Conference Agenda

9:05 A.M

Alison Tylor

Termination Clauses Post-Waksdale

• Review of Waksdale v Swegon and its implications for contracts with “just-cause” termination clauses
• What employers can do if their employment contracts are no longer enforceable
• Tips on how to draft employment contract termination clauses to avoid this issue

9:45 A.M

Landon Young

Good Faith Performance of Employment Contracts

• Review of Supreme Court decision in CM Callow v Zollinger
• Implications of duty of good faith performance on contracts for employers

10:45 A.M

Daniel Gaspar

Post-Termination Bonus Entitlements

• How employees can be entitled to bonus payments post-termination under common law and the Employment Standards Act
• Review of Supreme Court decision in Matthews v Ocean Nutrition
• Tips for drafting contracts and plans to minimize the risk of paying post-termination bonus amounts

11:25 A.M

Amanda Boyce

When the Pandemic Finally Ends

• Potential issues for employees who want to keep working from home rather than return to the workplace
• The risk of constructive dismissal claims when the deemed emergency leave ends under the Employment Standards Act
• Strategies for reducing termination costs if a reduction in force is necessary 

1:05 P.M

Jeremy Schwartz

COVID-19 and Health and Safety

• Legal duties for protecting employees’ safety in the workplace both during the pandemic and post-pandemic
• Dealing with health and safety work refusals
• Can employers require employees to vaccinate?
• Can employers conduct mandatory testing?

1:45 P.M

Jeffrey Murray

Dealing With the Mental Health Fallout of the Pandemic

• The scope of the potential duty to accommodate employees suffering from mental health conditions brought on or made worse by the pandemic
• Recognizing when the duty to accommodate may be triggered
• What medical information the employer can obtain and how to obtain it
• Forms of accommodation