2022 AGENDA

All times in MT

• 8:30 AM

  Registration & virtual orientation

• 9:00 AM

  Opening remarks

• 9:05 AM

  Case study: Accommodation in the workplace – Managing episodic leave for mental and physical health issues

  Employee wellbeing has suffered multiple setbacks in recent years, including health issues caused by long covid, and mental stress caused by the return to the office. Chronic mental and health issues are increasingly contributing to reduced productivity and resignations. This session will look at employers’ legal obligations, and how they can support employees while still meeting 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
  • How to accommodate employees on return from extended leaves of absence

  

  Wilson Chan

  Partner
  Mathews Dinsdale & Clark

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  Wilson Chan

  Partner
  Mathews Dinsdale & Clark

  Wilson is a trusted advisor and experienced litigator who has focused his practice on all aspects of the employee-employer relationship. This includes advising employers on all aspects of workplace law, including wrongful dismissal claims, workers’ compensation and occupational health and safety matters, labour board and grievance arbitrations,  human rights and privacy complaints, conducting workplace investigations, and counselling on privacy and cybersecurity related matters. Wilson is experienced in trial, appellate and arbitral work and has successfully appeared before the Provincial Court of Alberta, the Court of Queen’s Bench of Alberta, the Court of Appeal of Alberta, as well as a number of quasi-judicial bodies.

• 9:40 AM

  Case study: Developing an effective and compliant performance management strategy

  With many employees needing to modify their roles due to accommodations for health or medical reasons, many employers are finding it increasingly challenging to navigate performance issues.

  With an increase in the number of cases of long-term leave, and lengthy return to work plans, employers can struggle to balance their obligations to employees, with the needs of the business. This session will look at strategies for proactively addressing performance issues during short-term and long-term absences.

  • Understanding employees’ rights regarding performance expectations during and after disability leave
  • Documenting performance evaluations, reviews, and disciplinary actions: How does a hybrid workplace impact this?
  • Addressing hybrid worker and post-leave performance issues to avoid complex just cause dismissal cases

  

  Evan Oikawa

  Associate Lawyer
  Osuji Smith

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  Evan Oikawa

  Associate Lawyer
  Osuji Smith

  Evan is a lawyer and mediator with Osuji and Smith Lawyers, a multi-award winning and fast-growing law firm located in Calgary, Alberta. His practice focuses on employment, labour, and human rights issues – with a particular emphasis on employee-side litigation. Evan recognizes the human element of the law and strives to bring empathy and understanding to his legal practice.

  Before joining the Osuji and Smith Team, Evan worked in the public service within the Ministry of Labour and Immigration. As a result of this experience, he has unique knowledge and insight into employment-related legislation. In 2018 and 2019, he was involved in drafting employment standards rules related to specialized industries in Alberta, including mushroom growers and road builders.

• 10:15 AM

  Case study: Legal issues surrounding hybrid work – A practical overview for HR professionals

  Hybrid work arrangements have become the norm for many workplaces; while these arrangements have several benefits for both employees and companies, employers need to stay on top of policy and contract updates, and potential liabilities. This session will provide an overview of best practices for meeting all legal obligations associated with a hybrid workforce.

  • Developing a comprehensive strategy to support a hybrid workforce
  • Understanding the legal implications of multi-jurisdictional workers
  • Employee repatriation to the office – A look at constructive dismissal cases due to failure to return to the workplace
  • Understanding remote workers’ rights – are the right to disconnect and employee monitoring legislation coming to Alberta? What does it mean for your business?

  

  Gordana Ivanovic

  Partner
  McMillan LLC

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  Gordana Ivanovic

  Partner
  McMillan LLC

  Gordana Ivanovic is a skilled employment and labour litigation lawyer with extensive experience acting for clients in the manufacturing sector.

  Involved in all aspects of litigation, including alternate dispute resolution, Gordana has acted as co-counsel or lead counsel in various trials. She routinely assists employers with matters involving wrongful dismissal, employment contracts, terminations and employment standards. Gordana prepares documents for all levels of court in Alberta and appears regularly before the Court of Queen’s Bench of Alberta.

  Prior to joining McMillan, Gordana spent many years at a civil litigation firm where she gained extensive experience litigating in the areas of corporate and commercial law, contracts, and employment and labour disputes.

   

  Email: [email protected]

  Expertise: Employment & Labour Relations, Franchising & Distribution, Litigation & Dispute Resolution, Manufacturing Location: Calgary

  Phone: 403.531.8740

  Position/Title: Counsel, Employment & Labour Relations

   

  Directorships & Affiliations:

  • Canadian Association of Counsel to Employers
  • Canadian Bar Association
  • Canadian Bar Association Civil Litigation Subsection – Chair

   

  Education & Admissions:

  Degree: Called to the Alberta bar

  Year: 2006

   

  Degree: LLB

  University: University of Alberta

  Year: 2004

   

  Degree: B.Sc. and BA

  University: University of Winnipeg

  Year: 1999

  Media Mentions:

  • Alberta revamps rules around layoffs, holiday pay. Article by John Dujay, Canadian HR Reporter, October 21, 2020.

