The Osgoode Certificate in Advanced HR Law for Experienced HR Professionals

Transcription

1 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

2 Why You Should Attend Program Details Dates Day 1 Pre-Employment: Job Postings/ Interviewing/Drafting Employment Agreements & Policies November 24, 2014 Day 2 During the Employment Relationship: Policies and Addressing Performance Issues November 25, 2014 This advanced certifi cate is designed for HR leaders who wish to further refi ne 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 Certifi cate, 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. 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 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

3 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 Morning Session Job Postings and Conducting Job Interviews Best practices for job postings. What are the implications if you do not follow them? 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 Conducting the job interview do s and don ts; permissible questions/ impermissible questions Social media background checks: checking the applicant s social media profile avoiding the pitfalls Potential Human Rights claims Afternoon Session Drafting Effective Employment Agreements and Policies What are the legal implications of an offer letter? Tips and tools for crafting a valid, enforceable contract that fits in with organizational needs one size does not fit all! How to avoid common errors that can make an employment contract unenforceable How to protect against constructive dismissal claims incorporating the desired flexibility into the job description Drafting termination provisions in employment contracts what should these provisions cover? Non-compete and non-solicitation agreements: Drafting reasonable restrictive covenants that protect legitimate business interests what do the courts look at? Drafting provisions relating to severance pay, bonuses, commissions, stock options, career counseling, continuance of benefits the common pitfalls to avoid During the Employment Relationship: Policies and Addressing Performance Issues Morning Session Employment Policies 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. Determining the policies your organization needs How to effectively communicate the organization s values and expectations what considerations are there when deciding how to communicate and implement policies? The essential policies and procedures harassment, privacy, use of technology/social media, benefits, discipline, and absenteeism Common hazards and omissions relating to policies Tips to ensure that policies will be enforceable Conducting effective policy and handbook reviews and updating policies Afternoon Session Performance Management: A Comprehensive Guide to the Legal Landscape Effectively assessing and managing performance tips and tools Establishing specific, measurable objectives Performance Improvement Plans key issues in managing challenging employees Communicating expectations and consequences Human rights issues and accommodation How are the standards and evidentiary requirements for showing undue hardship evolving? 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

4 DAY 3 November 26, 2014, 9:00 a.m. 4:30 p.m. DAY 4 November 27, 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? 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. 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 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

5 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 Infl uencers, 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 prolifi c Twitter and blog posts which prompted Klout (a website providing social media analytics to measure user infl uence) 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 prolifi c 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. 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. Register online today at

6 THE OSGOODE CERTIFICATE IN ADVANCED HR LAW FOR EXPERIENCED HR PROFESSIONALS FALL 2014 REGISTRATION Approved by HRPA for 24 Continuing Professional Development hours Name: Firm/Company: Title: Practice Area: Address: City: Province: Postal Code: Telephone: Fax: Priority Service Code: O L Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by , indicate here. Fee Per Delegate $3,995 plus 13% HST for a total of $4, 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 fi nancial assistance. Fees paid by individuals are eligible for a tuition tax credit. Dress is business casual. Need accommodations? Check our website at Payment Options Payment must be made prior to the program Cheque enclosed (payable to York University GST# R ) Bill my credit card: VISA Mastercard Card# Expiry: Signature: Payment Amount: Program Changes We will make every effort to present the certifi cate 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 Osgoode Professional Development Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor Toronto, ON M5G 1Z3 For Further Program Related Information Please contact: David Thomas, Senior Program Lawyer at or dthomas@osgoode.yorku.ca. Cancellations/Rainchecks/Substitutions 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, Certificate of Program Completion 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. Public CLE Seminars Customized CLE Programs Skills Training & Certifi cation ITAW Professional LLM 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 3. FAX your registration to CALL US at or