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Previous Events

OBA Alternative Dispute Resolution Program

Date: June 13, 2019

Time: 11:30 AM - 1:30 PM

Location: OBA Conference Centre, 20 Toronto Street, 2nd Floor, Toronto, ON, M5C 2B8

ADR Clauses and Employment Contracts: How to Avoid Costly Litigation

Dispute clauses in employment agreements can help prevent costly litigation. Equip yourself with the knowledge to understand and draft effective alternative dispute resolution (“ADR”) clauses in employment contracts. Join our faculty as they address:

  • Benefits and operation of ADR clauses in employment contracts: should you consider requiring negotiation, mediation and/or litigation arbitration of employment disputes?
  • How poorly drafted ADR clauses in employment contracts can derail mediations: a mediator’s perspective
  • Is your ADR clause enforceable? The cautionary tale of Heller v. Uber Technologies Inc.
  • Is confidential arbitration inappropriate for some employment issues? Why Google, Facebook, Uber and Microsoft have stopped requiring private arbitration of harassment claims in the U.S.
  • Can employers contract out of Human Rights Tribunal of Ontario jurisdiction?
  • Best practices in drafting ADR clauses – stepped resolution clauses, considerations and drafting strategies

Featuring experienced employment counsel Sara Parchello, Alex Van Kralingen and employment lawyer/mediator Stuart Rudner.

RNC Employment Services Employer Lunch and Learn

Date: April 24, 2019

Time: 11:30 AM - 1:00 PM

Location: 222 Wellington St E, Aurora, ON

Employment Law 101 Plus Employment Standards Act Review: What’s New?

Brittany Taylor is presenting.

In Canada, the laws are designed to protect employees, and it is critical that employers understand their rights and obligations in order to avoid mis-steps, minimize the risk of claims, and maximize their rights.

The working relationship between employers and employees can be confusing, especially when the rules keep changing. Verbal and “handshake” agreements do little to protect the employer. Similarly, a badly drafted employment contract will do little to protect employers from significant obligations and liabilities.

Take a strategic approach to your HR practices during hiring and termination to make sure you minimize risks and complications.

In this online session, we’ll share:

  • Best practices for hiring, and how to avoid pitfalls;
  • The essential elements of drafting and implementing employment contracts;
  • Strategic use of policies;
  • Keys to minimizing risks of human rights claims; and
  • Best practices for discipline, dismissal, and performance management.

This webcast is approved for 1 HRPA credit. You must attend the live session to be eligible.

 

Stuart and Shaun are presenting.

View the on-demand webcast.

Infonex Professional Development: Managing Your Duty to Accommodate

Date: March 26, 2019

Time: 10:00 AM - 11:00 AM

Location: Ottawa, ON

Accommodating Gender Identity and Expression
Brittany Taylor, Associate Lawyer, Rudner Law
  • Understanding the role of gender identity in the workplace
  • The gender spectrum
  • How to collaborate with employees requiring accommodation
  • The key elements to consider when accommodating transgender employees
  • The inclusion of gender identity into your code of conduct
  • How to acclimatize your workforce respectfully

More Information / Register

The Osgoode Certificate in Human Resources Law for HR Professionals

Start date: March 26, 2019

End date: April 30, 2019

Location: Osgoode Professional Development Centre, 1 Dundas St. W., 26th Floor, Toronto, ON

Stuart is the co-Director of this program.

Do you have a solid understanding of the still-evolving laws governing the employment relationship and its risks for employers? Can you appropriately conduct workplace investigations and implement practical, timely solutions? Benefit from our distinguished faculty’s expertise and insights in these and other key areas, at this eleventh offering of the acclaimed Certificate program.

Key takeaways from this certificate:

  • “Dos” and “Don’ts” when drafting employment agreements
  • Determining who is covered by the Employment Standards Act and navigating key issues, including:
    • overtime pay
    • minimum wage
    • leaves of absence
    • pregnancy leave
    • personal emergency leave
    • employees’ obligations when on leave
    • termination of employment, and
    • severance pay
  • Resolving Human Rights Code claims
  • The requirements and impact of Bill 132
  • Addressing equity, diversity, and inclusion obligations, with tips and tools for reducing discrimination complaints
  • Occupational health and safety: the key provisions
  • Practical strategies regarding the duty to accommodate
  • Practical considerations when assessing the legitimacy of a refusal of unsafe work
  • A comprehensive guide to conducting workplace investigations:
    • pre-investigative steps
    • the investigative process
    • best practices for the interview process
    • making a finding and preparing your report, and
    • remedies to consider
  • Terminating the employment relationship and minimizing your legal exposure
  • Checking references: what you can and cannot do
  • What is included in an effective release
  • The workplace in the social media age: confronting the challenges and risks

Lancaster House – Big Issues in Fine Print

Date: January 31, 2019

Time: 12:30 - 2:30 PM

Location: Audio Conference

Big Issues in Fine Print: Non-compete, non-solicitation, and mandatory arbitration clauses in employment contracts.

