National Employment Law Forum

12:00 PM

Opening Remarks & Biggest "The Office" Moments

with AVI weiss of counselwell

We'll kick things of with a segment where we announce anonymous, user-submitted "The Office" moments, which will read like a playbook of what not to do

12:15 PM

Peak Performance: Staying on Top of Performance Management

with Vanessa Lapointe and Noah Burshtein of BLG

Inefficient performance management processes can not only be operationally problematic, but can result in increased liability for Canadian organizations. 

In this presentation, Vanessa Lapointe and Noah Burshtein of Borden Ladner Gervais LLP discuss practical tips, policy and contractual considerations, and potential pitfalls for organizations to account for in order to improve and refine performance management - including differentiating between administrative and disciplinary action, achieving successful performance improvement plans, managing remote workers, and moderating the risks associated with improper internal processes. 

Performance management is not only a matter of organizational productivity – but also represents a crucial legal issue that, when managed correctly, can mitigate liability and position employees, and their employers, to climb to the peak of their performance.

1:15 PM

The Do’s and Don’ts of Employment Agreements (and how to Avoid Wrongful Dismissal Suits)

with P.A. Neena Gupta of Gowling WLG

Employers are routinely surprised when courts and adjudicators rule that important and common provisions in employment agreements and related documents are unenforceable. We will share best practices culled from the rare cases where employers were successful in defending termination clauses and forfeiture provisions.

• Avoiding the Waksdale dilemma – it’s not just the termination clause anymore
• The question of consideration
• Is our non-competition clause enforceable?
• Is our non-solicitation clause reasonable?
• The need for Canadian amendments to global compensation and total reward policies
• The usefulness of slide decks and proof of attendance
• Avoiding overly aggressive forfeiture clauses

2:15 PM

Coffee / Networking Break

2:45 PM

When Workplace Investigations Are Necessary, And How to Manage Them When They Are

with Marnie Baizley and Jessyca Greenwood of SpringLaw 

When allegations or incidents involving harassment or other workplace misconduct arise, employers need to act quickly and discreetly. Legislation and case law may drive an employer’s investigation plan, or you might conclude that an investigation is not required based on the facts. SpringLaw's Marnie Baizley and Jessyca Greenwood will lead a GC-focused discussion about key legal and practical considerations for advising and guiding your client through an effective (and defensible) employer response to allegations of workplace misconduct.

3:45 PM

Human Rights and Accommodation in the Workplace: The Rules of the Road

with Dasha Peregoudova and Alex Kagan of Aird & Berlis LLP

Employers have broad and well-known accommodation responsibilities under the Ontario Human Rights Code. The recent COVID-19 pandemic, combined with the stressors of the current labour market, has exacerbated and created more demands in managing sensitive accommodation issues such as those related to vaccination or family status. We take this opportunity to revisit the "rules of the road" in managing such requests, and deliver some good news: basic principles and best practices still apply (and work).

4:45 PM

Closing Remarks

12:00 PM

Opening Remarks

12:15 PM

Free to Contract: Independent Contractors and the Business Risks of Misclassifying Workers

with Elisha Jamieson-Davies of Hicks Morley Hamilton Stewart Storie LLP

In this session, we will review the key factors which help determine whether someone is an independent contractor, a dependent contractor, or an employee. We'll discuss how your classification of a worker impacts your relationship, including at the hiring stage, the firing stage, and everything in between. We'll then conclude with a consideration of the business risks which can arise if you misclassify a worker.

1:15 PM

Privacy Please: The Secret Lives of Our Fellow Co-Workers

with Wilson Chan and Tara Russell of Mathews Dinsdale & Clark LLP

While employees may share many aspects of their lives online, workplace privacy remains an important but divisive issue for both employers and employees especially given the increasingly overlapping nature of our private (remote) and professional lives.

This session will provide a general overview of privacy law in Canada as it applies to the employment relationship, including the legislative framework that applies to employers federally and provincially. It will also explore best practices for ensuring compliance with the evolving legislative landscape, upcoming changes in the law, and how to respond when a cybersecurity attack or a breach of employee data occurs.

Join us for a discussion about the above and other emerging issues in this area, including data collection, cybersecurity considerations relative to personal employee data, employee monitoring, and how to keep your workplace and your employee’s data safe.

2:15 PM

Coffee / Networking Break

2:45 PM

Workplace Safety is no Accident

with Norm Keith of KPMG Law

This session will provide an overview of the key health and safety legislative requirements for employers. We will review the recent amendments to Ontario’s Occupational Health and Safety Act as well as recent OHSA prosecutions and related health and safety case law (although we'll also focus nationally). We'll provide an overview of trends in workplace fines and penalties and provide some best practices for prevention and due diligence.

3:45 PM

Oh, the Places They’ll Go! Legal Considerations and Best Practices in Managing Remote and Hybrid Employees

with Laura J. Freitag, Cassandra da Costa, and Cassandra Ma of Filion Wakely Thorup Angeletti LLP

Remote and hybrid work is now the norm for many employers. From digital nomads and temporary “workcations” to new opportunities to hire talent outside of the province or country, the changed work environment opens up myriad possibilities – and risks – for employers.

Join us for a dynamic discussion of what in-house counsel should know when navigating the ever-evolving landscape of remote and hybrid work, including:

• Best practices for recruiting and managing a globally distributed workforce
• Effective strategies for mitigating the operational and legal risks presented by interjurisdictional work
• The legal considerations facing employers and employees who enter into cross-boundary or flexible work arrangements

4:45 PM

Closing Remarks