Advanced Human Resources Law for Senior HR Executives

Job Postings and Conducting Job Interviews 

• Best practises for job postings and the implications of not following them
• Inaccurate or misleading job descriptions: is there a duty of care between a candidate and the employer, and if so, what are the practical consequences of breaching that duty?
• Identifying potential discrimination in the job advertisement/description: ensuring that your hiring practises comply with all applicable laws
• How do the courts interpret Bona Fide Operational Requirements (BFORs) and their limits?
• Tips to avoid/minimize risk of inducement
• Permissible and impermissible questions in conducting the job interview: beyond the obvious
• Checking the applicant’s social media profile and avoiding the pitfalls
• Potential human rights claims resulting from job postings/advertisements

Drafting Effective Employment Agreements

• What are the legal implications of an offer letter?
• Tips and tools for crafting a valid, enforceable contract congruent with organizational needs
• Avoiding the errors that can unexpectedly make an employment contract unenforceable
• How to protect against constructive dismissal claims: the art of incorporating appropriate flexibility into the job description
• The scope of termination provisions to include in employment contracts
• Non-compete and non-solicitation agreements: current judicial thinking on the protection of legitimate business interests and ‘reasonable’ restrictive covenants
• Drafting provisions relating to severance pay, bonuses, commission, stock options, career counseling, continuance of benefits: how to avoid going wrong

Employment Policies 

Organizations invest substantial time and money in devising, reviewing and maintaining employee handbooks and policies. Careful preparation of these policies, appropriate dissemination and consistent application will help to reduce the risk of litigation and protect against costly employment claims. What should go into employment policies and what should not? How can organizations ensure that those policies are regularly updated and consistently applied?

• Determining the policies your organization needs
• How to effectively communicate the organization’s values and expectations and implement its policies
• The essential scope of policies and procedures: harassment, privacy, use of technology/social media, benefits, discipline, and absenteeism
• Policy hazards and omissions and taking steps to ensure that policies will be enforceable
• Conducting effective policy and handbook reviews and updating

Performance Management: A Comprehensive Guide to the Legal Landscape

• Tools for effectively assessing and managing performance
• Establishing specific, measurable objectives
• Performance Improvement plans: key considerations in managing challenging employees
• Communicating expectations and consequences effectively
• Human rights issues and accommodation
• How are the standards and evidentiary requirements for showing ‘undue hardship’ evolving?
• Creating a record you can rely upon for discipline and potential dismissal

Fireside Chat
Hear from some of the country’s leading human resources experts on one of the topical issues of the day.

Mark Edgar, Chief People Officer, Wajax
Andrea Garson, Chief People Officer, Guardian Dentistry Partners
Gordana Terkalas, Chief People Officer, Aecon

This day focuses on preventing or minimizing the risks and extent of liability in the areas of employee misconduct, discipline and dismissal, and highlights the best practises to adopt to enable you to avoid costly errors and mistakes. 

• Just cause – the latest cases and tips and strategies for building and documenting the case
• What amounts to condonation of, or acquiescence in, misconduct?
• Investigating alleged or suspected misconduct
• Assessing proportionality in the context of a just cause dismissal
• What are the consequences if cause is alleged but is not proven?
• Terminations without cause: the latest judicial trends in determining notice requirements
• How do you go about structuring a severance package, and how do you deal with claims for bonus, commissions, pension plans, life and health insurance benefit extensions?
• Drafting releases that work: how to draft an effective release and waiver of claims, and when to ask for a release
• What effect does a release have in the context of a human rights complaint?
• The duty to mitigate: how far does the law require ex-employees to go?
• Best practises for conducting termination interviews
• Dismissal meetings: when, where, who and how long?
• Tips for giving references

Fireside Chat: To Terminate With or Without Cause?

Jill Bartley, Chief Operations Officer, Hope and Healing International
Caroline Stephens, Former Chief Human Resources Officer, Interac Corp.

In the closing day of the program, you will receive detailed guidance on what happens if an employment case hits the courts or tribunals, as well as the key considerations to bear in mind regarding discoveries, mediation, arbitration
and settlement. 

• Limitation periods for claims before the courts
• Pleadings
• Mediation
• Costs and settlement offers
• Examination for discovery
• Summary judgment
• Pre-trial
• Trial and beyond
• Human rights and other claims
• Enforcing restrictive covenants: practical considerations

There will be a one hour break from 12:00 p.m. – 1:00 p.m. each day of the program. In addition, there will be 15 minute scheduled morning and afternoon breaks.