Managing Workplace Violence, Bullying & Harassment Proactive Risk Management Strategies for Companies and Their Advisors

Transcription

1 May 21-22, 2009 Four Seasons Hotel Toronto Managing Workplace Violence, Bullying & Harassment Proactive Risk Management Strategies for Companies and Their Advisors Co-Chairs: Partner Heenan Blaikie LLP Glenn French President Canadian Initiative on Workplace Violence Including expert presenters from: Centre for Research and Education on Violence Against Women & Children McMaster University Ontario Nurses Association Ontario Workplace Safety & Insurance Board Toronto District School Board University of Toronto The University of Western Ontario... and many more! Get practical strategies, tools and critical legal updates from leading practitioners to help you: UNDERSTAND the latest legislative and judicial developments in this area DEMYSTIFY the numerous statutory regimes and manage multiple claims CREATE effective violence prevention programs and policies: Step by step guide MEET your obligation to provide a violence and harassment-free workplace LIMIT your legal risk exposure and the odds of incurring costly damages PREVENT and RESOLVE claims of harassment, domestic violence and cyberbullying Take Advantage of Our Pre-Conference Workshop: Managing High-Risk Workplace Terminations: Proactive Strategies for Reducing Liability See inside for details. Register Now CanadianInstitute.com

2 Are Your Workplace Violence, Bullying and Harassment Policies in Order? Canadians have become increasingly concerned about workplace violence, bullying and harassment as evidenced by the exploding media attention. Governments across the country are taking steps to meet this concern by passing new anti-violence, bullying and harassment legislation. You need to understand these new legislative initiatives and ensure you take a proactive approach to prevent violence and threatening behavior. If not, your business may face serious economic consequences from legal costs and damages, decreased employee morale, absenteeism and much more. At The Canadian Institute s Managing Workplace Violence Bullying and Harassment conference, get the updates, tools and strategies you need to meet your obligations and reduce your legal risks. Our expert faculty will focus on hot topics to help you: Analyze the latest developments on new and emerging legislation Demystify the many statutory regimes and use them to your best advantage Develop effective violence prevention programs and policies Gain essential tools & strategies for preventing & minimizing the risk of violence Minimize your legal liability and chances of incurring costly damages Prevent and resolve claims of horizontal harassment, domestic violence and cyberbullying Plus, attend our pre-conference workshop, Managing High-Risk Workplace Terminations: Proactive Strategies for Reducing Liability and learn how to properly end employment relationships without incurring liability. Don t miss this unique opportunity to network with your peers and to get your questions answered by the experts! Register now by calling toll-free We look forward to seeing you in May! WHO SHOULD ATTEND? Human Resources Professionals & Consultants Senior Managers, Supervisors, VPs, Directors Presidents and CEO OH&S Managers and Safety Managers In-House Counsel Lawyers in Private Practice: Employment, Labour and Corporate Arbitrators and Mediators City Solicitors and Government Solicitors SPONSORSHIP & EXHIBITION OPPORTUNITIES DON T MISS A SINGLE DETAIL! All delegates to The Canadian Institute s Managing Workplace Violence, Bullying & Harassment will now receive a complimentary CD ROM with full colour graphs, charts and presentations from the conference.* Great for sharing with co-workers! STILL WANT A PRINTED VERSION? Add a Conference Materials Binder to Your Order see registration form for details. * CD ROMs ( a $320 value) will be distributed to delegates onsite as part of their registration package Maximize your organization s visibility in front of key decision makers in your target market. For more information, contact Director Business Development Daniel Gellman at ext. 389, toll-free ext. 389 or by at d.gellman@canadianinstitute.com FACULTY LIST Co-Chairs: President & CEO Canadian Initiative on Workplace Violence Speakers: Gita Anand Partner, Miller Thomson LLP Goldie Bassi Gowling Lafleur Henderson LLP Tom Beegan Chief Prevention & Corporate Strategy Officer, Ontario Workplace Safety & Insurance Board Grant Bowers Legal Counsel, Toronto District School Board Erna Bujna Occupational Health and Safety Workers Compensation Specialist Ontario Nurses Association Mary Beth Currie Partner, Bennett Jones LLP Steve Eichler Partner, Field LLP Rafael Eskenazi Freedom of Information and Protection of Privacy (FIPP) Director, University of Toronto Janina Fogels Cavalluzzo Hayes Shilton Mcintyre & Cornish LLP Michael Gottheil Chair, Human Rights Tribunal of Ontario Barbara G. Humphrey Partner, Stringer Brisbin Humphrey Dr. Peter Jaffe, PhD, C. Psych. Professor, The University of Western Ontario Academic Director, Centre for Research and Education on Violence Against Women & Children Milé Komlen Director, Human Rights and Equity Services McMaster University Robert W. Little Partner, Hicks Morley Hamilton Stewart Storie LLP Kevin MacNeill Janice Rubin Partner, Rubin Thomlinson LLP Daniel Wong Osler Hoskin & Harcourt LLP This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification. Main Conference Civil Litigation, Labour Law, Workplace Safety & Insurance Law (Intermediate) 12 hours Workshop Civil Litigation, Labour Law, Workplace Safety & Insurance Law (Intermediate) 3.0 hours

