Day One : Tuesday, July 28, 2020

10:00 EDT

10 min

Welcome and Opening Remarks from the Chair

10:10 EDT

45 min

Best Practices in Health and Safety

  • The employer obligation to take all reasonable precautions to protect the health and safety of a worker in the workplace during COVID-19.
  • Appropriate hygiene and physical distancing protocols
  • Use of Personal Protective Equipment
  • What precautions are required to reduce the risk of transmission to others?
  • Communicating health and safety measures and policies to employees and ensuring their safety on return
  • What actions minimize chances of a successful employee complaint?
  • How to deal with presumptive or confirmed cases of COVID-19
  • Relevant Scenarios – apply what you’ve learned
  • Questions?

10:55 EDT

45 min

Employee Recall and Return to Work

  • Developing a recall plan
  • Return to work in union and non-union environments
  • Factors to guide recall decisions
  • Return to work and the collective agreement
  • Adjustments to working conditions including scheduling, compensation and remote work
  • Prepare and train employees (new and returning) on policies and protocols to reduce COVID-19 transmission in the workplace
  • Addressing concerns over transportation – ride sharing, parking and mileage reimbursement
  • Relevant Scenarios – apply what you’ve learned
  • Questions?

11:40 EDT

45 min

The Screening Process and Inherent Privacy Considerations During a Pandemic

  • How to protect personal health information collected from employees and visitors through screening measures
  • Can temperature screening be required?
  • Balancing employee privacy and maintaining a safe workplace
  • Requirements under PIPEDA and common law privacy rights
  • When is an employer entitled to request medical (and other) information?
  • Relevant Scenarios – apply what you’ve learned
  • Questions?

12:25 EDT

45 min


13:10 EDT

45 min

The Risk of Constructive Dismissal Claims: Layoffs and Changes to Working Conditions

  • When will a temporary layoff be deemed termination of employment?
  • When does a layoff amount to a unilateral, fundamental breach of the employment contract?
  • Can changing work conditions result in constructive dismissal?
  • What risk mitigation steps can employers take to avoid successful constructive dismissal claims?
  • When is the employee entitled to common law reasonable notice of termination (or pay in lieu of notice)?
  • Legislative considerations
  • Relevant Scenarios – apply what you’ve learned
  • Questions?

13:55 EDT

60 min

Absenteeism, Attendance, Accommodation Issues in a Covid-19 World

  • When should an employee be required to remain at home?
  • Remote work arrangements and policies
  • COVID-19-related protected leave under the Employment Standards Act, 2000
  • Duty to accommodate disability and family status under human rights legislation
  • Responding to a request for accommodation
  • Is there an obligation to provide accommodation for childcare or eldercare?
  • Addressing employee fears for return to work
  • Addressing work refusals under Occupational Health and Safety legislation
  • Culpable versus non-culpable absenteeism
  • Relevant Scenarios – apply what you’ve learned
  • Questions?

14:55 EDT

65 min

Q & A

Any questions that haven’t been answered? Ask our experts.

16:00 EDT

End of Day One