Day One: Tuesday, June 15, 2021
10:00 EDT
15 minWelcome and Opening Remarks from the Chair
10:15 EDT
45 minOverview: Discrimination, Harassment & Violence in Employment Law
- Discrimination, Harassment & Violence in employment law
- Varying definitions, interpretations and understanding of the challenge
- Human Rights law: a cross Canada perspective
- The growing importance of OHS legislation & regulations
- Privacy “laws” and respect in the workplace
- Don’t forget the Criminal Code in your compliance program
11:00 EDT
60 minDemanding New Federal Harassment & Violence Prevention Regulation
- New Federal Harassment & Violence Prevention Regulation
- Legal requirement for a workplace H&V hazard assessment
- New mandatory elements of an employer’s H&V policy and training
- Intake of complaints and protection of privacy & dignity
- New requirements for investigators and investigations
- Resolution options, preserving evidence and litigation
- Prevent and protect employees against occurrences of harassment and violence
- Provide support to employees affected by harassment and violence in the workplace
- Investigate, as per regulation, occurrences of harassment and violence that are known to the employer
12:00 EDT
45 minBreak
12:45 EDT
60 minBest Practices in Conducting a Harassment & Violence Hazard Assessment
Carla Oliver, Occupational Health and Safety Consultant, Fasken Martineau DuMoulin LLP
- Conducting a H&V Assessment is a Best Practice
- Assembling a Team: mandatory & advisory members
- Methodology, check lists, and division of labour
- When the team disagrees on what is a hazard
- Incorporating assessment results into policy & program
13:45 EDT
30 minRoadmap for Prevention and Management
Glenn French, President and CEO, The Canadian Initiative on Workplace Violence
Understanding what safeguards you already have in place is your organization’s first step in meeting your legislative requirements. Mr. French will outline the critical elements of a comprehensive workplace violence and harassment prevention plan and set the scene for the following panel discussion.
14:15 EDT
60 minAdvice From Leaders in the Field: Bell, Trillium Health Partners, Jazz Aviation
Moderator: Glenn French, President and CEO, The Canadian Initiative on Workplace Violence
Dara Marcoccia, Director, Human Resources, Trillium Health Partners
Tanya Martin, Manager, Human Resources, Central & Western Canada, Jazz Aviation LP
Catherine Lafontaine, Senior Manager – Workplace Practices, Bell
- Challenges faced in developing and implementing a comprehensive workplace violence and harassment prevention program.
- Emerging trends and complicating issues in their workplaces.
- Mastering labour and Union relationships
- Addressing individual threats of violence
- Protecting and promoting psychological safety in the workplace
- Considerations when determining if aggressive behaviour is actionable or symptomatic of a medical condition.
- Addressing Domestic violence
15:15 EDT
15 minBreak
15:30 EDT
60 minTraining Methodologies & Strategies for Success
- Why training is critical to Harassment & Violence Prevention
- How much “law” does good training cover?
- Need to review Employer’s Policy and the need for acknowledgement of receipt
- Value of case studies in Harassment & Violence Training
- The risk and rewards of role play in Harassment & Violence Training
16:30 EDT
End of Day One
Day Two: Wednesday, June 16, 2021
10:00 EDT
15 minWelcome and Opening Remarks from the Chair
10:15 EDT
45 minDiscipline for Discrimination, Harassment & Violence
- Accountability of all employees to follow corporate policies
- What is the proper standard to measure behaviour against?
- Is Progressive Discipline always needed when H&V occurs?
- Is there a different standard between union v non-union employees
- Recent case examples and guidance for employers
11:00 EDT
45 minAccommodation of Mental Health, Potentially Aggressive Employees and the Safety of Others - Where Do You Draw the Lines
There is a serious obligation to keep the workplace and all employees safe. There is also a serious obligation to accommodate and not discriminate against employees with mental illness, some of whom could be potentially volatile employees. This session will cover:
- What the law requires in various situations
- Has anything changed with the new Federal provisions?
- What does case law say about (a) the tension between keeping the workplace safe and (b) accommodating employees who might pose a threat to others, without (c) discriminating against those with a mental disability?
11:45 EDT
45 minWhat Obligation Do You As an Employer Have for Employees Experiencing Domestic Violence
When family violence follows a victim to work, it becomes a workplace issue. An aggressor can present a risk to the victim or others in the workplace itself. A study of domestic violence in Canada and its impact on the workplace has found more than one third of workers across the country have experienced domestic violence in their lifetime, and for more than half of those affected, the violence followed them to work.
This session will cover:
- What is family (domestic) violence?
- Is it a workplace issue?
- Impact of family violence on the workplace
- Laws protecting workers from family violence in the workplace
- Leave provisions
- How far does the general duty across jurisdictions to ensure all employees have a safe and healthy workplace extend?
12:30 EDT
45 minBreak
13:15 EDT
165 minHow to Conduct an Independent Internal Workplace Investigation That Withstands Scrutiny
Half Day Intensive for HR Professionals
HR Professionals need to know what to do when there are allegations of harassment, bullying, discrimination or violence in the workplace. This intensive half-day workshop will provide a solid foundation for investigations that will lead to good decision-making and reports that withstand scrutiny.
- When is an employer required to investigate allegations?
- When does behaviour cross the line?
- How to handle complex and/or sensitive matters
- Principles of investigation
- Can you do the investigation in house or do you need an external investigator?
- Investigation planning – creating a blueprint
- How to conduct an interview including skills and tools
- Zeroing in on what’s important
- Managing the evidence
- Findings of fact
- Drawing conclusions and using the evidence to support the findings
- Writing a clear report that will withstand scrutiny
- Post-report considerations and activity
16:00 EDT
End of Day Two