   

  Industries: Manufacturing, Franchising & Distribution

  Practices: Employment & Labour Relations, Litigation & Dispute Resolution

• 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.

  

  Wilson Chan

  Partner
  Mathews Dinsdale & Clark

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  Wilson Chan

  Partner
  Mathews Dinsdale & Clark

  Wilson is a trusted advisor and experienced litigator who has focused his practice on all aspects of the employee-employer relationship. This includes advising employers on all aspects of workplace law, including wrongful dismissal claims, workers’ compensation and occupational health and safety matters, labour board and grievance arbitrations,  human rights and privacy complaints, conducting workplace investigations, and counselling on privacy and cybersecurity related matters. Wilson is experienced in trial, appellate and arbitral work and has successfully appeared before the Provincial Court of Alberta, the Court of Queen’s Bench of Alberta, the Court of Appeal of Alberta, as well as a number of quasi-judicial bodies.

  

  Jackie Laviolette

  Counsel
  Mathews Dinsdale & Clark

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  Jackie Laviolette

  Counsel
  Mathews Dinsdale & Clark

  Jackie is a skilled advocate and trusted advisor to the firm’s clients. Before joining the firm, Jackie spent fifteen years in-house, most recently as the Associate General Counsel – Labourand Employment for Alberta Health Services. Acting for the largest unionized employer in Alberta, Jackie appeared as lead counsel before Boards of Arbitration, the Labour Board, human rights tribunals and all levels of Court in the province. Jackie brings her wealth of experience in both health care and education to the firm’s clients in those sectors and others; assisting with mediations, interest arbitrations, certifications and essential services negotiations. She also previously worked as a Labour Relations Specialist for a post-secondary institution, as well as received her articling training at a regional firm that has a specialization in labour and employment. Jackie takes pride in working with clients to achieve practical solutions that align with their operational goals. She regularly provides advice on policy development and implementation, workplace complaints and investigations, workplace training and general employee relations.

• 11:25 AM

  Case study: Investigating bullying and harassment, in the office and virtually

  With the continuing return to the office, incidences of harassment and bullying continue to be a serious issue.  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.  

  • How to investigate incidents and reports of bullying and harassment among hybrid and in-office workers  
  • Understanding how to identify and manage cases of harassment, including virtual harassment  
  • Best practices for conducting investigations in a hybrid workplace  
  • Remaining compliant with recent legislative changes while conducting an investigation 

  

  Cristina Wendel

  Partner
  Dentons Canada LLP

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  Cristina Wendel

  Partner
  Dentons Canada LLP

  Cristina Wendel is a member of the Edmonton employment and labour group and is the leader of the Alberta occupational health and safety practice.

  Cristina advises and represents employers in all aspects of occupational health and safety matters, including day-to-day compliance, incident response, investigations and defending employers charged with occupational health and safety offences. In addition, Cristina represents federally and provincially regulated, unionized and non-unionized employers in a variety of employment and labour law matters such as wrongful dismissal claims, employment standards disputes, human rights issues, labour arbitrations, labour relations board proceedings and unfair competition actions. She provides strategic advice to employers on matters such as employment contracts, workplace policies, restrictive covenants, managing employees, workers’ compensation matters, workplace discrimination andaccommodation concerns, and labour relations issues.

  Cristina also practices education and constitutional law, advising school boards on a variety of labour and employment and constitutional law matters.

  Cristina is a regular presenter at seminars and courses, including Dentons’ Breakfast for the Mind series, on a variety of current occupational health and safety, employment and labour topics.She is also a member of Dentons’ National Diversity and Inclusion Committee.

• 12:00 PM

  Case study: Updating contracts, compensation, and benefits to remain competitive

  The increasing complexity and rapid change of employment law has led to more cases of outdated contracts and courts siding with employees during disputes. This session will provide an update on contracts, compensation, and benefits to help your company avoid costly legal missteps, and ensure that you stay ahead of the curve.

  • What do employers need to consider in their contracts for new hires?
  • How to incorporate retention strategies within your employee contracts
  • How to draft contracts that will mitigate future liabilities
  • How can employers amend current employment contracts to bring them up to date?

  

  Bob Graham

  Partner
  Burnet, Duckworth & Palmer

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  Bob Graham

  Partner
  Burnet, Duckworth & Palmer

  Bob is an established employment lawyer with over 18 years’ experience advising employer and employee clients in a range of sectors including energy, construction and banking.

  He advises employers with respect to terminations, layoffs, downsizings, hiring practices, human rights issues, disability issues, hiring policies and practices, drug and alcohol policies/testing, employment policies and procedures and corporate governance matters. When his clients are involved in mergers, sales and other business combinations, Bob advises on the related employment law matters for these transactions.

