2023 AGENDA

All times in MT

• 8:30 AM

  Registration & virtual orientation

• 9:00 AM

  Opening remarks

• 9:05 AM

  Case study: New strategies for handling harassment and bullying in the hybrid workplace

  Managing a hybrid workplace can make identifying and responding to bullying and harassment in a timely and effective manner challenging. Employers need to ensure that their policies and protocols are up to date, and ready to deal with workplace behaviour issues when they arise. This case study will provide an update on policies, procedures, and prevention plans, and a look at effective workplace investigation strategies. 

  • The importance of updating your workplace policies, procedures, and prevention plans  
  • How to investigate incidents around bullying and harassment  
  • The nuances of toxic work environments, gaslighting, and their relationships to bullying and harassment  
  • Ensuring a respectful work environment to minimize stress and burnout  

  

  Adrian Elmslie

  Partner
  Dentons Canada LLP

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  Adrian Elmslie

  Partner
  Dentons Canada LLP

  Adrian Elmslie is the head of Dentons LLP’s Alberta Labour and Employment Group. Adrian joined the firm in 1999 after completing his articles with the Alberta Court of Queen’s Bench and Court of Appeal.  

  Adrian provides labour and employment advice to a diverse cross section of employers in both union and non-union settings. Adrian is experienced in all aspects of labour and employment law at both the provincial and federal level and provides advice and representation to employers on a broad variety of issues including: 

  • Labour Arbitrations; Collective Bargaining and administration of collective bargaining agreements; 
  • Labour Relation Board applications and hearings; 
  • Employment litigation; 
  • Employee discipline and dismissal; 
  • Corporate reorganizations, mergers and acquisitions;  
  • Protection and recovery of confidential information; 
  • Enforcement of restrictive covenants and unfair competition claims; 
  • Drafting of employment agreements; 
  • Employment standards regulations for both provincially and federal sphere; 
  • Human Rights (workplace accommodation, discrimination, harassment, and drug and alcohol testing); and, 
  • Privacy.  

  Adrian has appeared in all levels of Court in Alberta and Saskatchewan and has also represented employers in many other forums including labour arbitration hearings, the Alberta Labour Relations Board, the Canadian Human Rights Tribunal, and the Alberta Human Rights Tribunal. 

• 9:40 AM

  Case study: Managing accommodations in the workplace for mental and physical health issues

  Whether dealing with chronic mental or physical health issues, and episodic or long-term disability, employers need to be mindful of their duty to accommodate. What types of new accommodation challenges are employers facing, and how should they best respond? What proactive steps do employers need to take to ensure they are properly accommodating employees’ needs to avoid future litigation, while ensuring they are protecting the needs of the business?     

  • Understanding an employer’s duty to accommodate – stress, depression, long-term disability  
  • Managing the intersecting obligations of employment standards, human rights, and benefits 
  • Assessing the legal implications of granting episodic leave 

  

  Lindsey Knibbs

  Associate
  Blake, Cassels & Graydon LLP

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  Lindsey Knibbs

  Associate
  Blake, Cassels & Graydon LLP

  Lindsey practises in all areas of labour and employment law. She regularly advises employers in respect of all issues relating to the employment relationship, including wrongful and constructive dismissal claims, employment standards disputes, human rights complaints, labour relations, benefits issues and the development and implementation of workplace policies. She also frequently advises organizations about how such issues can impact corporate transactions. 

  In addition, Lindsey is developing an active privacy and cyber-security practice, advising employers on matters such as access to information requests, preparing for and responding to privacy and data breaches and compliance with privacy and anti-spam legislation. She is a certified information and privacy professional (CIPP/C) with the International Association of Privacy Professionals. 

   

• 10:15 AM

  Case study: An update on hybrid work policies – Protecting your business from potential legal issues

  Hybrid work continues to be a major issue for many companies, and the Federal government has recently mandated that remote work be granted on a case-by-case basis. What does this mean for your business, and your company’s hybrid work policy?  This session will provide an overview of best practices for meeting all legal obligations associated with a hybrid workforce while still hitting business targets.  

  • Developing a comprehensive strategy to avoid legal issues related to hybrid workplaces 
  • When employees refuse to go back – An update on constructive dismissal cases due to failure to return to the office 
  • When should an employee be permitted to work remotely beyond company policy? 

