Designed as a deeper learning experience for all professionals, certificates are intensive, practice-based programs taught by faculty with real-world experience.
Workplace Mental Health Law
Program Directors
Lauren Bernardi
Bernardi Human Resource Law LLP
Brian Gottheil
Bernardi Human Resource Law LLP
Eligible for
Creating and maintaining a mentally healthy workplace has never been more important.
Designed and taught by legal and mental healthcare experts, this intensive, practical certificate program is ideal for those who seek to better understand the applicable laws bearing on mental health issues in the workplace and to make use of the processes and best practices for reducing legal liability, while creating and maintaining a psychologically safe workplace
Practice case studies and accompanying toolkits and precedents will be provided to maximize your understanding of this evolving and notoriously vexing area.
Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
How to have the conversation when you are concerned about an employee’s mental health
To what extent do employers face a legal duty of care in relation to employees’ psychological wellbeing?
Does the existence of the voluntary National Standard for Psychological Health and Safety In the Workplace create a default standard by which courts will measure employers?
The effect of Bill 132 and the Occupational Health and Safety Act on employers’ duties
Are employers liable for negligent or intentional infliction of mental harm during the employment relationship and after it ends?
Accommodating mental health disabilities in the workplace
Addressing substance abuse problems – including impact on performance, legal liabilities, accidents, sick leave and benefit costs, and the status of ‘last chance’ agreements
Creating inclusive attendance management policies and return-to-work programs that appropriately consider mental health contexts
Early and successful return to work strategies
How unions, health and safety committees, occupational health nurses and employers can effectively work together and further the organization’s due diligence strategy
Who Should Attend
Human Resources Professional
Occupational Health & Safety Professionals
Disability and Return-to-Work Managers
Trade Union Representatives
Workplace Mental Health Professionals/Advocates
Employment and Labour Relations Consultants
Workplace Mediators and Arbitrators
Employment and Labour Law lawyers
Faculty
Program Directors
Lauren Bernardi
Bernardi Human Resource Law LLP
Brian Gottheil
Bernardi Human Resource Law LLP
Advisory Board
Donna Hardaker
Principal, Hardaker Consulting
Sapna Mahajan, MPH, PMP, CHE
Director, Genomics and Society, Genome Canada
Sari Sairanen
National Director, Health and Safety, UNIFOR
Instructors
Dr. Nadia Aleem
Mental Health Lead Physician, Insight Health Solutions, Trillium Health Partners
Marnie Baizley
SpringLaw
Dr. Ash Bender, MD, FRCP(C)
Occupational Psychiatrist and Assistant Professor, Faculty of Medicine, University of Toronto; Staff Psychiatrist, Centre for Addiction and Mental Health (CAMH)
Lauren Bernardi
Bernardi Human Resource Law LLP
Lina Di Carlo
Executive Director, Ontario Occupational Health Nurses Association (OOHNA)
Laura Freitag
Filion Wakely Thorup Angeletti LLP
Dr. Kenneth Fung
Clinical Director, Asian Initiative in Mental Health, University Health Network; Professor and Director of Global Mental Health, Department of Psychiatry, University of Toronto
Maria Gergin Phillips
Gergin Phillips Investigations
Doron Gold
The Lawyer Therapist
Brian Gottheil
Bernardi Human Resource Law LLP
Sapna Mahajan, MPH, PMP, CHE
Director, Genomics and Society, Genome Canada
Athan Makrinos
Whitten & Lublin Employment Lawyers
Christine O’Donohue
Miller Thomson LLP
Mitchell Rose
Mitchell Rose Professional Corporation
Susan Ursel
Ursel Phillips Fellows Hopkinson LLP
Ryan Wozniak
Wozniak Law Professional Corp.
Nana Yanful
Yanful Law
Shams Akhundova
HR Director, In-Common Laboratories
“[The] … presentations were insightful. The speakers were engaging and took time to answer questions from attendees.”