  He also works with employees, providing legal advice with respect to terminations, human rights issues, employment agreements, corporate governance matters and other employment matters.

  When required, Bob represents employers and employees in employment related litigation.

  

  Shana Wolch

  Partner
  McCarthy Tetrault

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  Shana Wolch

  Partner
  McCarthy Tetrault

  Shana is a management-side employment and labour lawyer and the lead partner in McCarthy Tétrault’s Calgary office for the L&E group. Her client base spans various industries including oil and gas, energy, transportation, hospitality, education, cannabis, manufacturing, construction and many others.

  While Shana’s practice encompasses all employment and labour matters, she has a particular focus on occupational health and safety, white collar crime and breach of trust, workers’ compensation and disability management, human rights, workplace investigations including whisteblower matters, privacy, data breaches and, transactions.

  Shana is currently the Alberta Director for the Canadian Association of Counsel to Employers (CACE) and is the Past Chair of the CBA Labour and Employment (Alberta) Subsection. She also serves as a director on the Mount Royal University Foundation Board. She consistently receives high rankings in her industry group by numerous notable leading lawyer ranking systems including Chambers, Lexpert, the Legal 500, Acritas Stars, and Best Lawyers in Canada.

• 12:30 PM

  Lunch break

• 1:00 PM

  Panel: Navigating just cause and constructive dismissal

  Just cause and constructive dismissals can be a lengthy and difficult process for many organizations and can carry the risk of wrongful termination claims if not handled properly. Courts are increasingly deciding in favour of employees when there are contract issues or when employers don’t have clear, up-to-date policies in place. This session will look at steps employers can take to better protect themselves throughout the termination process and avoid higher severance payments and potential damages.

  • An overview of recent case law on just cause and constructive dismissal
  • Best practices for drafting enforceable termination clauses to minimize liability
  • How has COVID-19 changed the legal landscape? What will be the lasting implications for constructive dismissals?

  Moderator

  

  Jean Torrens

  Partner
  MLT Aikins LLP

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  Jean Torrens

  Partner
  MLT Aikins LLP

  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. 

  Panelists

  

  Thomas Duke

  Partner
  Miller Thomson

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  Thomas Duke

  Partner
  Miller Thomson

  Tom Duke is an experienced labour and employment lawyer. Tom advises clients, including
  employers in federally and provincially regulated industries, on a wide range of matters such as
  human rights, employment standards, terminations, and workplace safety.
  Tom provides prompt and pragmatic advice on discipline issues. He also has diverse litigation
  experience that includes commercial disputes, shareholder disputes, and negligence cases.
  Tom has appeared in the Provincial Court, the Court of Queen’s Bench, and the Court of
  Appeal, as well as administrative hearings before the Labour Relations Board and the Human
  Rights Tribunal.

  Tom has presented lectures and seminars on employment law and other issues. Prior to
  attending law school, Tom worked in broadcast journalism.

  Tom is an active member of his community and is involved in minor sports.

  

  Tom Ross

  Partner
  McLennan Ross

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  Tom Ross

  Partner
  McLennan Ross

  Tom Ross is a partner in the law firm McLennan Ross LLP and based in its Calgary office. Tom advises and represents employers (union and non-union) in various industries with respect to labour arbitrations, Labour Relations Board applications, collective bargaining, wrongful dismissal, human rights, privacy, employment standards, investigations, and various other labour and employment matters. He provides ongoing advice with respect to employment decisions and drafting employment policies, agreements, and other documentation, and he provides strategic guidance on organizational structure from a labour and employment perspective. He litigates labour and employment disputes before various labour tribunals and courts in western Canada.

• 1:50 PM

  Case study: Vaccine mandates – Staying on top of new legal developments

  With many employees now fully vaccinated, employers’ focus is now shifting to addressing employees who remain unvaccinated. What factors determine how employers should respond if employees refuse vaccines? How should employers assess exemption requests based on religious or medical reasons? This session will provide an update on vaccine mandates and help you ensure that your business is compliant and up to date to avoid potential legal pitfalls.

  • A look at recent case decisions on workplace vaccines mandates and new legislative developments – What do they mean for your business?
  • Building a constructive dismissal case around non-compliance with company vaccination policy and vaccine
  • Ensuring your contracts and COVID policy is up to date to avoid future issues

  

  Matthew Warren

  Associate
  Gowling WLG

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  Matthew Warren

  Associate
  Gowling WLG

  Matthew Warren is an associate lawyer in the Employment, Labour & Equalities group of Gowling WLG’s Calgary office. His practice is heavily focused on employer side defense litigation, and he regularly acts on behalf of employers in respect of wrongful dismissal claims and human rights complaints.

• 2:20 PM

  Closing remarks