Workplace Rights & Accommodations Forum

Mar 29-30, 2016 | Hyatt Regency Toronto | Toronto, ON



March 29, 2016

Registration and Continental Breakfast

Welcome from Insight Information

Co-Chair’s Opening Remarks

Richard J. Charney
Global Head of Employment and Labour Senior Partner
Norton Rose Fulbright

Preventing and Eradicating Human Rights Violation in Today’s Workplace: Tips, Tools and Procedures

Anne E. Grant
AEG Dispute Resolution Services Inc.

Laura K. Williams
Williams HR Law Professional Corporation

  • Identify practical measures that employers can implement to prevent, mitigate and eradicate human rights violation cases within the workplace
  • Importance of taking action early
  • Structural discrimination: detect the signs and symptoms
  • Review the challenges, risks and exposures that structural discrimination creates for organizations

Determining Duty to Accommodate or Undue Hardship

Ardis McDonald
Manager – In Flight Services Absenteeism & Productivity
Air Canada

Andrew N. Zabrovsky
Hicks Morley

  • When do I have to accommodate an employee?
  • WSIB/WCB, third party insurers and human rights – how do these correlate from a DTA perspective and how do their parameters differ?
  • What does undue hardship really mean?
  • What are the roles of all those involved (employer, employee, union, third party) in DTA?

Networking Break

Disclosure of Personal and Medical Information to Determine Accommodation

Barbara Green
Robins Appleby LLP

  • Legal requirements and parameters of obligations
  • Recent case law analysis

Networking Luncheon

Accommodation: The Best, or Something Less?

Richard J. Charney
Global Head of Employment and Labour Senior Partner
Norton Rose Fulbright

  • How can the employer fulfill duty to accommodate?
  • The obligations of the employee in the accommodation process
  • Whether the employee can demand his or her ideal accommodation
  • The role of a union in the accommodation process
  • The employer’s recourse if a reasonable accommodation is refused
  • When the duty to accommodate is satisfied

Privacy in the Tech-Era: Your Rights and Responsibilities

Michael Sherrard
Sherrard Kuzz LLP

  • Hiring based on social media content screening
  • Employees privacy vs employer rights
  • Employers responsibilities on workplace privacy
  • Breeches and termination

Networking Break

Blowing a Whistle at Work: Legal Rights and Obligations

Inna Koldorf
Koldorf Stam LLP

David Yazbeck
Ravenlaw, Cameron, Ballantyne & Yazbeck LLP

  • What is “whistleblowing”?
  • Under what circumstances can an employee blow the whistle?
  • What are some key elements of a whistleblower policy?
  • When can an employee “go public”?
  • What legislation exists to either facilitate whistleblowing or to provide protection in the case of reprisal for whistleblowing?

LGBT Rights at the Workplace: Changing Workplace Cultures

Marc A. Rodrigue
Fasken Martineau DuMoulin LLP

  • Recent human rights developments and case law
  • Rising LGBT trends in the Canadian workforce
  • Thoughts on best practices for LGBT diversity and inclusion
  • Resources for employers

Co-Chair’s Closing Remarks and Conference Adjourns for the Day

March 30, 2016

Continental Breakfast

Co-Chair’s Opening Remarks

Ardis McDonald
Manager – In Flight Services Absenteeism & Productivity
Air Canada

Accommodating an Aging Workforce

Pnina Alon-Shenker
Associate Professor, Law and Business Department of Ted Rogers School of Business Management
Ryerson University

Philip J. Wolfenden
Shields O’Donnell MacKillop LLP

  • Why it is important to accommodate the aging workforce – practical and theoretical foundations
  • What is the nature and scope of this legal duty?
  • What are the difficulties and limits in applying this duty?
  • How can (and should) the duty of accommodation be developed and evolved?
  • Recent case law review

Family Status: What Triggers a Human Rights Violation and How to Accommodate?

Michael F. Horvat
Norton Rose Fulbright

Paul Macchione
Whitten and Lublin Employment Lawyers

  • The duty to accommodate family status – when is it triggered?
  • How has the law developed and where might it go? Are there options?
  • What are the obligations of the employers, employees and unions?
  • The legal test to determine a human rights violation on the ground of family status
  • The Human Rights Commission “Policy and Guidelines on Discrimination because of Family Status”
  • Eye-opening decisions re: family status
  • Dealing with a family status complaint and what is required to “accommodate”

Networking Break

Managing Sexual Harassment and Violence Cases in the Workplace

Celese Fletcher
The Fletcher Consultancy

Laurie Jessome
Cassels Brock & Blackwell LLP

  • Formal and informal complaints, including investigations requiring union representation
  • Reports made by third party observer (employee or management member)
  • An overview of recent case law and legislative developments regarding workplace sexual harassment and violence in Ontario
  • A discussion of employer’s risks and responsibilities
  • A practical and focused discussion of strategies for conducting effective investigation and managing legal risk

Networking Luncheon

Accommodating Mental Disabilities: Your Roles and Responsibilities

Ian M. Campbell
Fasken Martineau DuMoulin LLP

Laurie Kent
Koskie Minsky LLP

  • Examine the particular challenges faced by employers when accommodating employees with mental health and other ‘invisible’ disabilities
  • Review the factors driving the increased prevalence of mental health accommodation related claims/complaints
  • Provide strategies to manage and/or reduce their occurrence
  • For situations where such claims cannot be avoided, provide strategies to effectively mitigate their direct and indirect costs to both employees and employers

Accommodating Religious Beliefs in the Workplace

Asha Rampersad
Bernardi Human Resource Law LLP

Sandeep Tatla
Chief Diversity Officer
Ontario College of Trades

  • When is the duty to accommodate religious beliefs and practices triggered under the Human Rights Code?
  • Determining whether employee sincerely holds religious beliefs and what documentation can you request?
  • How to accommodate requests for variations in scheduling, religious leave, and time off for religious holidays
  • Is an employer obligated to pay an employee for time off to attend religious holidays?

Co-Chair’s Closing Remarks and Conference Concludes