Welcome and Conference Opening

Navigating the Waters of WSIB Claims Management

Ryan Conlin

• The new limitation period for reporting accidents and penalties for late reporting
• An update on mental stress claims management
• How the WSIB can penalize employers for firing workers
• How employer incentive programs to reduce accidents can result in prosecution for claim suppression

The Do’s and Don’ts of High Risk Terminations

Jeremy Schwartz

• Review of the risks of terminating employees on disability or statutory protected leaves and when it can be done
• Assessing when the employment relationship has been “frustrated” as a result of a long term disability leave
• How much communication can you have with an employee on leave?
• Practical tips for carrying out high risk terminations to reduce risk

Break

Accommodating Mental Health in the Workplace

Landon Young

• When is the legal duty to accommodate triggered and what is its scope?
• Review of recent caselaw
• How much medical information are employers entitled to?
• Balancing employees’ privacy rights with potential health and safety duties where an employee may pose a safety risk

The Changing Workplace: Lessons From the Pandemic

Jeffrey Murray

• Caselaw update on the legality of mandatory vaccination policies
• When will an employer have just cause to terminate an employee for not complying with its policies?
• When can the employee claim frustration of contract?
• Can employees claim constructive dismissal for being placed on unpaid leave?

Morning Sessions Q&A

Lunch Break

First Reference Product Demo

Employment Agreements: Avoiding the Legal Landmines

Allison Taylor

• Review of the types of provisions to include in employment agreements to protect your organization
• Best practices for presenting employment agreements
• When is it appropriate to enter into new employment agreements?
• Update on recent cases on enforceability of termination clauses and tips for drafting them

Break

Hot Topics Roundtable

Landon Young – Bill 149, Working for Workers Four Act, 2023

• Prohibitions on Canadian experience requitments
• Pay transparency rules
• Duties to dislose use of of A.I.
• Review of other proposed amendments and their potential impact on employers

Allison Taylor – Bill 190, The Working for Workers Five Act, 2024

• Increased fines for non-compliance with the Employment Standards Act
• New prohibition on sick notes
• Job posting and interviewing requirements
• Changes to the Occupational Health and Safety Act including update to the definition of harassment and address telework
• Increase to minimum wage

Jeffrey Murray – Collective Bargaining

• Update on fallout from the Court’s striking down the Ontario government’s wage restraint legislation
• Wage settlement trends
• Tips for preparing for bargaining in 2024 and beyond

Jeremy Schwartz – Child and Forced Labour Protection Laws and Where they Apply

• Employment Protection for Foreign Nationals Act and employer obligations regarding foreign workers
• New duties under the Fighting Forced Labour and Child Labour in the Supply Chains Act
• Potential civil liability from claims relating to human trafficking

Ryan Conlin – Are Owners Responsible for Everyone and Everything? OHS Liability after the SCC decision in Sudbury

• How an owner can demonstrate due diligence
• Does “control” of a contractor matter?
• Strategies for an “owner” to avoid becoming the constructor

Afternoon Sessions Q&A

Closing Remarks and Conference Wrap-up