Designed as a deeper learning experience for all professionals, certificates are intensive, practice-based programs taught by faculty with real-world experience.
Human Resources Law for HR Professionals
Program Directors
Natalie C. MacDonald
MacDonald & Associates
Stuart E. Rudner
Rudner Law
Eligible for
The law of the workplace – learn what you need to know in this leading-edge certificate program
Being on the top of your game and the complex rules and regulations governing the workplace has never been more important. Get to know the key challenges and the strategies and tactics necessary to overcome them.
Do you have a solid understanding of the ever-evolving laws governing the employment relationship and the risks for employers? Do you know the law in regard to drafting employment agreements; conducting workplace investigations and addressing the myriad problems surrounding discipline and dismissal?
Benefit from our distinguished faculty’s expertise and practical insights in these and other key areas, in the 13th annual offering of this highly acclaimed Certificate program.
What You’ll Learn
Designed specifically for human resource professionals by leading employment lawyers, this comprehensive 5-day program focuses on the key laws that impact the employment relationship.
Do’s and don’t’s when drafting employment agreements
Navigating the Employment Standards Act, including:
overtime pay
minimum wage
leaves of absence
pregnancy leave
personal emergency leave
employees’ obligations when on leave
termination of employment, and
severance pay
Resolving Human Rights Code claims
Addressing equity, diversity and inclusion obligations, with tips and tools for reducing discrimination complaints
Occupational health and safety: the key provisions
Practical strategies regarding the duty to accommodate
Practical considerations when assessing the legitimacy of a refusal of unsafe work
preparing and writing an effective investigative report
Terminating the employment relationship and minimizing your legal exposure
The challenges posed by employees’ use of social media and its impact on the workplace
Who Should Attend
HR Professionals/Executives
VPs/Directors/Managers of Human Resources
VPs/Directors/Managers of Labour Relations
Disability and Return to Work Managers
Training and Benefits Specialists
HR, Employment and/or Labour Relations Consultants
Mediators and Arbitrators of Employment and Labour Law Disputes
HR Consultants
Business Owners
Employment and Labour Law Lawyers
Matt LeMaire
VP of People & Operations, Peel Mutual Insurance
“The difficulty and potential pitfalls and dangers of investigations and terminating an employment relationship are topics which can always use more fleshing-out and… the sessions were excellent in that regard. They will surely prove useful in helping protect our organization”
Faculty
Program Directors
Natalie C. MacDonald
MacDonald & Associates
Stuart E. Rudner
Rudner Law
Advisory Board
Michael Bach
Founder and CEO, Canadian Centre for Diversity and Inclusion
Sunil Kapur
Partner, McCarthy Tétrault LLP
Richard J. Nixon
Partner, DLA Piper (Canada) LLP
Mardi Walker
Executive Counsellor at McLean & Company
Ryan Campbell
Assistant General Counsel & Head of Global Employment Law, RBC
Sarah Crossley
Filion Wakely Thorup Angeletti LLP
R. Mark Fletcher
Grosman Gale Fletcher Hopkins LLP
Tedd Flett
Zubas Flett Law
Behzad Hassibi
Israel Foulon Wong LLP
John Illingworth
Mathews, Dinsdale & Clark LLP
Natalie C. MacDonald
MacDonald & Associates
Christopher Randall
MacDonald & Associates
Stuart E. Rudner
Rudner Law
Krista Siedlak
Turnpenney Milne LLP
Lisa Stam
SpringLaw
Titus Totan
DLA Piper (Canada) LLP
Monty Verlint
Littler LLP
Ozlem Yucel
Turnpenney Milne LLP
Agenda
Introduction
Ice breaking session ‑ introduce yourself and learn who’s in the group
Morning Session
This session addresses several of the critical issues in the hiring process.
Writing job descriptions – dos and don’ts
Screening and interviewing job applicants
The impact of social media in the hiring process
Privacy obligations
Negligent misrepresentation and inducement
Drafting employment agreements – key components and format
What clauses should always be included?
Employment duties
Compensation and benefits and bonuses
Termination provisions
Non‑competition, confidentiality and restrictive covenants
Afternoon Session
This intensive session is designed to deepen your understanding of key provisions of the Employment Standards Act. There will be ample opportunity for questions and discussion.
The scope of the ESA – who’s covered by it and who’s not?
Hours of work; overtime pay; minimum wage; public holidays
Vacation with pay
Equal pay for equal work
Leaves of absence – when does an employee qualify?
Pregnancy leave; parental leave; family medical leave
What obligations do employees have when on leave?
Tips for devising appropriate leave policies
Termination of employment
General notice requirements
Individual vs. mass terminations – what are your obligations?
What are the requirements during the notice period?