3 Day 1 - May 21, :00 Registration Opens Coffee Served 8:30 Opening Remarks from the Co-Chairs President & CEO, Canadian Initiative on Workplace Violence 8:45 Getting Up-to-Speed on New and Evolving OH&S and Human Rights Legislation: Where is the Law Headed? Mary Beth Currie Partner, Bennett Jones LLP Understanding the evolution of legislation and case law on violence, bullying and harassment - getting an overview of pertinent legislation nationwide - what are the unique provisions in various provinces? - what are the emerging trends across Canada? How are different provinces defining workplace violence, bullying and harassment? - how do the different definitions impact compliance orders and risk of OH&S prosecution? - when are bullying and harassing an OH&S risk? What is the status of Ontario s Bill 29? What are its implications for employers? What employers need to know now about recent amendments to the Canada Labour Code Analyzing legislative developments on worker protection from psychological harassment Understanding your legal responsibilities under working alone legislation Looking at enforcement of violence issues by prosecution in Canada: Recent cases Distinguishing personal harassment from human rights based harassment 9:45 Networking Refreshment Break 10:00 Exploring the Many Legal Avenues for Dealing with Workplace Violence: Managing Multiple Claims Steve Eichler Partner, Field LLP Janina Fogels Cavalluzzo Hayes Shilton Mcintyre & Cornish LLP Michael Gottheil Chair, Human Rights Tribunal of Ontario The Ministry of Labour/Occupational Health and Safety Route Under what circumstances will the Ministry of Labour intervene? What changes are currently taking place at the Ontario Ministry of Labour? - what was the result of the workplace violence consultation process? The Human Rights Route Commencing a complaint under the new Ontario Human Rights regime: Tips and traps Analyzing the latest harassment and bullying decisions by commissions How is the new right to make human rights claims in Ontario civil lawsuits impacting employers? Best practices for effectively representing your clients in the human rights system Human rights remedies Workplace Violence & Bill C-45: What is the Connection? When does threatening behavior or workplace violence become a criminal matter? If you don t report a violent incident, or you ignore a risk of violence, can you or your organization be in breach of Bill C-45? What is the effect of concurrent criminal proceedings on other matters and investigations? The Workers Compensation Route When can the workers compensation system be used to compensate victims? What are the requirements and limitations? When and how have workers compensation boards dealt with bullying and harassment? Are the standards for hearing these claims changing? Unions and the Grievance Processes Settling issues at an early stage: Minimizing costs and lengthy grievances Establishing and maintaining a successful working relationship between union and management Best practices for using the grievance and arbitration system effectively Managing Litigation in Multiple Forums and Complaints on Multiple Levels: Key Strategies Determining which claims to settle Minimizing negative publicity and responding to the media Case study: Taking a coordinated approach 11:30 Learning Lessons from Recent Civil Case Law and Arbitral Decisions: Limiting Your Risk of Incurring Major Damages and Penalties Robert W. Little Partner, Hicks Morley Hamilton Stewart Storie LLP When have employers and unions been held liable for bullying, violence and harassment? What arbitrations are happening? What trends in decisions are being seen? Getting up-to-date on recent civil litigation What types of damages are being awarded? For how much? What proactive strategies can employers take to limit their liability? Examining civil actions and grievances from perpetratiors: What happens when the employer s response goes too far? 12:15 Networking Refreshment Break

