HReview Breakfast Seminar Archive:

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Employment and labour law never stand still, and this year is no exception. From legislative changes to a complex global environment (tariffs, etc.), Canadian employers have faced a steady stream of new compliance challenges.

Join us for our annual year in review webinar, where we’ll discuss what’s been keeping employers up at night, what’s on the horizon for 2026, and best practices going into the new year. Topics include:

1. What’s keeping employers up at night?

• Termination provisions: Is there such a thing as an enforceable one? We think so (and the courts might finally agree)!
• U.S. tariffs: Managing workforce adjustments and the work-sharing program.
• AI in the workplace: Opportunities and risk.
• Return-to-office mandates: Employer rights.

2. Heading into 2026

• Pay transparency and job posting rules in Ontario’s Working for Workers acts and beyond.
• Cross-Canada increases in minimum wage and statutory leave entitlements.
• New limits on sick notes in multiple provinces.
• Increased fines and administrative penalties.
• Inter-provincial labour mobility legislation.
• Digital platform worker legislation now in force in Ontario and British Columbia.

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Workplace accommodation can be challenging at the best of times. Even more so when combined with the unique challenges associated with mental health and/or substance use disorder. Join us as we discuss:

1. Workplace accommodation framework

• The definition of “disability” under human rights legislation
• Employer’s duty to inquire
• Employer’s duty to accommodate to the point of undue hardship
• Employee’s duty to cooperate and provide information

2. Mental health

• Determining if there is a mental health disability
• Request for medical information
• Accommodation strategies
• Discipline and termination when an employee has a mental health disability
• Frustration of contract

3. Substance use disorder

• Determining if there is a disability
• Investigating suspected impairment
• Accommodation strategies
• Last chance agreements

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In recent years, courts appear to be on a mission to strike down a range of termination provisions to the benefit of employees. Even the most experienced HR leaders have found themselves puzzled about what to do next.

Join us at this HReview webinar as we discuss:

1. Employment Agreement Language

• • Cross-Canada caselaw update on the enforceability of termination clauses.
  • Risks associated with a fixed-term employment agreement.
  • Other key clauses to consider:

1. 1. 1. Layoff
      2. Hybrid/remote/in-office arrangements
      3. Workplace policies and employee handbooks.

2. Constructive Dismissal

• • What is constructive dismissal?
  • Best practices to avoid a successful claim of constructive dismissal.

3. Terminating the Right Way

• • What should be in a termination letter? What should not?
  • What should you say in a termination meeting? What not to say.
  • When and how to protect your business with a non-disparagement clause.
  • How to respond to a Service Canada inquiry about an employee’s termination.

4. Terminating the Wrong Way

• • Recent trends in “bad faith” damages.

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Workplace accommodation can be a challenge for even the most seasoned HR professional.

Join us as we discuss some of the most common (and challenging) accommodation issues. Topics include:

1. Accommodation Basics
   • What is “accommodation” under human rights law?
   • What is the meaning of “undue hardship?”
   • What are the obligations of the workplace parties, including the employee and union?

2. Disability Accommodation
   • Addressing mental health accommodation issues, including those associated with returning to the office/workplace.

3. Family Status Accommodation
   • What are an employee’s obligations in the context of childcare accommodation?
   • What information is an employer entitled to seek?
   • Balancing return-to-the-office/work with childcare accommodation.

4. Drugs and Alcohol in the Workplace
   • Case law update on accommodation of a substance use disorder.
   • Can an employee be dismissed for failing to participate in a drug or alcohol test?
   • How to effectively use a last chance agreement.

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2024 ushered in many changes to the employment and labour landscape in Ontario and across Canada.

Join us as we discuss how these changes impact employers. Topics include:

1. Legislative Update
   • Changes to the Ontario Employment Standards Act under the Working for Workers Four Act
   • Changes to the federal Canada Labour Code regarding rules for termination
   • Cross-Canada update on key employment-related legislative amendments including pay equity and pay transparency legislation

2. Labour Law Update
   • Bill C-58 amendments to the Canada Labour Code regarding replacement workers and maintenance of activities during a work stoppage
   • Constitutional law decisions in the labour relations context

3. Workplace Safety and Insurance Update
   • Recent changes to rates and benefits
   • Update regarding communicable disease, traumatic and chronic mental stress claims
   • How Canadian workers’ compensation boards are responding to the changing nature of work
   • New classification for temporary help agencies to come into effect on January 1, 2025

4. Looking forward to 2025
   • Changes to the Ontario Employment Standards Act under the Working for Workers Five Act
   • Potential changes to privacy obligations under the Digital Charter Implementation Act
   • Employment related class action lawsuits

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Join us as we discuss:

1. The new age

• • Union organizing strategies in 2023/2024

2. Early signs of internal organizing

• • Immediate steps employers should consider

3. An employer’s right to speak

• • How to communicate within the bounds of the law

4. The unexpected application

• • What to do when you receive an Application for Certification

5. Running a successful campaign

• • It is never too late to create engaged employees so they realize they don’t need a union

6. Update from the Ontario Labour Relations Board, Canada Industrial Relations Board, and select decisions from across the country

• • Current union activity and trends by industry

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Workers’ compensation and human rights often intersect, causing no end of confusion and, sometimes,
angst for employers.

Join us as we unpack and discuss:

1. Workers’ Compensation and Human Rights

• • Overview of basic obligations

2. Intersection of Workers’ Compensation and Human Rights Decisions

• • Jurisdictional issues
  • Procedure for parallel cases
  • Impact of a decision in one forum on the other forum

3. Return to Work

• • Re-employment obligations and discrimination
  • Suitable work and accommodation
  • Frustration of contract

4. Possible Pitfalls and Practical Tips

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Workplace health and safety issues, if not appropriately managed, can be a source of significant liability for an employer.

Join us as we discuss these important topics, including best practices to reduce risk:

1. Workplace Safety and Insurance (Ontario) Update

• • Recent changes to rates and benefits.
  • Amendments to the WSIB accident reporting process and how this may impact an employer.
  • New WSIB policy on communicable disease.
  • Update on chronic mental stress claims.
  • Practical tips to manage claims and reduce liability.

2. Health and Safety (Ontario) Update

• • Recent trends in charges and fines.
  • The difference between a health and safety inspection and investigation – what every employer should know. 
  • Impact of recent Supreme Court of Canada decision on construction site owners.
  • Due diligence in health and safety – practical tips to minimize risk.

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2023 ushered in many important changes to the employment and labour landscape in Ontario and across Canada.

Join us as we discuss how these changes impact employers. Topics include:

1. Legislative Update

• • Licensing requirements for temporary help agencies and recruiters in Ontario
  • Cross-Canada update on key employment-related legislative amendments.

2. Labour Law Update

• • Update on Bill 124 and other wage restraint legislation and related case law.
  • Recent COVID-19 decisions (mandatory vaccination, religious exemptions). 

3. Human Rights Update

• • The role of unconscious bias in race-based discrimination cases.
  • Family status discrimination update.
  • Recent case law on workplace investigations.

4. Trends in Employment and Independent Contractor Agreements

• • Enforceability of termination provisions.
  • Independent contractors and the duty to mitigate.

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Join us as we discuss:

1. Mental health and substance use

• • Duty to inquire
  • Investigating suspected impairment
  • Requests for medical information

2. Accommodation under human rights legislation

• • Definition of “disability”
  • Employer’s duty to accommodate
  • Employee’s duty to co-operate

3. WSIB traumatic mental stress claims

4. Discipline and termination

• • When is behaviour linked to a disability?
  • Last chance agreements
  • Frustration of contract
  • Mitigating risk