a “when to fight/when to settle” analysis
• What risks are involved in a fight? What timelines?
• What does the litigation process involve?
• What is the scope of the employee’s duty to mitigate following the SCC decision – Evans v. Teamsters Local Union No. 31
• What sort of employment is a dismissed employee obligated to accept?
• How do references, claims of accrued overtime and the economic viability of the former Employer affect the settlement in today’s legal and economic climate?

1:45 | 2:30

CCAA – The Ultimate Restructure

Michael R. Howcroft
Partner
Blake, Cassels & Graydon LLP (Vancouver)

• Impact on employees with outstanding claims prior to CCAA
• Impact on termination entitlements pre and post CCAA
• Statutory termination and severance pay
• Wage Earner Protection Program Act
• Changed terms and conditions of employment
• Transfer of employees on sale of assets
• Employee representation in CCAA proceedings
• Collective agreement rights and the CCAA
• Role of the Monitor in CCAA

2:30 | 2:45

Networking Refreshment Break

2:45 | 3:30

Beyond Reasonable Notice: Terminating Correctly in Light of Wallace and the New Damages Regime

John R. Gilmore
Partner
Bennett Jones LLP

• Along came Wallace damages
• The Wallace damages explosion
• Wallace after Keays
• Without Wallace as leverage, what now?
• Bad faith: Does the spirit of Wallace live?
• Damages in the post-Wallace employment world

HONE YOUR SKILLS: Practical Interview Strategies

3:30 | 4:30

Breaking Up is Hard To Do! Taking the Fear Out of Termination Interviews Through Effective Planning and Preparation Strategies

Kathleen Wollenberg
Vice President, Career Management Services
Toombs Inc. & KWA Partners

The most difficult conversations you are likely to have at work involve a dismissal. That being said, as an HR professional, knowing how to deliver that critical message and what is required leading up to, and following the termination meeting are essential to minimizing any negative effects. Delegates will leave the session knowing how to:

• Prepare effectively for the dismissal meeting
• Differentiate the roles associated with those involved in the dismissal
• Communicate the bad news – what to say, what not to
• Prepare for and handle high-risk termination interviews
• Follow up appropriately to ensure proper conclusion to the dismissal

4:30

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.