Agenda
In this essential context-setting session, two distinguished psychiatrists will explore how mental health issues manifest themselves in the workplace from an early stage, with discussion of clinically appropriate responses on the part of HR professionals.
Addressing Substance Abuse Issues in the Workplace
Can you require an employee living with an addiction to undergo testing and/or counselling?
Are last chance agreements discriminatory?
Undue hardship and safety issues
Practical case study (and possible solutions from both the employer and employee perspective)
Mental Illness: Recognizing the Signs at Work
Fulfilling the legal duties applicable to workplace mental health law first requires an appropriate awareness of mental illness and disability. This area is notoriously beset by fear and stigma, with the result that employers often assume that managing mental health issues will be more costly and difficult than it actually is. Mental health awareness dispels the stigma and provides a realistic basis for supporting and accommodating employees with mental health concerns.
Recognizing signs and symptoms of common workplace mental health problems
How to have the conversation with the employee
What to do if you believe the employee is not aware that he or she has a mental mental health issue.
Using the National Standard for Psychological Health and Safety in the Workplace – How Could Lawyers Advance the Law?
Does the existence of the voluntary National Standard for Psychological Health and Safety in the Workplace create a default standard by which the courts will measure employers?
Steps employers are advised to take to prevent “reasonably foreseeable” mental injuries to their employees
Understanding the indicia of the dividing line separating “reasonably foreseeable” harm from reckless or intentional harm
Mental Health and Workplace Harassment
Statistics on harassment · Prevention – how disrespect escalates in the workplace – the continuum of participation
The impact of harassment on individuals and teams
Productivity and job consequences
Tips for building psychologically healthy and safe workplace – empowering managers and pro-actively addressing workplace dynamics
How to prevent or repair toxic workplaces
The Impact of Oppression on Mental Health
The afternoon of Day 2 looks at the adverse effects of oppression on mental health, including anti-LGBTQ+ discrimination, anti-Asian discrimination and anti-Black discrimination. An expert, multi-disciplinary panel will focus on:
How oppression and bias fuels poor mental health outcomes
Exploring systemic solutions
Impact of Oppression on Mental Health – Case Study/Breakout Groups
Accommodating Mental Health Disabilities in the Workplace
The scope of the duty to accommodate and the process of accommodation: is it different in the mental health context?
The role and impact of the Ontario Human Rights Code in this area
The employee’s duty to disclose
Do employers have a duty to inquire?
Privacy rights and medical information: what can and should you ask for?
How should the medical information be assessed and by whom?
Early and Successful Return to Work After a Mental Health Related Absence
How to support an employee on a mental-health-related leave
How to work with the employee’s physician
How to reduce stigma and resentment from co-workers
Impact of LTD on an employee’s ability to return to work
Practical case study exercise
Preventing Burnout and Building Resilience – Panel Discussion
Burnout is one of the biggest challenges facing today’s workforce — but it’s also preventable. The final session of Day 3 session offers practical strategies to recognize early signs of burnout, reduce stressors at work, and support employee resilience. Through real-world examples and simple tools, you’ll learn how to create a culture that supports mental well-being and helps people thrive, not just survive, at work.
The National Standard for Psychological Health and Safety in the Workplace: Understanding and Implementing it in Your Workplace
Developed by the Canadian Standards Association and the Bureau de normalisation du Québec, the National Standard is a groundbreaking ‘voluntary set of guidelines, tools and resources focused on promoting employee’s psychological health and preventing psychological harm due to workplace factors’ (Mental Health Commission of Canada). This session – focusing on practical and legally sound approaches – will equip you to fully understand and utilize this powerful risk-reduction tool in your workplace.
Following a solution-oriented session on creating mindful leaders, helping overcome any disconnect between organizational leadership and employees, Day 4 closes with and “Implementing the Standard Q & A session.
