Day One: Tuesday, June 9, 2020
08:30 EDT
10 minWelcome and Opening Remarks from the Chair
08:40 EDT
60 minChallenging Accommodation Requests: Exploring Recent Trends and Unusual Cases
Martin Thompson, Partner, 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 minCovid-19 and Workplace Accommodation
- 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 minBreak
11:00 EDT
90 minHarassment 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 minBreak
13:30 EDT
60 minUpdate on Family Status Accommodations
- 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 minAddressing Mental Health: Coping and Staying at the Workplace
- 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 minBreak
15:40 EDT
50 minWhen it All Goes Wrong: Top Accommodation Mistakes and How to Avoid Them
- Exploring common pitfalls in the accommodation process
- Employers that act too quickly or take too long to address accommodation issues
- Are you asking too few questions or too many? Join us to discuss real mistakes and how to avoid them
16:30 EDT
End of Day One
Day Two: Wednesday, June 10, 2020
08:30 EDT
10 minWelcome and Opening Remarks from the Chair
08:40 EDT
60 minConflicting Workplace Accommodations: Balancing Needs and Undue Hardship
- 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 minAccommodating 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 minBreak
11:00 EDT
60 minAccommodating Disability in Providing Digital Services to Employees – What Are the Standards in The Accessible Canada Act and Elsewhere?
- 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 minBreak
13:00 EDT
50 minThe Remote Workplace: Managing Employees That Telework
- 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?
13:50 EDT
60 minLeadership Throughout the Accommodation Process
Barry Pitcher, Training and Staffing Officer (retired), RCMP
- Engaging management in the process
- Putting the human element back in accommodation
- Showing support right from the top
14:50 EDT
20 minBreak
15:10 EDT
50 minCannabis in the Workplace
- An overview of recent developments on medical/recreational marijuana
- Accommodation obligations with medical marijuana
- Addressing concerns in a practical manner through policy
- The impact of edibles on the workplace
- How has the impact of marijuana in the workplace been in reality?
16:00 EDT
End of Day Two