  

  Jennifer Koschinsky

  Senior Counsel
  Stikeman Elliott LLP

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  Jennifer Koschinsky

  Senior Counsel
  Stikeman Elliott LLP

  Jennifer Koschinsky is senior counsel in the Employment & Labour Group. Her practice focuses on all aspects of the employment relationship, from pre-employment matters and hiring to performance management, and discipline and termination. Jennifer provides practical advice to employers concerning employment law compliance, human rights and workers’ compensation, including drafting employment agreements, policies, restrictive covenants, and termination documentation. She is also an experienced management-side labour lawyer and routinely advises unionized clients on collective bargaining, grievances, and arbitration matters. 

  Jennifer has appeared before human rights tribunals, labour boards, arbitration boards, and all levels of the courts in both Alberta and Saskatchewan. 

  Prior to joining Stikeman Elliott, Jennifer led the advocacy and employment law practice at a boutique law firm in Calgary. 

• 10:50 AM

  Networking and coffee break: Q&A ‘Ask the Experts’ breakout

  Have a question or comment for our panel of employment law experts? Join this short question and answer session to hear the answers to your most important HR and employment law queries. 

  

  Adrian Elmslie

  Partner
  Dentons Canada LLP

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  Adrian Elmslie

  Partner
  Dentons Canada LLP

  Adrian Elmslie is the head of Dentons LLP’s Alberta Labour and Employment Group. Adrian joined the firm in 1999 after completing his articles with the Alberta Court of Queen’s Bench and Court of Appeal.  

  Adrian provides labour and employment advice to a diverse cross section of employers in both union and non-union settings. Adrian is experienced in all aspects of labour and employment law at both the provincial and federal level and provides advice and representation to employers on a broad variety of issues including: 

  • Labour Arbitrations; Collective Bargaining and administration of collective bargaining agreements; 
  • Labour Relation Board applications and hearings; 
  • Employment litigation; 
  • Employee discipline and dismissal; 
  • Corporate reorganizations, mergers and acquisitions;  
  • Protection and recovery of confidential information; 
  • Enforcement of restrictive covenants and unfair competition claims; 
  • Drafting of employment agreements; 
  • Employment standards regulations for both provincially and federal sphere; 
  • Human Rights (workplace accommodation, discrimination, harassment, and drug and alcohol testing); and, 
  • Privacy.  

  Adrian has appeared in all levels of Court in Alberta and Saskatchewan and has also represented employers in many other forums including labour arbitration hearings, the Alberta Labour Relations Board, the Canadian Human Rights Tribunal, and the Alberta Human Rights Tribunal. 

  

  Jackie Laviolette

  Partner
  Mathews, Dinsdale & Clark LLP

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  Jackie Laviolette

  Partner
  Mathews, Dinsdale & Clark LLP

  Jackie has supported employers in all areas of workplace law for over two decades.  Jackie represents provincially and federally regulated employers, in both the public and private sectors, and provides strategic advice in managing complex legal situations involving employees and unions.  She has extensive experience assisting employers on day-to-day matters in the areas of workplace conflict, labour arbitration, collective bargaining, wrongful dismissals, union certifications and policy development.  

  Prior to joining the firm, Jackie acted as in-house counsel for the largest unionized employer in Alberta and appeared as lead counsel before Boards of Arbitration, Labour Boards, human rights tribunals and all levels of Court in the province.  Her experience as in-house counsel provides the foundation for arming clients with practical solutions that align with the business’s operational goals. 

  In addition, Jackie is trained in trauma-informed investigations and is frequently retained to conduct independent workplace investigations into allegations of workplace harassment, discrimination, or other employee complaints.  

  Jackie has served on many volunteer boards throughout Calgary, most recently appointed as a Board of Director to both CPHR Alberta and Sport Calgary.  She offers her time as an instructor to the Trial Advocacy program at the University of Calgary and is the past-Chair of the Canadian Bar Association – Alberta Branch, Labour and Employment Section.  Jackie is a frequent speaker at various labour and employment conferences and seminars. 

   

  

  Jill Wilkie

  Partner
  Miller Thomson

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  Jill Wilkie

  Partner
  Miller Thomson

  Jill Wilkie specializes in advising employers on all aspects of labour and employment law including: employment agreements, collective agreements, policies, restrictive covenants, fiduciary duties, wrongful and constructive dismissal, human rights, employment standards, privacy, disability management, performance management, employee misconduct, workplace investigations and terminations. Jill provides effective and practical advice and solutions, in a responsive and timely way. Jill’s experience in Labour & Employment Litigation includes matters of wrongful dismissal, constructive dismissal, injunction applications, breach of restrictive covenants, breach of confidentiality and breach of fiduciary duties. 

  Jill’s practice has been recognized by The Best Lawyers in Canada for Labour and Employment Law (2022), Canadian Legal Lexpert Directory for Employment Law  (2020-2022), as well as Chambers Canada for Employment and Labour  (2021-2022). She is also recognized as one of 2020’s Lexpert Rising Stars: Leading Lawyers Under 40.  