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
November 4, 2025
9:00 a.m – 4:00 p.m (ET)
November 11, 2025
9:00 a.m – 4:00 p.m (ET)
November 18, 2025
9:00 a.m – 4:00 p.m (ET)
November 25, 2025
9:00 a.m – 4:00 p.m (ET)
Substitution of registrants is permitted prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the start of the program. If a cancellation request is made with less than 21 days notice, a $250 administrative fee will apply per person. Within 7 days of the program start date, no refund is available. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
To receive an Osgoode Certificate, you must view all program modules (either live or archived) and successfully complete an online post-program assessment within 30 days of the last module.
Sandy Scapillati, MBA
CHRL Executive Director, Etobicoke Medical Centre Family Health Team
“Great information. Great flow. Great speakers. Really great program. So helpful to my work.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Labour and Employment Law
Students typically complete the LLM in two years (6 terms).
Stay competitive with deep dives into the most critical issues in law. Taught by leading experts and designed for flexible learning, choose from multi-day programs or take courses at your own pace to build towards a certificate.
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
Unfortunately, no. Effective for all 2019 filings and subsequent years moving forward, the Canada Revenue Agency (CRA) has replaced T2202A’s with the T2202. Under the new CRA definition and criteria, our CLE short courses and certificate programs do not meet the definition of ‘qualifying educational program’. For this reason, we are unable to issue you a T2202. For more information, please visit the CRA site.
Program pages and brochures will include specific information including key dates, or see our Refunds & Cancellation Policies page.
Once a program reaches capacity, a waitlist will be created. This does not guarantee your registration in the program; however, it places you on a priority contact list. If any spots become available, you may be notified by email or phone to confirm if you would like to proceed with the registration. Once contacted, you will typically be given 24 hours to confirm your interest. If you do not confirm interest within the provided timeframe, you will be removed from the waitlist and the next person will be contacted.
A selection of our Certificates are eligible for OSAP funding.
Please note the following exceptions that may affect OSAP funding eligibility for our certificates:
Students receiving Second Career funding for a micro-credential during their study period are ineligible;
Although grants will not be converted to loans, a grant may become repayable if a student withdraws, is determined to be overpaid in grant funding, or income cannot be verified within one year;
A student cannot receive OSAP for micro-credential assistance for their study period if it overlaps with another micro-credential study period in which they are concurrently receiving OSAP for micro-credential funding. However, students may overlap their micro-credential study period with a study period that is part of a different full- or part-time program that they are concurrently receiving funding for through Full-Time OSAP or Part-Time OSAP, provided that OSAP funding was not assessed for the micro-credential course(s) through a Full-Time or Part-Time OSAP application.
NOTE: In order to obtain access to the program, full payment is required at least 1 business day prior to the first module of the program.
Job Grants
The Canada-Ontario Job grant may be applicable to employers seeking to train their staff. To find out if your organization is eligible for the grant and the program you wish to enrol in qualifies, visit: The MTCU Canada-Ontario Job Grant page
Many of our programs include 120-day unlimited, online access to view the recorded program. See the program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
Our programs are typically offered once annually, around the same time each year; however, there are a few exceptions where certain programs are offered multiple times throughout the year (i.e. The Certificate in Adjudication). To receive updates on all our new and upcoming program offerings, please click here to subscribe to our email list.
If the program includes access to the recording, you will have unlimited online access to the recorded content for 120-days from the end date of the program.
Access is only for the registered delegate. In the event of misuse, access can be revoked.
CPD hours for each program can be found on the program web page and program brochure. For questions regarding CPD hours, please email cpd@osgoode.yorku.ca
A limited amount of financial assistance is available for OsgoodePD Programs unless specific bursary information appears on the program page/program brochure. Head to our Financial Assistance page for more information.
Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
Our Continuing Legal Education (CLE) programs, ranging from one-hour briefings to more intensive certificate programs, are for all professionals. There are no general prerequisites for these programs; however, individual programs often have specific requirements to register. These are noted on individual program pages and .pdf brochures.
