Wednesday, September 24, 2008
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, September 29, 3:30 p.m. – 5:00 p.m. EDT

Rob Boswell

Employer Counsel
Craig Boswell McDermot

Sean McGee

Employee Counsel
Nelligan O'Brien Payne

Kim Bernhardt

Employee Counsel
Grant and Bernhardt

Delayne Sartison

Employer Counsel
Roper Greyell

ISSUES:

Back by popular demand, Lancaster House presents an audio conference focused on the common law governing employment in non-unionized workplaces, including wrongful dismissal, employment contracts, and more. Our panel of expert practitioners will canvass the hottest new developments in employment case law, including:

• Non competition and solicitation agreements: When are they enforceable? For how long can they be enforced? Will a general advertisement constitute solicitation or must it involve direct contact with a former employer's clients?
• What test do courts apply to determine the difference between an employee and an independent contractor? What is the test in the context of a human rights complaint?
• When can an employer dismiss an employee who is off work with an illness or a non-work-related injury? (frustration doctrine)
• Constructive dismissal: When does a demotion amount to constructive dismissal? Elimination of key responsibilities? Changes in compensation and bonuses? Can harassment or office conflict support a constructive dismissal claim?
• Remedies update: What do the latest cases say about Wallace damages, damages for mental distress, and punitive damages? When will courts award equitable remedies, such as rectification? When are human rights and privacy violations actionable?
• What implications does the Supreme Court of Canada's decision in Honda v. Keays have for the law relating to accommodation of disabilities, attendance management programs, and the employer's entitlement to medical certificates? In what circumstances will aggravated (Wallace-type) damages and punitive damages be payable? What changes has the court made in the way that Wallace-type damages are to be calculated? Is a civil lawsuit for discrimination in breach of the Ontario Human Rights Code a dead issue? Does a common law tort of discrimination exist that can support a cause of action?
• Will courts award damages to employers for the costs of investigating employee misconduct? What amounts are included in such an award?
• Calculating notice: Should disability benefits, workers compensation benefits, and employment insurance benefits be deducted from the notice amount? Does maternity leave extend the notice period? What other factors should be taken into account?
• According to the majority of the Supreme Court of Canada in Evans v. Teamsters Local Union No. 31, wrongfully dismissed employees may have a duty to mitigate their losses. In what circumstances will they be expected to do so, and in what circumstances can they refuse? Must the salary and status of the temporary position be the same as for the pre-dismissal position?
• In the Dunsmuir case, the Supreme Court of Canada curtailed the rights of public sector office-holders to sue for an employer's failure to follow due process, and to obtain reinstatement in such circumstances. What exceptions were made by the court and when are they applicable?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.