MORNING SESSION: Stay ahead of the Law: Important HR Legislative and Case Law Updates - Andy Balaura, Maria Tassou, Jeffrey Percival and Kate Bresner – Pallett Valo LLP
This session will provide an overview of the significant changes made to federal and provincial employment laws in 2019, including changes coming into force in 2020. The session will also highlight recent developments in human rights and employment law at the Human Rights Tribunal of Ontario and the Ontario Court of Appeal. Human resource and business professionals need to stay on top of legislative and case law changes to ensure their workplaces are compliant and that they use best practices when implementing these changes in the workplace. This session will cover:
Updates to Employment Standards
- The changes to the Canada Labour Code that came into force throughout the Fall of 2019, and the amendments and new legislation expected to take effect in 2020
- Bill 66 – Restoring Ontario's Competitiveness Act, came into force in April 2019
Accessibility and Disability - The Accessible Canada Act which came into force in July 2019, and updates to the provincial Accessibility for Ontarians with Disabilities Act that employers need to know in 2020
Cannabis - Updates to the Cannabis Regulations, the green light for edibles, extracts and topicals and how this will impact the workplace
Workplace Safety and Insurance - Changes to the rate framework, taking effect January 1, 2020
Human Rights Law - Developments and updates on recent case law at the Human Rights Tribunal of Ontario.
Wrongful Dismissal Law
- Development and updates on recent court decisions in the area of wrongful dismissal law.
Learning outcomes: - Describe the significant legislative changes to federally and provincially regulated workplaces
- Explain the importance of having workplace policies (particularly in relation to accessibility and expectations around cannabis use)
- Prepare employers with information regarding impending changes to legislation that will affect the function of their workplace and/or relations with employees
- Demonstrate the use of best practices in implementing the legislative changes that will impact the workplace
- Identify areas of workplace policy and/or employee management that need to be updated/modified
AFTERNOON SESSION: Mitigating Risk – Best Practices for Managing WSIB Claims and Employment Terminations - Lisa M. Bolton and Daryl Seupersad– Sherrard Kuzz LLP
Human Resource Professionals are an employer's front line of defence when it comes to mitigating employment risk. Implementing strategies to improve WSIB claims management and understanding legal requirements for terminating employment and can help reduce the risk of liability and reduce financial costs.
Learning outcomes: WSIB - Understanding the WSIB return to work obligations and the WSIB players involved in facilitating return to work.
- Common WSIB Return to Work Issues (and How to Avoid Them!)
- Claim Costs and Return to Work: how to effectively manage return to work issues to minimize claim costs and potential penalties.
- Understanding the overlap between human rights obligations and WSIB concerns on return to work.
- How to better use the WSIB's Return to Work resources.
Termination - How to minimize risk at the time of hiring;
- The importance of a well drafted employment agreement;
- When and how to implement progressive discipline;
- Assessing risk prior to termination; and
- Strategies for obtaining a release.
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Meals Include:
Hot Breakfast Buffet: Assorted Breads & Pastries; Scrambled Eggs; Bacon; Sausage; Potatoes; Coffee, Tea & Juices
Morning Break: Health Nuts; Yogurt, Granola, Flaxseed Fruit; Coffee & Tea
Lunch: Rolls & Butter, assorted salads, butter chicken, basmati rice, cauliflower masala, naan, vegan pasta; Soft Drinks; Tea and Freshly Brewed Coffee
Afternoon Break: Cupcakes; Coffee & Tea Service; Soft Drinks
CANCELLATION POLICY: ALL cancellations MUST be received in writing, 3 business days in advance of the event, to
chaptercancellations@hrpa.ca. Registration fees are 100% non-refundable after that time. If it is a complimentary event, a $30 no-show fee invoice will be issued to those registrants who do not attend and have not provided the required notice.
Cancellation Deadline is Mon. Feb. 24/20.
QUESTIONS: Please reach out to Tracey Gallacher
tgallacher@hrpa.ca if you have any questions.
Speaker Bios:
Andy Balaura, Pallett Valo
Andy Balaura is the head of Pallett Valo’s Employment Law Group. Andy practices in the area of employment and labour law, representing large, mid-sized and small businesses and corporations, as well as senior level executives. He regularly advises and represents clients in a wide variety of industries, including hospitality, construction, manufacturing, information technology, financial services and transportation.