• 11:25 AM

  Case study: Diversity, inclusion, and equality in the workplace – A practical update for HR professionals 

  DEI is increasingly important, as businesses seek to increase engagement, develop a sense of belonging among employees, and ensure pay equity in line with new federal regulations. This session will look at the rules, regulations, and obligations that employers need to be mindful of when integrating diversity and inclusion policies and protocols in the workplace. 

  • Update on provincial and federal human rights legislation – what are the typical vulnerabilities for employers?  
  • How can employers effectively implement DEI programs in a hybrid work environment?  
  • Ensuring your company’s compliance with the Canadian Pay Equity plan 

  

  Jackie Laviolette

  Partner
  Mathews, Dinsdale & Clark LLP

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  Jackie Laviolette

  Partner
  Mathews, Dinsdale & Clark LLP

  Jackie has supported employers in all areas of workplace law for over two decades.  Jackie represents provincially and federally regulated employers, in both the public and private sectors, and provides strategic advice in managing complex legal situations involving employees and unions.  She has extensive experience assisting employers on day-to-day matters in the areas of workplace conflict, labour arbitration, collective bargaining, wrongful dismissals, union certifications and policy development.  

  Prior to joining the firm, Jackie acted as in-house counsel for the largest unionized employer in Alberta and appeared as lead counsel before Boards of Arbitration, Labour Boards, human rights tribunals and all levels of Court in the province.  Her experience as in-house counsel provides the foundation for arming clients with practical solutions that align with the business’s operational goals. 

  In addition, Jackie is trained in trauma-informed investigations and is frequently retained to conduct independent workplace investigations into allegations of workplace harassment, discrimination, or other employee complaints.  

  Jackie has served on many volunteer boards throughout Calgary, most recently appointed as a Board of Director to both CPHR Alberta and Sport Calgary.  She offers her time as an instructor to the Trial Advocacy program at the University of Calgary and is the past-Chair of the Canadian Bar Association – Alberta Branch, Labour and Employment Section.  Jackie is a frequent speaker at various labour and employment conferences and seminars. 

   

• 12:00 PM

  Case study: Employee privacy – An overview of employee rights and employer obligations

  Workplace privacy is a topic that employers need to focus attention on as incidences of legal action increase, and companies need to be ready to implement updated policies as new legislation is created to protect employee rights. This session will examine this grey area to show how employers can better understand the limits of employee surveillance and balance it with the needs of the business while protecting their workforce. 

  • Maintaining privacy during workplace investigations to protect the parties involved, while still gathering the necessary information 
  • Analysing organizational needs and limiting surveillance to necessary and reasonable bounds 
  • An update on privacy legislation across Canada; when can we expect to see new privacy laws in Alberta? 

  

  Ryan Smith

  Principal
  Neuman Thompson

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  Ryan Smith

  Principal
  Neuman Thompson

  Ryan practices in all areas of labour and employment law. Ryan joined Neuman Thompson in June of 2016 and has previous experience in labour and employment at a National Firm in Edmonton. Ryan has experience with contracts, restrictive covenants, certification and decertification applications, collective agreements, unfair labour practices, successor/common employer applications, unlawful strikes, policies, human rights, privacy, workplace safety, wrongful dismissals, and other areas of employment and labour law.

  Ryan graduated from Western University with a Bachelor of Arts (Hons) and holds a JD., from the University of Alberta. Prior to attending law school, Ryan worked as a writer and a journalist.

  Ryan loves all sports and played point guard for the 1991 Western University national champion basketball team

• 12:30 PM

  Lunch break

• 1:00 PM

  Case study: An update on OHS legislation and a review of key WCB cases

  Changing health and safety legislation is at the top of many employers’ lists of challenges and concerns. More than ever, employers need to be aware of their changing OHS responsibilities and increasing penalties for non-compliance. This session will help employers stay on top of new OHS legislation and review recent WCB decisions on disability management, accidents, and injuries.  

  • Overview and update on current provincial and local health and safety guidelines  
  • Updating onsite health and safety policies and protocols; How to address violations  
  • Practical issues for ensuring employee health and safety in a hybrid work setting  
  • Understanding your company’s obligations towards contract workers 

  

  Teresa Haykowsky, KC

  Partner
  McLennan Ross LLP

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  Teresa Haykowsky, KC

  Partner
  McLennan Ross LLP

  Teresa Haykowsky is a powerful and dedicated bilingual advocate for her clients. She provides practical advice and solid solutions based on her depth of knowledge in education law, labour and employment, constitutional, administrative, occupational health and safety, municipal, and privacy law. 

