Learn the biggest labour and employment risks, and how your organization can avoid these pitfalls.

1. Protecting the Bottom Line!
8 Ways to Minimize Employment and
Labour Risk
Retirementhomes.com Webinar
Lisa M. Bolton
Shana French
August 16, 2012

2. Agenda
 Employment Agreements
 Workplace Policies
 Performance Management
 Human Rights
 Labour Relations
 Health and Safety
 Workers’ Compensation
 Termination
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3. Employment Agreements
 Risk
 Without agreement – common law entitlement on
termination applies in Ontario
 With agreement – will it be enforced?
 Employee vs Independent Contractor
 Confidentiality of information and Intellectual Property
 Non-solicitation / Non- competition clause
 Termination clause
 Tips
 Reasonableness of terms
 Ensure ESA minimum
 Consideration
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4. Workplace Policies
 Risk
 Missed opportunities to control the workplace / save
money
 Code of Conduct/Discipline Policy
 Attendance policy
 Overtime policy
 Vacation scheduling / Carry-over
 Computer usage/privacy
 Temporary Layoff
 Regulatory non-compliance - OHSA, AODA
 Tips
 Document, distribute and require signed acknowledgment
 Implement and enforce policies
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5. Performance Management
 Risk
 Missed opportunities to enhance productivity
 Not having legal grounds for termination of employment
for cause
 claims for wrongful dismissal/constructive dismissal
 Tips
 Establish & implement performance management plan
 Investigate breach of policy/misconduct
 Written warning of consequences
 Follow through with consequences
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6. Human Rights
 Risk
 Complaints / litigation
 Interview process
 Failure to accommodate
 Accessibility for Ontarians with Disabilities Act (AODA)
 Tips
 Conduct accommodation analysis
 Actively manage medical information received
 Document discussions
 Comply with the AODA Customer Service and
Integrated Standards
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7. Labour Relations
 Risk
 Unionization: 20% devaluation of share value and 20%
in increased costs
 Grievances
 Strikes and lockouts
 Tips
 Positive employee relations
 Know your collective agreement
 Smart collective bargaining / contingency planning
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8. Occupational Health and Safety
 Risk
 Inspections
 Workplace violence/harassment & criminal negligence –
new obligations
 Investigations, orders and charges
 Tips
 Due diligence
 Written policies and procedures
 Training
 Proper record keeping
 Active risk management
 Comply with accident reporting requirements
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9. Workers’ Compensation
 Risk
 Uncontrolled costs
 Tips
 Active file management/appeal
 Early return to work vs. labour market re-entry
(Ontario)
 Frustration of employment
 Ensure registration in the correct rate group
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10. Termination of Employment
 Risk
 Layoff / Termination
 Wrongful dismissal claims
 Cause vs. no cause
 LTD benefits during common law notice period
 Costs (legal / opportunity / time)
 Tips
 Use probation period
 Progressive discipline
 Enforceable notice / termination provisions in employment
agreements
 Letters of employment/reference
 Outplacement services
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11. Questions
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12. Sherrard Kuzz LLP RetirementHomes.com
250 Yonge Street, Suite 3300 Robert Walker
Toronto, Ontario, Canada M5B 2L7 robert@retirementhomes.com
1-888-544-9124 x 243 Phone
416.603.0700 Phone
416.420.0738 24 Hour
416.603.6035 Fax
www.sherrardkuzz.com
Visit RetirementHomes.com for details
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13.  The information contained in this presentation is provided for general
information purposes only and does not constitute legal or other
professional advice.
 Reading this presentation does not create a lawyer-client relationship
with Sherrard Kuzz LLP.
 Readers are advised to seek specific legal advice from members of
Sherrard Kuzz LLP (or alternate legal counsel) in relation to any
decision or course of action contemplated.
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