Advanced HR Law for Experienced HR Professionals Osgoode

NEW ADVANCED
PROGRAM
The Osgoode Certificate in
Advanced HR Law for
Experienced HR Professionals
A course specifically designed for HR leaders who wish to
further refine their core knowledge and skills
Approved by HRPA for 24 Continuing Professional Development hours
November 24 – 27, 2014 | Toronto, Canada
Why You Should Attend
This advanced certificate is designed for HR leaders who wish to further refine their skills
and knowledge and take them to the next level. The program goes beyond the traditional
approach of the Osgoode HR Law for HR Professionals Certificate, and delves deeper into
the key issues in workplace law, leaving you better positioned to serve your organizational
needs, and to take a pro-active approach to underpin and reinforce the best practices.
Enrollment is strictly limited to ensure maximum opportunity for class discussion,
small group work and personal feedback.
Program Details
Dates
Day 1
Pre-Employment: Job Postings/
Interviewing/Drafting Employment
Agreements & Policies
November 24, 2014
Taught by Natalie C. MacDonald and Stuart E. Rudner and using letters from
plaintiff’s counsel threatening litigation against your company, Stuart and
Natalie will simulate “a day in the life” of a senior HR Professional. This series
of thought-provoking scenarios will provide essential insights, strategies and
tactics to guide you successfully through the legal maze of recruitment and hiring;
drafting employment agreements and policies; addressing workplace performance
issues; discipline and dismissal, and what happens when the dispute heads to
the courtroom.
Day 2
During the Employment Relationship:
Policies and Addressing Performance
Issues
November 25, 2014
Day 3
Discipline and Dismissal
November 26, 2014
Day 4
The Litigation Process: What to Expect
if You Have to Go to Court
November 27, 2014
At the conclusion of the program, you will be better informed about emerging
trends in workforce law, and be better placed to apply and integrate strategies to
reduce your organization’s exposure to litigation.
Key Benefits: What You Will Learn
• The impact of social media in the hiring process – what are the latest trends?
• Job postings – remaining on-side and in compliance with the law
The program will be held at Osgoode
Professional Development’s Downtown
Toronto Conference Centre.
• Conducting the job interview – do’s and don’ts
• How to draft better contracts and employment policies, ensuring that problems
are effectively dealt with before they arise
• Drafting provisions relating to termination, bonuses, commissions, stock options,
continuance of benefits, non-solicitation and non-competition clauses
• Framing appropriate workplace policies and procedures
• Effectively planning and managing performance – clear answers and
thoughtful strategies
• Performance Improvement Plans – key issues in managing challenging employees
• Accommodating employees – what must be accommodated, how far do you need to go,
and how much information can you require from the employee?
• Preventing and resolving harassment in the workplace: overcoming the challenges
• Disciplinary options available to employers and how to use them effectively
• Terminating without cause: assessing your obligations and structuring the package
• Understanding the litigation process: be prepared if your case is heading to court
Who Should Attend
Human Resources professionals with at least 3 years experience in an HR role, OR
Holders of the Osgoode Certificate in HR Law for HR Professionals
THE OSGOODE CERTIFICATE IN ADVANCED HR LAW FOR EXPERIENCED HR PROFESSIONALS
An intensive, four-day program that delves deeply into the key issues. The class size will be strictly limited to
ensure maximum opportunity to discuss practical, workable solutions to common problems faced by today’s
Human Resources professionals.
THE CURRICULUM
DAY 1
November 24, 2014, 9:00 a.m. – 4:30 p.m.
DAY 2
November 25, 2014, 9:00 a.m. – 4:30 p.m.
Pre-Employment: Job Postings/Interviewing/
Drafting Employment Agreements & Policies
During the Employment Relationship:
Policies and Addressing Performance Issues
Morning Session
Morning Session
Job Postings and Conducting Job Interviews
Employment Policies
• Best practices for job postings. What are the implications if you
do not follow them?
Organizations invest a lot of time and money in devising, reviewing and
maintaining employee handbooks and policies. Careful preparation of
these policies, appropriate dissemination and consistent application
will help to reduce the risk of litigation and protect against employment
claims. On the flip side, if these policies are badly drafted, contravene
existing laws or are not consistently publicized and applied, they can
actually increase your organization’s exposure to liability. The first part
of Day 2 looks at what should go into employment policies and what
should not, and tips for ensuring that those policies are regularly
updated and consistently applied across the organization.
• Job descriptions that are inaccurate or misleading: Is there a duty of
care between a candidate and the employer, and what are the potential
consequences of a breach of that duty?
• Identifying potential discrimination in the job advertisement/description
- how to ensure that your hiring practices are in compliance with
applicable laws
• What is a Bona Fide Operational Requirement (BFOR)? What are the
limits and how do courts interpret BFOR?
