Agenda

Day One: Tuesday, June 15, 2021

10:15 EDT

45 min
Susan Crawford

Overview: Discrimination, Harassment & Violence in Employment Law

Susan Crawford, Partner, Crawford Chondon & Partners LLP

  • 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 min
Norm Keith

Demanding New Federal Harassment & Violence Prevention Regulation

Norm Keith, Partner, Fasken Martineau DuMoulin LLP

  • 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 min

Break

14:15 EDT

60 min
Glenn French Dara Marcoccia Tanya Martin
Panel Discussion

Advice 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 min

Break

15:30 EDT

60 min
Jessyca Greenwood

Training Methodologies & Strategies for Success

Jessyca Greenwood, Senior Counsel, SpringLaw

  • 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

10:15 EDT

45 min
Samia Hussein

Discipline for Discrimination, Harassment & Violence

Samia Hussein, Lawyer, Sherrard Kuzz LLP

  • 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 min
Tanya C. Walker

Accommodation of Mental Health, Potentially Aggressive Employees and the Safety of Others- Where Do You Draw the LInes

Tanya C. Walker, Walker Law

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 min
Rika Sawatsky

What Obligation Do You As an Employer Have for Employees Experiencing Domestic Violence

Rika Sawatsky, Counsel, Ministry of the Attorney General, Civil Law Division, Constitutional Law Branch

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 min

Break

13:15 EDT

165 min
Jessyca Greenwood Samantha Seabrook

How to Conduct an Independent Internal Workplace Investigation That Withstands Scrutiny
Half Day Intensive for HR Professionals

Jessyca Greenwood, Senior Counsel, SpringLaw

Samantha Seabrook, Founder & Lawyer, Seabrook Workplace Law

Joel Smith, Partner, Williams HR Law LLP

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