Andy has appeared as litigation counsel before the Ontario Courts at all levels, and represented numerous employer clients before arbitrators, the Ontario Labour Relations Board, the Workplace Safety and Insurance Tribunal, and the Information and Privacy Commissioner of Ontario. He has extensive experience acting for corporate clients on a wide range of human resource issues, including drafting employment and contractor agreements, advising on employee discipline and dismissal, negotiating severance packages, preparing workplace policies, conducting workplace investigations, advising on privacy obligations and obligations of departing employees, and assisting employers with their statutory obligations pursuant to the Employment Standards Act and the Ontario Human Rights Code.
Maria Tassou, Pallett Valo
Maria Tassou is a member of Pallett Valo’s Employment Law Group. Her practice focuses on Administrative Law, Workplace Investigations, Management Training and Privacy Law. Maria serves as Privacy Officer for the firm.
Maria has extensive experience as a civil litigator and was the Chair and lead adjudicator of the Criminal Injuries Compensation Board, an adjudicative tribunal, for five years. She was also a Vice-Chair of several other tribunals in Ontario. As a seasoned adjudicator, Maria has extensive experience eliciting evidence, questioning parties, maintaining confidentiality, and protecting the privacy interests of all parties.
Maria understands the importance of procedural fairness and natural justice. She is respectful of social and cultural differences and acts in a manner that promotes an appreciation for diversity. She has engaged in meaningful outreach and public consultations strengthening stakeholder relations among government agencies, police services, advocacy organizations and the Ombudsman’s office.
She also has experience protecting personal and sensitive information and dealing with third party requests for information as the designated head of an institution pursuant to the Freedom of Information and Protection of Privacy Act.
Jeffrey Percival, Pallett Valo
Jeffrey Percival is a Member of Pallett Valo’s Employment Law Group, and a Member of the Commercial Litigation, Insurance Law and Construction Practices. Jeffrey’s practices focuses on employment and commercial litigation, representing private sector employer clients, manufacturing and engineering companies, Ontario-based entrepreneurs, national and multi-national corporations and non-profit organizations.
He has appeared before all levels of Ontario courts, including the Ontario Superior Court of Justice and the Ontario Court of Appeal. He has also appeared before various administrative tribunals, including the Workplace Safety and Insurance Appeals Tribunal, the Workplace Safety and Insurance Appeals Branch, the Ontario Human Rights Tribunal and the Ontario Labour Relations Board.
Jeffrey has significant expertise defending automotive manufacturers and engineering firms from product liability and professional negligence claims. He also provides Human Resources advising and defends claims against Ontario employers. Jeffrey has successfully defended architects and engineering firms at professional negligence trials and appeals. He has also defended public and private sector entities on Construction Law Act trust claims.
Jeffrey also acts in defamation (libel and slander) matters, estates litigation, as well as injunctive proceedings including Mareva Injunctions and Anton Piller Orders.
Kate Bresner, Pallett VAlo
Kate represents both unionized and non-unionized large and small businesses in the public and private sectors, as well as senior-level employees. She has appeared before the Ontario Court of Justice, the Ontario Superior Court of Justice, the Ontario Human Rights Tribunal, and in private arbitration and mediation.
Kate has experience advising on a broad range of employment and labour law issues, including compliance with Ontario workplace legislation, drafting employment and independent contractor agreements, developing workplace policies, and employer and employee obligations with respect to human rights and accommodation. Kate also has experience in advising on disciplinary matters, including how to respond to inappropriate off-duty conduct, inappropriate social media use, and bullying and harassment.
Lisa Bolton, Sherrard Kuzz LLP
Lisa is a highly accomplished litigator with significant experience acting for a wide range of public and private sector clients. A former General Counsel of a public, multinational company, Lisa’s understanding of and appreciation for both the client and litigator’s perspective enables her to help clients manage risk by providing effective business solutions and using litigation where beneficial to advance business goals.
Daryl Seupersad, Sherrard Kuzz LLP
Daryl is a skilled lawyer who provides advice and representation to businesses in a variety of labour and employment matters with particular emphasis on workplace safety and insurance, human rights and disability management. Prior to joining Sherrard Kuzz LLP, Daryl worked for a public sector agency specializing in management-side workers’ compensation matters. Daryl has taught labour and employment law at George Brown College.