Agenda

Day One : Tuesday, June 9, 2020

08:30 EDT

10 min

Welcome and Opening Remarks from the Chair

08:40 EDT

60 min
Martin Thompson Kyle Lambert Marie-Eve Jean

Challenging Accommodation Requests: Exploring Recent Trends and Unusual Cases

Martin Thompson, Partner, McMillan LLP

Kyle Lambert, Partner, McMillan LLP

Marie-Eve Jean, Associate, McMillan LLP

  • An exploration of recent case studies, from the most common to the unusual
  • A look into the future of the duty to accommodate
  • How the duty to accommodate reflects the modern workplace
  • What are the cases pushing the boundaries of reasonable accommodations?
  • Where are there gaps in recent jurisprudence?

09:40 EDT

60 min

Covid-19 and Workplace Accommodation

Michael Sherrard, Sherrard Kuzz LLP

  • Return to work – coming back from Covid-19
  • Employment standards – requests for continuing leave
  • Human Rights based accommodation
  • Protective Physical Equipment
  • Transportation to and from work
  • Workers who are more susceptible or care for others who are more susceptible
  • Screening protocols
  • Privacy issues
  • Health and safety issues
  • Work refusals

10:40 EDT

20 min

Break

11:00 EDT

90 min
Liz Horvath

Harassment in the Workplace: Addressing Prevention and Workplace Culture

Liz Horvath, Manager, Workplace Mental Health, Opening Minds, Mental Health Commission of Canada

Effective prevention and management of workplace harassment is not focused on legal compliance. It requires more than training, reporting, investigation and mitigation. Underlying and systemic issues in the workplace that can enable and even perpetuate workplace harassment need to be addressed to build a workplace culture where harassment is unlikely and not tolerated. In this session, you will learn how proactive management of psychological health and safety in the workplace can be used as an effective method for preventing and addressing workplace harassment.

Learning objectives:

  • Understanding the true impact of workplace harassment
  • What to do when an employee is being harassed
  • Effectiveness of reactive measures versus preventive measures
  • How to address workplace factors to building and restoring trust
  • How incorporating a framework like the National Standard of Canada on Psychological Health and Safety in the Workplace can help to address systemic and underlying issues

12:30 EDT

60 min

Break

13:30 EDT

60 min
Caroline Richard

Update on Family Status Accommodations

Caroline Richard, Partner, Bird Richard LLP

  • An overview of recent developments in family status accommodation matters
  • The employer’s and employee’s role in finding work-life balance
  • Drawing the line on necessary accommodations
  • Addressing the concerns of recent family status accommodation requests
  • Will family status accommodation requests continue to increase?

14:30 EDT

50 min
Martine Oliveira

Addressing Mental Health: Coping and Staying at the Workplace

Martine Oliveira, Director, AGS Rehab Solutions Inc.

  • Developing effective strategies to address mental health challenges in the workplace
  • Recognizing the early signs that an employee is struggling and initiating meaningful conversation in a respectful and supportive manner
  • Encouraging employees to stay at work through effective attendance management strategies and to return to work if they need to be off due to mental health concerns
  • Redirecting employees that appear to be in need to appropriate care/services such as EAP and other community based services

15:20 EDT

20 min

Break

16:30 EDT

End of Day One

Day Two : Wednesday, June 10, 2020

08:30 EDT

10 min

Welcome and Opening Remarks from the Chair

08:40 EDT

60 min

Conflicting Workplace Accommodations: Balancing Needs and Undue Hardship

Jill Lewis, Lawyer, Nelligan O’Brien Payne LLP

  • How to manage workplace accommodations when they conflict
  • What are the steps an employer must take before claiming undue hardship?
  • What are the legal obligations when addressing multiple employees with valid claims?
  • Addressing the potential for conflicting rights
  • Case studies that show what happens in practice

09:40 EDT

60 min
Glenn French

Accommodating Difficult Employees: Violence in the Workplace

Glenn French, President, Canadian Initiative on Workplace Violence

  • Considerations when accommodating a difficult/potentially aggressive employee
  • Managing external caregivers/medical professionals: asking the right questions
  • Managing the impact on the workplace and when to consider termination
  • Safety considerations when terminating an employee of concern
  • The evolving definition of workplace violence; screening for potential threats
  • Importance of ‘Perceived Personal Control’ and workplace violence

10:40 EDT

20 min

Break

11:00 EDT

60 min

Accommodating Disability in Providing Digital Services to Employees – What Are the Standards in The Accessible Canada Act and Elsewhere?

David MacDonald, President, CanAdapt

  • Accessible Canada Act, update, status and overview
  • What are the implications of this legislation in the context of digital government services?
  • The relationship between the Standard on Web Accessibility, the Accessible Canada Act, and WCAG
  • Integrating the Web Content Accessibility Guidelines (WCAG)
  • Questions and Answers: bring those hard questions to an 18 year veteran of the WCAG

12:00 EDT

60 min

Break

13:00 EDT

50 min
Stephanie Lewis

The Remote Workplace: Managing Employees That Telework

Stephanie Lewis, Counsel, Dentons

  • Does the employer have any obligations with respect to the employee’s workspace? When does the Occupational Health and Safety Act apply?
  • Managing remote employees with confidential information
  • Appropriate methods of communication
  • Temporary situations and returning-to-work
  • At what point is the employer being asked to exceed their duty?

14:50 EDT

20 min

Break

16:00 EDT

End of Day Two