  Teresa has a strong commitment to exceptional service. She is dedicated to advising and representing public, separate, Francophone public, and Francophone separate school boards, charter schools and independent school authorities in the decisions they make to support education. In addition to her education law clients, Teresa assists municipalities, government, and the management-side of organizations from many different industry sectors.  

  Teresa provides legal advice and representation in the areas of day-to-day labour, employment and human resources matters, employment litigation, grievance arbitration hearings, collective bargaining, collective agreement interpretation, wrongful dismissals, draft of employment contracts and confidentiality agreements, workplace policies, including respectful workplace, OHS and general employment policies and practices. Teresa also works in all areas affecting school authorities in Alberta including corporate governance-related issues, governance training, school trustee codes of conduct, code of conduct trustee hearings, conflict of interest issues, school board hearings (teacher transfer, suspension and termination hearings, school closure hearings, student hearings) and internal investigations. Teresa also conducts workplace investigations in the areas of harassment, discrimination and allegations of inappropriate employee or student conduct. 

  Teresa has extensive litigation experience in English and in French in the areas of labour and employment, constitutional, human rights, privacy and administrative law and advises professional bodies in the regulation of their members. With clients across Alberta and the North, she also assists municipalities and hamlets in matters of municipal and administration law, including bylaws and council issues. Additionally, Teresa advises on Francophone minority linguistic rights and section 23 Charter rights.  

  Teresa is fluently bilingual and regularly appears before the courts and administrative tribunals in French as well as submits written material in French. She has appeared before every level of court in Alberta, twice before the Supreme Court of Canada, various human rights tribunals, arbitration boards, and other administrative tribunals, the Alberta Labour Relations Board, and the Canada Industrial Relations Board, 

  Teresa has depth in the evolution and changes which have occurred in education law over the past twenty-five years. She is particularly well-versed in the School Act and the new Education Act. With her creativity and experience, she has the ability to look outside of purely theoretical or academic solutions.  

  Authentic and dedicated, Teresa’s reputation for reliable and smart advice is well-earned. Her clients have relied on her keen advocacy for decades. Teresa has a unique understanding of education (K-12) industry, as well as the law. She strives to understand what will work for each individual client and knows sometimes the law is only one part of what they’re looking for and other times it is the whole answer. 

  In her practice, Teresa often deals with high-conflict situations and short deadlines. She makes these files her priority. She is reachable any time, seven days a week, because client service is her focus and helping people is her goal. To Teresa, the work should always be about the client and never about the lawyer.  

   

• 1:35 PM

  Panel: How to handle terminations and layoffs in your organization 

  Terminations can be a lengthy and difficult process for many organizations and can carry the risk of wrongful termination claims. What can employers do to better protect themselves throughout the termination process? This session will look at steps employers can take to avoid higher severance payments and potential damages due to legal oversights. 

  • An overview of recent constructive dismissal cases and decisions 
  • Managing the termination process – adequate notice, severance, and just cause 
  • Tips for drafting enforceable termination clauses to minimize liability   

   

  Moderator

  

  Timothy D. Mitchell, KC

  Partner
  McLennan Ross LLP

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  Timothy D. Mitchell, KC

  Partner
  McLennan Ross LLP

  For over 25 years, Timothy has advocated for federally and provincially regulated employers on matters related to workplace law. He is a trusted legal advisor and acts as lead counsel on significant labour, employment, and workplace human rights cases. 

  Timothy is involved in the resolution of hundreds of labour grievances, human rights complaints, and employment law matters each year on behalf of employers and regularly appears before all workplace law administrative tribunals. Timothy also handles judicial review applications before Courts and the Alberta Labour Relations Board and has represented employers on appeals in the Federal Court of Appeal; including leave to appeal applications to the Supreme Court of Canada. 

  Timothy is peer ranked as one of the top labour and employment lawyers in Alberta and Canada. Timothy’s commitment to building trusting relationships through counseling employers on their most complex issues contributes to his reputation as one of Canada’s foremost labour lawyers. 

  Timothy’s experience and insight in collective bargaining and interest arbitrations (litigation to set the terms of a collective agreement) is unparalleled. He regularly handles difficult and complex rounds of collective bargaining in both the public and private sectors, and has acted as chief spokesperson on hundreds of matters, including complex first agreement negotiations. 

  Timothy is currently engaged as chief spokesperson in numerous rounds of collective bargaining for public sector employers negotiating multi-year collective agreements involving billions of dollars of wages, and sits on the Government of Alberta’s public sector Labour Relations Advisory Committee (LRAC) as a stakeholder representing Post-secondary Institution employers. 