• Tips to avoid/minimize risk of inducement
• Determining the policies your organization needs
• Conducting the job interview – do’s and don’ts; permissible questions/
impermissible questions
• How to effectively communicate the organization’s values and
expectations – what considerations are there when deciding how
to communicate and implement policies?
• Social media background checks: checking the applicant’s social
media profile – avoiding the pitfalls
• The essential policies and procedures – harassment, privacy, use
of technology/social media, benefits, discipline, and absenteeism
• Potential Human Rights claims
• Common hazards and omissions relating to policies
• Tips to ensure that policies will be enforceable
Afternoon Session
Drafting Effective Employment Agreements and Policies
• Conducting effective policy and handbook reviews and updating policies
• What are the legal implications of an offer letter?
Afternoon Session
• Tips and tools for crafting a valid, enforceable contract that fits in
with organizational needs – one size does not fit all!
Performance Management: A Comprehensive Guide to the
Legal Landscape
• How to avoid common errors that can make an employment
contract unenforceable
• Effectively assessing and managing performance – tips and tools
• How to protect against constructive dismissal claims – incorporating
the desired flexibility into the job description
• Performance Improvement Plans – key issues in managing
challenging employees
• Drafting termination provisions in employment contracts – what
should these provisions cover?
• Communicating expectations and consequences
• Non-compete and non-solicitation agreements: Drafting reasonable
restrictive covenants that protect legitimate business interests –
what do the courts look at?
• How are the standards and evidentiary requirements for showing
“undue hardship” evolving?
• Drafting provisions relating to severance pay, bonuses, commissions,
stock options, career counseling, continuance of benefits –
the common pitfalls to avoid
• Establishing specific, measurable objectives
• Human rights issues and accommodation
• Creating a record you can rely upon for discipline and potential dismissal
Panel Discussion: Does Your Organization Have What it Takes?
The afternoon concludes with a panel discussion by senior Human
Resources professionals on how to effectively use written policies
and procedures.
© Osgoode Professional Development, 2014
Register online today at www.osgoodepd.ca
DAY 3
November 26, 2014, 9:00 a.m. – 4:30 p.m.
Discipline and Dismissal
This day focuses on the key elements in addressing the issue of employee
misconduct, discipline and dismissal. You will learn about the common
problems and pitfalls surrounding discipline and termination, and
strategies, tools and tips for avoiding them. More specifically you
will learn:
• Just cause – the latest cases and tips and strategies for building
and documenting the case
• What amounts to condonation or acquiescence of misconduct?
• Investigating alleged or suspected misconduct
• Assessing proportionality in the context of a just cause dismissal
• What are the consequences if cause is alleged but is not proven?
• Terminations without cause: the latest cases on determining
notice requirements
• How do you go about structuring a severance package, and how do
you deal with claims for bonuses, commissions, pension plans, life
and health insurance benefit extensions?
DAY 4
November 27, 2014, 9:00 a.m. – 4:30 p.m.
The Litigation Process: What to Expect if You
Have to Go to Court
The final day of the program will focus on what happens if an employment
case hits the court or tribunal, and what are the key considerations to bear
in mind regarding discoveries, mediation, arbitration and settlement.
• Limitation periods for claims before the courts
• Pleadings
• Mediation
• Costs and settlement offers
• Examination for discovery
• Summary judgment
• Pre-trial
• Trial and beyond
• Human Rights and other claims
• Enforcing restrictive covenants – practical considerations
• Drafting releases that work: how to draft an effective release and
waiver of claims, and when you should ask for a release
• What effect does a release have in the context of a Human Rights
complaint?
• The duty to mitigate – how far is the ex-employee expected to go?
• Best practices for conducting the termination interview
• Dismissal meetings – when, where, who and how long?
• Tips for giving references
Panel Discussion: To Terminate With or Without Cause –
That is The Question
Day 3 concludes with a panel discussion by senior Human Resources
professionals on the challenges faced when terminating with or
without cause.
Osgoode Hall Law School’s Osgoode Professional Development
offers both credit and non-credit programming to meet the
life-long learning needs of lawyers and other professionals
who need legal information. Osgoode Hall Law School is one
of the world’s pre-eminent law schools. Osgoode Professional
Development embodies the law school’s commitment to meeting
the educational needs of the broader community and has offered
many continuing legal education programs for human resources,
health care, public procurement and other professionals.
What past attendees have said about Osgoode’s offerings for
HR Professionals:
“I would recommend this program to my HR colleagues in a heartbeat!
Great forum to deliberate and discuss issues. Very relevant and practical”
Nancy Quattrocchi, Vice-President, Corporate Services, Canadian Foundation for Healthcare Improvement (CFHI)
“Very informative. The speakers were very knowledgeable and did an excellent job
engaging the audience”
Shelley Phillippe, Human Resources Manager, Invotronics Inc.