Complaints and enforcement
Morning Session
Occupational Health and Safety Compliance in Ontario
Occupational Health and Safety – an overview of the statutory regime
Workplace parties: who is an employer: who is a worker?
Joint health and safety committees: duties and responsibilities
Refusing unsafe work
Due diligence: meeting the standards of your industry
What happens if there is an accident? A checklist of dos and don’ts
Workplace violence and domestic abuse issues
Sexual violence
Facing challenges under Bill 132 and Bill 168
Afternoon Session
The afternoon session will focus on equity, diversity and accommodation.
The Ontario Human Rights Code – application and scope
Guidance for interpreting the Code
How the Human Rights Tribunal of Ontario operates and its powers and remedies
What is discrimination? Analysis of:
Sex discrimination
Race discrimination
Disability discrimination
Age discrimination
Religious beliefs
Sexual orientation
Human rights claimed in the court process
Strategies to prevent/address human rights issues
Duty to accommodate requests regarding:
Family status
Aging workers
Observance of religious beliefs
Sexual orientation
Addiction
Workshop: Human rights and accommodation group exercise – an opportunity to delve more deeply into the tricky area of workplace accommodation using realistic examples.
Failure to stay on top of issues and to conduct a proper investigation can expose your organization to considerable risk. When faced with allegations of employee workplace misconduct you must be equipped to conduct a proper and effective workplace investigation. You need to know when to act and how. To do so, you must be aware of the laws that govern the investigative process and the problems and pitfalls that can trap the unwary.
The Investigative Process and Pre‑Investigative Steps
Objective of the investigation
Role of advisors and role of the investigator
Getting it in writing
Preparing an investigation plan – exercise: prepare the plan
Documentation
Interviewing
Listening skills – active listening exercise
What to tell the complainant, respondent and witnesses
Creating the right questions
Why people are reluctant to complain
Confidentiality
Off‑the‑record statements
Making a Finding and Preparing the Report
One person’s word against another’s
Assessing credibility
The burden of proof
Similar fact evidence
After a Finding
Remedies to consider
What if the complaint is malicious?
Preventing retaliation and further incidents: tips and tools
Statutory requirements for lawful terminations
Drafting the termination letter: what should go in it and what shouldn’t
Dismissal for just cause: tips for building and documenting the case
Can an employee’s off duty (or pre‑hire) conduct amount to just cause?
The effect of condoning misconduct
Termination without cause: best practices
Structuring the severance package – dealing with claims for bonuses, commissions, pension plans, life and health benefit extensions
Important considerations relating to large scale terminations
Releases that work
What impact will a release have on a subsequent human rights complaint?
Requests for references: what should you do?
The role of arbitration and mediation in the context of terminations
Morning Session
Social media is an area of law that is rapidly developing as one of the most interesting and complex in the employment relationship. Our expert faculty tackles the major potential pitfalls facing employers in this area today. Topics include:
The prevalence of social media: what are the concerns for employers
Using social media in the hiring process
The ownership of social media accounts
Tips for adapting the employment contract to address social media issues
The impact of social media on restrictive covenants
Confidentiality conundrums
The “rogue” employee – monitoring the employee’s online activity and disciplining offenders
The employee’s expectation of privacy inside and outside the workplace
Tips for developing a social media policy
Afternoon Session
Group Exercise: Pulling it All Together
Advance your practical skills by applying your experience and the knowledge you’ve learned in the program to a realistic case study that raises challenging HR law issues – of the kind you are likely to encounter within your organization.
Jennifer Christian
The Guild of Automotive Restorers
“This course is a wise investment for any company that wants to ensure a profitable and positive future with a happy and healthy workforce. The program content was excellent and the all of the speakers were engaging and informative.””
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
March 28, 2023
9:00 a.m – 4:30 p.m (ET)
April 4, 2023
9:00 a.m – 4:30 p.m (ET)
April 19, 2023
9:00 a.m – 4:30 p.m (ET)
April 26, 2023
9:00 a.m – 4:30 p.m (ET)
May 3, 2023
9:00 a.m – 4:30 p.m (ET)
Substitution of registrants is permitted at any time. 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 program date. If a cancellation request is made with less than 21 days notice, a $150.00 administration fee will apply. No other refund is available.
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 complete all program modules, and successfully complete an online assessment within 30 days of the last module.
CPD & 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.
30 continuing professional development (CPD) hours under Section A3 of the continuing professional development (CPD) log of the Human Resources Professionals Association (HRPA)
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 Relations 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.
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.
Once a program reaches capacity, a wait list will be created. This does not guarantee your registration, however it places you on the priority list. If any spot opens, you will be notified via email or phone.
If you are not able to formally register in the program, you will be able to register for the next offering before registration formally opens.
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.