While non-compete, non-solicitation, and mandatory arbitration clauses are common features of employment agreements, issues regarding their enforcement are typically subject to dispute. In this audio conference, experienced counsel will provide an overview of legal principles and best practices related to drafting and enforcing non-compete, non-solicitation, and mandatory arbitration clauses.

  • What are non-compete and non-solicitation clauses, and how do they differ from each other?
  • What are the factors that courts/adjudicators consider in assessing whether a non-compete or non-solicitation clause is enforceable?
  • What are common issues that may lead a court/adjudicator to find that a non-compete or non-solicitation clause is unenforceable, and how can they be avoided?
  • Will a court/adjudicator amend or simply strike a non-compete or non-solicitation clause that is unenforceable?
  • What is the test that an employer must meet to obtain an injunction enforcing a non-compete or non-solicitation clause?
  • Does a non-compete or non-solicitation clause remain in effect if the employer terminates the employment relationship?
  • What is a mandatory arbitration clause, and how is it used in an employment agreement?
  • What are the benefits and drawbacks of arbitration in comparison to court proceedings?
  • Is an employee subject to a mandatory arbitration clause barred from participating in a class action?
  • When will a court/adjudicator decline to enforce a mandatory arbitration clause?
  • What best practices and other considerations are important for employers and employees to bear in mind prior to drafting or agreeing to a mandatory arbitration clause?
  • What is the effect of mandatory arbitration clauses contained in labour statutes?
  • Are there any circumstances in which a unionized employee may bring a work-related claim in court?

More Information / Register

HRPA 2019 Annual Conference & Trade Show

Date: January 30, 2019

Time: 3:00 - 4:00 PM

Location: Metro Toronto Convention Centre, South Building, Room 717A

What Do You Need to Know? Ask a Leading Employment Lawyer and a Senior HR Practitioner Your Burning Questions

HR professionals are increasingly called upon to deal with issues relating to employment standards, human rights, privacy laws, occupational health & safety and contracts. Get perspective from both a practising employment lawyer and a practising HR professional who will address your employment law concerns using real-life examples, best practices, and case law. Find out how to mitigate your employer’s risk, develop legally enforceable policies, maintain compliance with the requirements of employment legislation and avoid some of the most common mistakes that can cost both your organization and your reputation.

Presented with Dan McGarry.

Learn about:

  • Recent changes to employment standards and best practices to create an enforceable employment contract
  • Harassment and investigations in the #metoo era
  • Marijuana in the workplace
  • Statute versus common law requirements surrounding termination
  • Addressing lengthy absences, implementing a defensible accommodation program and responding to accommodation requests
  • Limiting an employee’s expectation of privacy when using corporate equipment

Visit https://hrpaconference.ca/ to learn more about the full conference.

HRPA York Region

Date: January 17, 2019

Time: 7:30 AM - 10:30 AM

Location: Richmond Hill Country Club, 8905 Bathurst Street, Richmond Hill, ON

Stuart will be giving an Employment Law update on Cannabis in the Workplace and Bill 47 at this Professional Development Breakfast Event.

Presentation

More Information / Register

Lexpert: Workplace Law Reform in the Gig Economy

Date: November 14, 2018

Time: 8:00 AM - 4:30 PM

Location: 333 Bay Street, 29th Floor, Toronto, ON, M5H 2R2

Broad legislative reform measures in Ontario and Alberta have highlighted the rapid evolution of workplace law, driven by the increase in “precarious employment” and the “gig economy.” The game and the stakes are changing rapidly, and the mantra of the past is becoming a distant echo. Efforts to reduce costs by using temporary workers, contract workers, or other non-traditional relationships may not be effective any more. Make sure you’re listening to the right sounds by attending this seminar.

In-class and online webinar available.

More information / Register

Legal Rights Information Series for HR Leaders: Investigations in the Workplace

Date: November 8, 2018

Time: 8:00 AM - 10:00 AM

Location: The Talent Company - Mississauga Office, 6860 Century Ave, Suite 203

With changing legislation and increased scrutiny, when an issue arises conducting an immediate and effective investigation is the right response.

Presented by Rudner Law and The Talent Company, this interactive session will provide insight into employment law changes, recent cases and practical tips and practices for conducting an investigation.

Designed to walk you through the stages of a workplace investigation, we will discuss an employer’s duty to investigate, how to gather facts and determine the merit of the complaint, taking proper remedial action, avoiding liability and preventing future claims.

There will also be opportunities for questions and discussion with a panel, so please come with your questions. The panel will be comprised of Stuart Rudner (Managing Partner, Rudner Law), Deta Constantine (Head of HR, Real Matters) and Elissa Gould (HR Consultant/Investigator, The Talent Company).

For questions and/or to register, please contact Janis@RudnerLaw.ca or Samara.Doobay@TheTalent.Co

Event flyer.

Presentation