Workplace Rights & Accommodations Forum

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

Agenda2016-11-22T11:09:56+00:00

Agenda

March 29, 2016

8:15
Registration and Continental Breakfast

8:40
Welcome from Insight Information

8:50
Co-Chair’s Opening Remarks

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

9:00
Preventing and Eradicating Human Rights Violation in Today’s Workplace: Tips, Tools and Procedures

Anne E. Grant
Mediator
AEG Dispute Resolution Services Inc.

Laura K. Williams
Principal
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

10:00
Determining Duty to Accommodate or Undue Hardship

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

Andrew N. Zabrovsky
Associate
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?

11:00
Networking Break

11:15
Disclosure of Personal and Medical Information to Determine Accommodation

Barbara Green
Partner
Robins Appleby LLP

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

12:05
Networking Luncheon

1:05
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

1:50
Privacy in the Tech-Era: Your Rights and Responsibilities

Michael Sherrard
Partner
Sherrard Kuzz LLP

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

2:35
Networking Break

2:50
Blowing a Whistle at Work: Legal Rights and Obligations

Inna Koldorf
Partner
Koldorf Stam LLP

David Yazbeck
Partner
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?

3:50
LGBT Rights at the Workplace: Changing Workplace Cultures

Marc A. Rodrigue
Associate
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

4:35
Co-Chair’s Closing Remarks and Conference Adjourns for the Day

March 30, 2016

8:30
Continental Breakfast

8:50
Co-Chair’s Opening Remarks

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

9:00
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
Partner
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

10:00
Family Status: What Triggers a Human Rights Violation and How to Accommodate?

Michael F. Horvat
Partner
Norton Rose Fulbright

Paul Macchione
Lawyer
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”

11:00
Networking Break

11:15
Managing Sexual Harassment and Violence Cases in the Workplace

Celese Fletcher
Principal
The Fletcher Consultancy

Laurie Jessome
Partner
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

12:15
Networking Luncheon

1:15
Accommodating Mental Disabilities: Your Roles and Responsibilities

Ian M. Campbell
Partner
Fasken Martineau DuMoulin LLP

Laurie Kent
Partner
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

2:15
Accommodating Religious Beliefs in the Workplace

Asha Rampersad
Lawyer
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?

3:15
Co-Chair’s Closing Remarks and Conference Concludes

DOWNLOAD AGENDA
REGISTER NOW