4 1:30 Emerging Issues Beyond the Boundaries of the Workplace: The Impact of Domestic Violence and Cyber-bullying Lessons Learned from Tragedies: The Lori Dupont Case & Ontario Domestic Homicide Reviews Dr. Peter Jaffe, PhD, C. Psych. Professor, The University of Western Ontario, Academic Director, Centre for Research and Education on Violence Against Women & Children Recognizing the role & responsibilities of the workplace vis a vis domestic violence Analyzing missed opportunities to prevent domestic homicides How can and should employers assist victims who don t come forward? Handling domestic violence that enters into the workplace: What are an employer s obligations? Understanding and implementing the recommendations from the Dupont and other inquests Understanding the duty of employers to protect the health and safety of their staff Cyber-bullying Case Study Grant Bowers Legal Counsel, Toronto District School Board How to address the problem of cyber-bullying and cyber-stalking: Practical guidelines Developing a good response plan: What works, what doesn t? Dealing with defamatory statements made by employees/ students in the workplace Minimizing liability arising from violence and threats in the workplace: Best practices 2:45 Networking Refreshment Break 3:00 Preventing Violence, Bullying and Harassment Claims: Specific Tools for Reducing Your Legal Risks Developing an Effective Pre-Employment Screening Program Gita Anand Partner, Miller Thomson LLP Assessing the risks to employers who fail to properly screen employees who have a history of violent or criminal acts Developing a pre-employment screening program - what screening tests can employers use under human rights legislation? - when and how should you check prior criminal convictions? Reviewing the legal considerations for - conducting the background check - using information obtained in the interview and the background check Evaluating Performance: Treading Carefully to Minimize Legal Exposure Kevin MacNeill How evaluating performance can lead to bullying and harassment claims What are the risks to managers and the company? What is harassment vs. tough criticism? Using Correct Cross-Cultural Communications to Prevent Unnecessary Harassment Claims Milé Komlen Director, Human Rights and Equity Services McMaster University Reviewing recent claims: How a slip of the tongue can lead to liability Training employees on the importance of being PC Incorporating human rights principles into workplace programs Implementing accountability tools and mechanisms Managing the Offender: Critical Considerations When Disciplining Employees and Students Grant Bowers Legal Counsel Toronto District School Board Using warnings, training, anger management Addressing the situation without violating the perpetrator s rights Minimizing civil liability and harassment complaints 5:00 Closing Remarks from the Co-Chairs: Conference Adjourns Day 2 - May 22, :15 Coffee Served 8:45 Opening Remarks from the Co-Chairs 9:00 Your Step-by-Step Guide to Developing Violence Prevention Policies and Programs Tom Beegan Chief Prevention & Corporate Strategy Officer Ontario Workplace Safety & Insurance Board Erna Bujna Occupational Health and Safety, Workers Compensation Specialist Ontario Nurses Association Barbara G. Humphrey Partner, Stringer Brisbin Humphrey Persuading the boss: Building a business case for your organization to implement appropriate and effective policies Minimizing your risk exposure: Critical policies and enforcement strategies Distinguishing federal and provincial requirements Developing and implementing the violence prevention program Creating measures and procedures to minimize workplace violence Monitoring whether the policy is effective: Best practices Constantly upgrading procedures: What reviews must employers conduct and when? Dealing with the need for policies under multiple legislative regimes Surviving an assessment: What employers need to know 10:15 Networking Refreshment Break

5 The Essential HR Tool Kit for Reducing the Risk of Workplace Violence, Bullying & Harassment 10:30 Step 1 - Recognizing the Warning Signs and Symptoms of Workplace Conflict President & CEO, Canadian Initiative on Workplace Violence Recognizing the warning signs to prevent future conflict Who are the perpetrators? Analyzing the prevailing research What is the path for the potential victim? Looking carefully at low level conflict Witnessing violent events in the workplace, PTSD and cumulative effects of bullying: Your legal obligations 11:15 Step 2 - Assessing the Risk of Workplace Violence President & CEO, Canadian Initiative on Workplace Violence Practical Exercise Identifying factors that might contribute to workplace violence Assessing the potential for workplace violence How do you apply the unique factors to your particular workplace? Gaining tools and templates to help you conduct your own violence risk assessment Calculating the risks in the presented case scenario 12:00 Networking Luncheon 1:15 Step 3 - Responding to Claims of Bullying and Harassment and Threats of Violence: Conducting the Investigation Janice Rubin Partner, Rubin Thomlinson LLP Practical Exercise Reviewing critical case law on the standard for bullying and harassment investigations Making the decision whether or not to investigate Strategies for establishing successful internal investigation guidelines and objectives Devising a clear and coherent plan for the investigation What are the legal pitfalls and opportunities that arise from workplace investigations? Elements of a complete harassment investigation Preventing human rights complaints and other consequences of botched investigations Selecting an impartial investigator and determining when to use an outside investigator Conducting internal investigations in a unionized environment: Overcoming the challenges How would you handle the investigation in the presented case scenario? 2:15 Networking Refreshment Break 2:30 Steering Clear of Reprisal Complaints when Workers Exercise Rights Such as Work Refusals Goldie Bassi Gowling Lafleur Henderson LLP When do workers have the right to refuse work for fear of violence, bullying or harassment? What are the limitations on this right? When an employee refuses to work, what steps should the employer take to investigate and find solutions? What is proper discipline? When is discipline a reprisal? Reducing the possibility of reprisal complaints: Best practices for employers 3:15 Critical Privacy Issues in Documenting and Investigating Incidents of Violence and Claims of Bullying or Harassment Rafael Eskenazi Freedom of Information and Protection of Privacy (FIPP) Director University of Toronto Understanding how privacy legislation affects the employee screening process: Dos and Don ts Documenting incidents and complaints of violence, bullying and harassment: Key guidelines Tracking When and how can it be done? When can and when must private information be shared? Strategies for a privacy compliant internal investigation Responding to violence: Emergency disclosure of private information When and how can you disclose information Quiz in the presented case scenario? 4:00 Closing Remarks from the Co-Chairs: Conference Concludes PRE-CONFERENCE WORKSHOP May 20, :00-5:00 p.m. Managing High-Risk Workplace Terminations: Proactive Strategies for Reducing Liability Daniel Wong Osler Hoskin & Harcourt LLP When can or should an employer terminate for bullying, harassment or violence? Preparing for a potentially violent termination meeting Reducing risk prior to termination: What measures should you have in place? Preparing a termination checklist Controlling the termination meeting and dealing with volatile employees during the meeting Avoiding common pitfalls in a high risk termination meeting Analyzing and responding to any allegations of cause Structuring and formulating a severance package: Best practices What should go and not go in the termination letter? What are the requirements for an enforceable release sought at the time of termination? The dos and don ts of a high-risk termination meeting What procedures should you implement to following termination to reduce potential threats? Avoiding the panic: Successfully communicating termination decisions to remaining staff The Canadian Institute, 2009