  Timothy routinely works with private and public sector clients from major oil and gas companies to municipalities. He is an especially prominent figure in public sector labour relations. Timothy represents many of Alberta’s municipalities, universities, and colleges in their dealings with unions, associations, students, and government. Timothy has addressed numerous matters under the Reform of Agencies, Boards and Commissions Compensation Act (“RABCCA”) and has successfully obtained several Ministerial Orders from the Minister of Finance on behalf of Boards of Governors for modification to the application of RABCCA to various designated executives in the public sector. 

  Timothy considers his partnerships with his clients the most rewarding aspect of his practice. Clients appreciate his ability to understand their objectives and break down complex labour relations problems into practical, tailored advice. Timothy’s ability to forge constructive relationships is far-reaching. He believes that strong advocacy for his clients’ interests combined with collegial relationships with decision-makers and opposing counsel net the most favourable results. 

  Timothy regularly shares his expertise as a speaker or chairing employment or labour conferences throughout Western Canada, and as a lecturer at courses and seminars on employment and labour law. He has contributed to a number of different industry publications including a regular column for the Canadian Employment Law Today Magazine. He has also co-authored a book on employment law entitled Employment Law Answers. 

   

  Panelists

  

  Catherine Hamill

  Associate
  Osler, Hoskin & Harcourt LLP

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  Catherine Hamill

  Associate
  Osler, Hoskin & Harcourt LLP

  Catherine provides strategic advice to employers in all areas of employment and labour law. She helps clients mitigate legal risks and implement best practices for developing workplace policies and complying with employment standards, human rights,  and workplace safety laws.

  Catherine also helps employers navigate issues that arise during the employment relationship, including representing clients in employment litigation matters and labour arbitrations.

  

  Brian Thiessen, KC

  Managing Partner, Calgary
  Osler, Hoskin & Harcourt LLP

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  Brian Thiessen, KC

  Managing Partner, Calgary
  Osler, Hoskin & Harcourt LLP

  Brian Thiessen is the Managing Partner of Osler, Hoskin & Harcourt’s Calgary Office. His practice focuses on the managerial side of employment and labour issues, including executive employment arrangements, retention arrangements, restrictive covenants, privacy law matters, employment disputes and human rights complaints. He frequently advises corporations on the employment and privacy law ramifications of corporate transactions, including with respect to unionized and non-unionized employees. In addition, he has worked with corporations to facilitate the development and implementation of privacy and employment policies, including the training of employees, managers and privacy officers. 

  Brian has appeared as counsel before the Provincial Court of Alberta, the Court of King’s Bench of Alberta, the Court of Appeal of Alberta, as well as the Alberta Human Rights Commission. He has represented clients on the interpretation of executive employment contracts, shareholder disputes, wrongful dismissal actions, share purchase agreements, and non-competition and non-solicitation agreements. 

  

  M. Jean Torrens

  Partner
  MLT Aikins LLP

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  M. Jean Torrens

  Partner
  MLT Aikins LLP

  M. Jean Torrens acts as a strategic partner with human resources and business leaders in a variety of industries and the public sector to manage complex legal situations involving employees and unions. She has extensive experience acting for management in conducting collective bargaining, advising on discipline and terminations, navigating challenging human rights situations, investigating harassment complaints, ensuring policy compliance and defending employers facing litigation. She helps employers proactively address pandemic response and mental health challenges in the workplace, and supports employers responding to urgent OH&S situations. 

  

  Jill Wilkie

  Partner
  Miller Thomson

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  Jill Wilkie

  Partner
  Miller Thomson

  Jill Wilkie specializes in advising employers on all aspects of labour and employment law including: employment agreements, collective agreements, policies, restrictive covenants, fiduciary duties, wrongful and constructive dismissal, human rights, employment standards, privacy, disability management, performance management, employee misconduct, workplace investigations and terminations. Jill provides effective and practical advice and solutions, in a responsive and timely way. Jill’s experience in Labour & Employment Litigation includes matters of wrongful dismissal, constructive dismissal, injunction applications, breach of restrictive covenants, breach of confidentiality and breach of fiduciary duties. 

  Jill’s practice has been recognized by The Best Lawyers in Canada for Labour and Employment Law (2022), Canadian Legal Lexpert Directory for Employment Law  (2020-2022), as well as Chambers Canada for Employment and Labour  (2021-2022). She is also recognized as one of 2020’s Lexpert Rising Stars: Leading Lawyers Under 40.  

• 2:20 PM

  Closing remarks