This workshop is designed to give participants the tools they need to advise on the hot button employment law issues that they may face through all stages of the employment relationship, given the new developments in the areas of privacy and human rights and damages for wrongful dismissal. This workshop will benefit corporate counsel as well as any practitioner who deals with employment law issues from time to time.
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| Co-Chairs |
| Sean M. Kennedy, Senior Regional Counsel, Legal Affairs, Central & Western Regions, Canada Post Corporation |
| Terrie-Lynne Devonish, Chief Counsel, Aon Canada Inc. |
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| Full Program Agenda |
| Introductory Remarks 9:00 am
The Courtship: Key Issues Arising in the Pre-hiring Process 9:05 am
• Alcohol and Drug Testing
• Discussion regarding courts and arbitrators in Canada who have generally struck down both
pre and post-employment drug testing in the absence of reasonable grounds
• To what extent and under what circumstances can an employer conduct alcohol and drug tests on prospective and current employees in light of new court decisions permitting drug testing?
• Reference checks
• To what extent can a current or former employer express dissatisfaction when asked to provide a reference for an employee?
Frances L. Fitzgerald, Senior Legal Counsel, Scotiabank Employment Law Group
Darryl R. Hiscocks, McMillan LLP
Arleen V. Huggins, Koskie Minsky LLP
The Marriage: What’s Mine is Yours? 9:45 am
The issue of employee privacy and the scope of an employer’s right to access employee information:
• What is the extent of privacy to which an employee is entitled at the workplace?
• Does the employer have a right to review and seize employee computer data?
• Does an employer have a right to the medical information that forms the basis of an employee’s application for sick leave or disability benefits?
Sean M. Kennedy, Senior Regional Counsel, Canada Post Corporation
Janice P. Rubin, Rubin Thomlinson LLP
Richard J. Charney, Ogilvy Renault LLP
Break 10:45 am
The Divorce: New Developments in Employee Terminations 11:00 am
The evolution of jurisprudence in wrongful dismissal and constructive dismissal:
• The evolution of Wallace v United Grain Growers and its often novel uses in claims for punitive damages
• The recent Supreme Court of Canada decision in Evans v Teamsters and its impact on working notice in the context of constructive dismissal
• The Supreme Court of Canada decision in Keays v Honda
• Tips on “preventative lawyering” to avoid pitfalls leading to wrongful dismissal claims and human rights complaints
Jill C. Schatz, General Counsel, Primus Telecommunications Canada Inc.
Jeffrey Goodman, Heenan Blaikie LLP
Matthew L.O. Certosimo, Borden Ladner Gervais LLP
Lunch 12:15 pm |