6 May 21-22, 2009 Four Seasons Hotel Toronto Managing Workplace Violence, Bullying & Harassment Proactive Risk Management Strategies for Companies and Their Advisors To expedite your registration, please mention your Priority Service Code 301L09_INH REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: HR Professional, Safety Manager, Lawyer, In-House Counsel Top Reasons to Attend Get up-to-date on emerging legislation Meet your obligation to provide a safe workplace Develop effective violence prevention policies Contain the risk of violence, harassment & bullying Learn to prevent and resolve claims efficiently 5 EASY WAYS TO REGISTER Phone: or Fax: or CustomerService@CanadianInstitute.com Mail: The Canadian Institute 1329 Bay Street Toronto, Ontario M5R 2C4 Online: STEP 3 STEP 2 STEP 1 CONFERENCE CODE: 301L09-TOR YES! Please register the following delegate for Managing Workplace Violence, Bullying & Harassment CONTACT DETAILS NAME ORGANIZATION ADDRESS POSITION CITY PROVINCE POSTAL CODE TELEPHONE TYPE OF BUSINESS APPROVING MANAGER FAX NO. OF EMPLOYEES POSITION PAYMENT Please charge my VISA MasterCard AMEX NUMBER EXPIRY SIGNATURE I have enclosed my cheque for $ including GST made payable to The Canadian Institute (GST No. R ) For group discounts please call FEE PER DELEGATE Register & Pay by April 23, 2009 Register & Pay after April 23, 2009 Conference Only $ % GST = $ $ % GST = $ Conference + Interactive Learning Session $ % GST = $ $ % GST = $ Conference participants will receive a CD-ROM of the conference materials as part of their registration fee Please add a conference materials BINDER to my order $195 + $21.95 (S & H) (+ applicable taxes) I cannot attend but would like information regarding conference materials Wire Transfer ($CAD) Please quote the name of the attendee(s) and the event code 301L09 as a reference. Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Branch #: ADMINISTRATIVE DETAILS VENUE: FOUR SEASONS HOTEL ADDRESS: 21 AVENUE ROAD, TORONTO, ON TEL.: Hotel Reservations For information on hotel room availability and reservations, please contact Four Seasons Hotel at When making your reservation, please ask for The Canadian Institute s Corporate Rate. Program Materials Conference participants will receive a comprehensive set of conference materials prepared by the speakers, as an excellent reference source after the conference. If you have paid and are unable to attend, the conference materials will be shipped to you upon request only. Request must be received within 30 days upon conclusion of the conference. Payment Policy Payment must be received in full by the conference date to ensure admittance. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other conference by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. The Canadian Institute reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by The Canadian Institute for changes in program date, content, speakers or venue. Incorrect Mailing Information To advise us of changes to your contact information, please send amendments by Fax to or us at Data@ CanadianInstitute.com or visit our website and click on update your customer information.