Register online today at www.osgoodepd.ca
PROGRAM DIRECTORS
Stuart E. Rudner is a founding partner of Rudner MacDonald LLP. Stuart
works with employees and employers, helping them to understand their
legal rights and obligations and providing the strategic advice they need to
pursue their goals. At every stage, Stuart’s focus is on achieving practical,
cost-effective solutions for his client.
Stuart has repeatedly been named in Canadian HR Reporter’s Employment
Lawyers Directory. In 2008, Stuart was retained to represent the Human
Resources Professionals Association at the Supreme Court of Canada in the landmark
employment law case of Keays v. Honda Canada Inc.
Named one of Canada’s top Legal Social Media Influencers, Stuart continues to make his
mark and expand his reach. He is the founder and moderator of the Canadian HR Law Group
on LinkedIn, which now counts more than 9,000 HR professionals, lawyers and business
people as members. He enjoys an ever-increasing following for his prolific Twitter updates
@CanadianHRlaw and blog posts – which prompted Klout (a website providing social media
analytics to measure user influence) to recognize him as a “specialist.” In addition, he is
regularly called upon by the media to provide his expert opinion on employment law matters.
A prolific communicator, Stuart is the author of the critically acclaimed You’re Fired! Just
Cause for Dismissal in Canada, published by Carswell.
Natalie C. MacDonald is a founding partner of Rudner MacDonald LLP.
She represents both employees and employers, and assists in providing
clear, practical advice, in an effort to help them understand their rights
and obligations. Natalie has been repeatedly named among Canada’s Top
Employment Law Practitioners (a comprehensive directory of the top
employment law and immigration law practitioners in Canada). One of
Natalie’s cases, Antidormi v. Blue Pumpkin Software Inc. [2004] is
regarded as one of the leading decisions in the area of inducement.
Natalie is the leading authority on extraordinary damages in Canadian employment law. She
is the author of the critically acclaimed and often cited Extraordinary Damages in Canadian
Employment Law, published by Carswell. Natalie was the Editor-in-Chief of the Employment
Bulletin for seven years, as well as a routine contributor to Canadian HR Reporter, Canadian
Employment Law Today and Canadian Employer. Natalie is frequently called upon by the media
for her expert commentary and opinion on employment law issues.
Natalie chairs and speaks at numerous conference and continuing education events, including
those held by The Law Society of Upper Canada, the Ontario Bar Association, the Human
Resources Professionals Association, and Osgoode Professional Development.
Register online today at www.osgoodepd.ca
Here’s what past
participants have said
about other Osgoode
HR Law offerings:
“A very good program.
[I] would recommend it
to any Human Resources
professionals”
Sandra Penman
Human Resources Manager
Johnson Controls
“Amazing presenters”
Jenny Basov
Human Resources Manager
The Corporation of Massey Hall
and Roy Thomson Hall
“Great dynamics, content
and delivery”
Simone Hamm
Human Resources Manager
Rogers Communications Inc.
THE OSGOODE CERTIFICATE IN
ADVANCED HR LAW FOR EXPERIENCED HR PROFESSIONALS
FALL 2014 REGISTRATION
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Approved by HRPA for 24 Continuing
Professional Development hours
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Fee Per Delegate
$3,995 plus 13% HST for a total of $4,514.35.
Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 4 days of the program. The price does not
include accommodations. Please inquire about group discounts and financial assistance. Fees paid by individuals are eligible for a tuition tax credit.
Dress is business casual.
Need accommodations? Check our website at www.osgoodepd.ca/hotelandparking.html
Payment Options — Payment must be made prior to the program
Cheque enclosed (payable to York University — GST# R119306736)
Bill my credit card: VISA Mastercard
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Program Changes
Cancellations/Rainchecks/Substitutions
We will make every effort to present the certificate program as advertised, but
it may be necessary to change the dates, location, speakers or content with
little or no notice. In the event of program cancellation, York University and
Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
Location
If you are unable to attend the program your organization may name a
replacement. A full refund will be issued for cancellations received a minimum
of 21 days before the program start date. Written cancellations received after
November 3, 2014 will include an administration charge of $700. Non-attendance
or withdrawal after the program start date will incur a full program fee. Payment
must be received by November 17, 2014.
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
Certificate of Program Completion
For Further Program–Related Information
Please contact: David Thomas, Senior Program Lawyer
at 416.673.4672 or email [email protected]
Public CLE Seminars
Customized CLE Programs
4 Convenient Ways to Register
1.
MAIL your registration form to:
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
2. ONLINE at www.osgoodepd.ca
3. FAX your registration to 416.597.9736
4. CALL US at 416.597.9724 or 1.888.923.3394
You will receive a certificate upon completion of The Osgoode
Certificate in Advanced HR Law for Experienced HR Professionals.
Participants must attend all program modules and pass the take-home
assessment to receive a certificate.
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