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Sauder School of Business

Employment Law Essentials

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Description

The roots of employment law stretch back to the time of the Black Death. Today it is addressing the needs of the modern workplace, contemplating such subjects as gender inclusion; the blurring of work and personal time; and corporate whistle blowing.

This newly updated course describes the current Canadian landscape in employment and human rights law. It looks at the legislation regulating employment standards, acceptable workplace conduct, dismissal, discrimination and other essential elements of the employment relationship. It also explores legal developments in emerging “hot button” areas such as the use of technology and social media in the workplace, as well as privacy protection.

Takeaways

  • Develop a greater understanding of federal and provincial laws that regulate the workplace
  • Discover the essential terms to include in individual employment contracts to protect your organization from claims
  • Learn how to draft enforceable restrictive covenants
  • Explore best practices for termination of employment with or without cause
  • Become familiar with the multiple complexities of discrimination
  • Learn how to avoid claims for aggravated and punitive damages in wrongful dismissal claims
  • Learn how to minimize the risk of disputes and litigation

Program content

  • Federal and provincial employment standards legislation: the Canada Labour Code, the BC Employment Standards Act, etc.
  • Written employment contracts: applicable legislation, ensuring the enforceability of agreements, defining employee position and remuneration
  • Protection of the employer’s business: intellectual property, written agreements, common law protection against unfair competition, enforceability of restrictive covenants during and after employment termination
  • Business transactions and labour relations: asset and share transactions, indemnities, successorship, collective bargaining and contract negotiations, the Workers’ Compensation Act, pension benefits
  • Employment termination: just cause and reasonable notice, tort law (wrongful dismissal, defamation, intimidation, misrepresentation, breach of contract, etc.), the dismissal process in union and non-union contexts
  • Human rights law: discrimination (unfair hiring practices, sexual harassment, duty to accommodate, etc.), employment and pay equity, drug/alcohol testing, investigating and managing employee complaints ethically
  • Emerging issues: vicarious liability, who owns intellectual property created in the workplace, privacy rights--monitoring employee activities on social media, password protection, whistleblower protection
  • Strategies for minimizing the risk of employer liability: legislation compliance, writing clear and unequivocal employment provisions, drafting written agreements and policies

Special features

This course includes case law studies and questionnaires to drive the learnings home.

Experts

Carman is the Principal of Overholt Law. He works with senior management and HR professionals to ensure compliance with labour, employment and human rights legislation, and to develop policies that minimize litigation risk and disruption. He has appeared on behalf of employers before the Supreme ...

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