Niagara: Half Day PD Event - Legal Panel

Date and Time

Starts:11/30/2022 8:30 AM

Ends:11/30/2022 1:00 PM

Registration Closes:11/24/2022 11:59 PM

Event Type: Professional Development

4 CPD Hour(s)

Johnny Rocco's - St. Catharines 271 Merritt Street St. Catharines, ON


HRPA Members: $45 | Non-Members: $65+HST

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Additional Information

Any required Proof of Vaccination and/or PPE safety protocols for this in-person event will be shared closer to the event date.

Event Sponsor

As HR professionals we tend to encounter many situations that don’t have a clear resolution and we often lean on the expertise of employment lawyers to help us make decisions and create plans for moving forward.

Please join us for a half day session where we can soak in the expertise and real life examples provided by the lawyers from Lakhani Campea LLP, a boutique law firm located in Oakville, Ontario.

The topics we will cover include the following:

Messing With My Head: Subtle or Insidious Harassing or Discriminating Behaviours 

  • Harassment and discrimination in the workplace is not always blatant or overt.
  • Behavior can be subtle, or based on bias/prejudices and manifest as differential, adverse or unwelcome treatment.
    How to identify subtle but unwelcome behaviors in the workplace?
    • Examples of subtle harassment (exclusion, gaslighting, hostility, or microaggressions, ) or discrimination - explained
    • Guiding principles to be gleaned from cases where courts have found [or not found] behaviour amounting to harassment or discrimination contrary to OHSA or Code.
    • Even if the behaviour does not rise to the level of bullying and harassment, it can poison the work environment
  • Practical Considerations
    • Where Do We Draw the Line?: Addressing Subtle and Inappropriate behaviors in the workplace
      • Respectful Workplaces & Awareness, Training
      • Protection from reprisal under OHSA s. 50
      • Performance management and legitimate management direction
      • Issue resolution best practices

 Not As Represented: What To Do When You Know An Employee Has Lied

  • Can an employer discipline or terminate an employee who misrepresented themselves during the hiring process?
    • Degree of seriousness of misrepresentation) – when does it matter?
    • Can employer repudiate (terminate)  the employment contract/relationship by employer?
      • Considerations- change terms or terminate for cause?
  • What if the misrepresentation is benign and the employee has no other performance concerns, can employer ignore/waive?
    • Consideration of risks & issues
    • Employer liability for ignoring the misrepresentation
  • Advice for ensuring recruitment process and employment contracts protect your organization from such misrepresentations

Learning Outcomes:

  • Learn which subtle behaviours can be considered harassment, performance management and legitimate management direction, along with the practical considerations such as protection from reprisal under OHSA s. 50
  • Learn what you should / should not do when you found our your new employee lied: Do you terminate or discipline the employee? Do you ignore the misrepresentation and, if so, is there a liability for doing so? How to ensure your contracts or offer letters protect your organization from such misrepresentations.

Registration: 8:30am
Breakfast: 9:00am
Presentation/Panel: 10:00am – 1:00pm
Closing Remarks: 1:00pm

A “no show/late cancellation” fee will be charged if cancellation is not provided to at least 3 business days in advance.

Registrations will not be accepted at the door

Any required Proof of Vaccination and/or PPE safety protocols for this in-person event will be shared closer to the event date.

Registration Difficulties or Questions: Please reach out to our Chapter Experience Coordinator, Tracey Gallacher

Speaker bio(s)
Zaheer Lakhani, Lawyer

Zaheer Lakhani is a partner at the boutique law firm Lakhani Campea LLP, which specializes in employment law, workplace investigations and litigation services. Called to the Bar in 1998, Zaheer advises and represents various sized employers as well as individuals  in a variety of areas such as human rights, including disability and accommodation; wrongful dismissal claims; employment standards compliance and litigation, and general strategic HR advice.

Zaheer is frequently sought out to provide third party investigation services for various employers including municipal clients, school boards, and Canadian Universities. In the spring of 2020, his investigation involving the conduct of an elected school board trustee was referenced in various news media including the Ottawa Citizen, CBC, Toronto Star and the Globe and Mail.

Zaheer has also appeared as a guest on CBC Radio and Radio Canada to discuss discrimination and toxic workplaces and he was quoted by the Canadian Safety Reporter in an article related to workplace harassment. Zaheer has delivered presentations on a variety of topics on behalf of various chapters of the Human Resource Professional’s Association (HRPA), the HRPA’s annual conference, as well as the Ontario Municipal Human Resources Association (OMHRA) Spring and Fall Conference. Most recently, he delivered a presentation discussing the Impact of Racial Bias and Racism in the Workplace.

Melanie Smith

Melanie has been practicing law since 2003. Prior to joining Lakhani Campea LLP, Melanie gained significant industry experience, having spent over 15 years acting as in house counsel for several Canadian mining companies advising on a broad range of legal matters. Melanie provides strategic advice to clients on drafting employment agreements, workplace policies, wrongful dismissal, human rights, and privacy issues. Her expertise includes advising HR departments on positive employee relations, conducting workplace investigations, advising on workplace drug and alcohol testing, and conducting workplace training on regulatory compliance and policy implementation. Melanie is a member of the Law Society of Ontario and a former member in good standing of the Law Societies of British Columbia, Northwest Territories and Nunavut. When not practicing law, Melanie loves spending time with her family, sailing on Lake Ontario, improving her tennis game, and travelling to places unknown. Education: 1996: Bachelor of Science Linguistics, University of Victoria 2002: J.D, University of British Columbia Law School

Melissa Mustafa

Melissa Mustafa is an associate lawyer at Lakhani Campea LLP, a boutique law firm located in Oakville, Ontario that specializes in employment law and litigation services. Melissa’s practice includes wrongful dismissal litigation, human rights applications, advising on termination packages, drafting employment agreements, workplace investigations, labour disputes and collective bargaining. Originally from Australia, Melissa relocated to Canada in 2014 after completing her law degree and articling at a full-service firm in Sydney. Melissa was called to the Ontario Bar in June 2017. Melissa is an active volunteer with Lawyers Feed the Hungry, Pro Bono Ontario’s Free Legal Advice Hotline and South Asian Women in Law. Melissa has spoken about and delivered training on various employment law topics, most recently at the 2019 OMHA Spring Conference and the HRPA 2020 Annual Conference.