HR Domains (Career GPS): Employee Relations; Performance and Rewards; Occupational Health and Safety
Not keeping abreast of what’s happening in employment law can be costly to an employer, both financially and in terms of reputation. Don’t be caught off-guard!
Employment lawyer and national columnist Daniel Lublin takes a look at major developments in Canadian employment law in the past year, discussing notable decisions from courts and arbitrators and important legislation across the country. He will also discuss what may be the big concerns for employers in the near future.
Topics to be covered include:
- Conducting workplace harassment investigations: Practical strategies for employers to comply with their obligations and to mitigate litigation risk in internal harassment investigations: van Woerkens v. Marriott Hotels of Canada Ltd. [British Columbia]
- Providing reasonable accommodation: Understanding when employers may have a positive obligation to reach out to employees with a disability: Simpson v. Commissionaires (Great Lakes) [Ontario Human Rights Tribunal]
- Establishing just cause for summary dismissal: When does employee dishonesty justify just cause dismissal? When are alternate disciplinary measures more appropriate? Essential guidelines to follow when asserting just cause for termination: Leitner v. Wyeth Canada [Ontario]
- Interplay between working notice and summary judgment:
• Analyzing Russo v. Kerr [Ontario]
• Step-by-step guide for employers when responding to employee objections regarding changes in the employment
• When does an employee’s continued presence at work constitute condonation?
- Proving voluntary resignation: Ascertaining when a resignation is in fact a termination: Upcott v. Savaria Concord Lifts Inc. [Ontario] and Lelievre v. Commerce and Industry Insurance Company of Canada [British Columbia]
- Examining employer obligations to reinstate:
• Examining reinstatement provisions under provincial employment standards legislations across Canada
• Learning from Vienneau v. Brunswick News Inc. et al. [New Brunswick] and Sandtastik Inc. v. Little [Ontario]
Daniel A. Lublin is a nationally recognized workplace law expert. He practices workplace law across Canada, where he is involved in all aspects of representing both individual and corporate clients in employment law, human rights and labour relations matters, with a particular emphasis on wrongful dismissals and employment-related litigation.
In 2008, 2009, 2010 and for 2011, Mr. Lublin has been named as one of “Canada’s Top Employment Lawyers” in Carswell’s annual survey, in recognition of his contributions to workplace law and human resources publications.
Mr. Lublin has also been a national workplace law columnist for the Metro News since 2005, published in print in Toronto, Vancouver, Calgary, Edmonton, Ottawa and Halifax and online. Mr. Lublin’s columns often address legal mistakes made by employers, employees and sometimes their lawyers.
Mr. Lublin frequently appears on national television and the radio as a commentator to workplace related legal issues and his opinions on workplace legal issues are often quoted across Canada in various news and print media, including the Toronto Star, the National Post, the Globe and Mail, the Lawyers Weekly and the Law Times. Mr. Lublin is also regularly sought out to contribute to widely read human resources publications, including Canadian Employment Law Today, Canadian HR Reporter and HRinfodesk, and in 2010 he was asked by the University of New Brunswick to contribute to its law journal.