25th Annual Ontario Employment Law Conference


Conference Agenda

9:00 am

Welcome and Conference Opening

9:05 am

Welcome and Conference Opening

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
9:45 am

The Dos and Don’ts of High-Risk Terminations

Jeremy Schwartz

  • The new limitation period for reporting accidents and penalties for late reporting
  • 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
10:25 am

Break

10:45 am

Bill 149, Working for Workers Four Act, 2023 Amendments to the Employment Standards Act, 2000

Haadi Malik

  • Prohibitions on Canadian experience requirements
  • Pay transparency rules
  • Duties to disclose the use of AI
  • Review of other proposed amendments and their potential impact on employers
11:15 am

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?
11:45 am

Morning Sessions Q&A

12:15 pm

Lunch Break

1:00 pm

First Reference Product Demo

1:15 pm

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
2:00 pm

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
2:30 pm

Break

2:50 pm

Hot Topics Roundtable

Landon Young – Use of Social Media in the Workplace

  • Cybersecurity risks from use of social media
  • Privacy issues
  • How to prepare a social media (plan, strategy, presence…) for your organization

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

Jeremy Schwartz - Special 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
3:30 pm

Afternoon Sessions Q&A

4:00 pm

Closing Remarks and Conference Wrap-up



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