HR Training & Resources - (705) 268-6492

As you are probably aware one mistake in dealing with Employees (Human Resources) can expose your business/organization to a very costly settlement or litigation because once a step has been taken when it comes to Human Resources you simply cannot take it back.

It is not all businesses that are big enough to warrant the hiring of a Human Resources Representative. Often the task is left to Upper Management such as the Owner, the Executive Director, the Manager, the Band Manager, whose work is to run the business but often they do not have all the skills and the knowledge required to deal with Employees. They without knowing can quickly get themselves in hot water simply by the manner they chose to deal with an employee. This is why it is important to invest in H.R./Human Resources Courses/ Training and Development for Upper Management so that when faced with a H.R. situations in the workplace they will know if they can handle the problem themselves or if they should reach out for help from a lawyer that specializes in that type of work before making a faux pas.

HR/ Human Resources Training and Development

With the HR/Human Resources training provided your Upper Management Team we will be providing your team with practical information based on real case studies which sets out the fact situations of the case in question and the Court decision as it relates to that fact situation. Your management team should acquire sufficient knowledge to know when they should reach out to a lawyer before taking a step to avoid the common pitfalls.

Human Resources Management Course for your Upper Management team is geared to both federally governed Employers such as First Nations, Airlines, and Banks and provincially governed Employers.

Human Resources Training/ Human Resources Courses for Upper Management

In addition to providing legal advice on Employment Law related matters to both federally and provincially governed Employers this firm also provides H.R./ Human Resources courses/ training to Upper Management by way of seminars/workshops in H.R./Human Resources related areas.

As of July 1st 2017 the following training/seminars are available: (See details of the training seminars/courses set out below)

  1. General Human Rights Sensitivity Training Seminar;
  2. Workplace Investigation Training Seminar;
  3. Training on the Steps to ensure the validity of an Employment Contract;
  4. Steps for effective progressive discipline in the workplace:
  5. Steps to ensure a proper termination;
  6. The key differences between the Canada Labour Code and the Employment Standard Act 2000 (ESA 2000);
  7. Harassment and Bullying in the workplace Training:
  8. Human Rights Training as it relates to Job Description and Job Posting
  9. Board Governance Training :Roles, Duties and Responsibilities

Details of the training:

1. Course/Training/ Seminar on Human Rights in the Workplace :

Those in attendance will learn:

  • What are the grounds are a human rights complaints;
  • What constitutes discrimination and harassment in the workplace;
  • What are the duties of an Employer as it relates to Human Rights?
  • What are the consequences for an Employer if discrimination is proven?

No one purposely sets out with the intention to discriminate against an Employee. Often Employers do not realize when they are in fact discriminating against an Employee because they are looking at the situation from a different angle.

Examples:

  • Terminating an Employee because of absences related to alcoholism is considered an act of discrimination. Why? Because alcoholism is regarded as a disability, which is a protected ground of discrimination.
  • Age is also a protected ground of discrimination, therefore expressing to an Employee, that he/she is too old for the position can be considered an act of discrimination.
  • Refusing to re-hire an Employee following a pregnancy leave is considered an act of discrimination as sex is a protected ground of discrimination.

2. Course/Training/Seminar on how to Conduct a Workplace Investigation;

Those in attendance will learn:

  • When to conduct a workplace investigation;
  • How to conduct an interview;
  • Who should be interviewed;
  • In what order should the interviews be conducted;
  • Conclusion of the investigation;
  • The action required;

3. Course/Training/ Seminar on the Steps to ensure the validity of an Employment Contract ;

Those in attendance will learn:

  • How to determine the validity of an Employment contract/letter of offer.
  • There is more involved in validating an Employment contract/letter of offer than requiring an Employee’s signature.
  • When will an Employment contract or a letter of offer be declared null and void?
  • What are the consequences of an Employment contract being declared null and void.
  • Serious changes in the law regarding terminations for Employers governed by the Canada Labour Code, such as First Nations.

4. Course/Training/Seminar on the Steps for effective progressive discipline in the workplace:

What you will learn:

  • How to apply progressive discipline;
  • When to apply progressive discipline;
  • What type of discipline to apply and when;
  • How to draft a discipline letter.

Problems I see regularly:

The Employer gives the Employee a series of verbal warnings, of which there is no written record or has made note of it in its but nothing provided to the employee. Once the situation has escalated to a point where the Employer can no longer tolerate the Employee’s inappropriate behaviour, the Employer decides that they want to terminate the Employee. They proceed with the termination and when the employee pushes back the Employer consults a lawyer only to realize they don’t have Just Cause to terminate. They did not apply progressive discipline. If they choose to consult prior to terminating an realize the problem, the Employer suddenly bombards the Employee with written reprimands, a suspension without pay, and finally terminates the Employee, all within a very short period of time. This is the WRONG WAY to apply progressive discipline and can be very costly to proceed in this fashion, and will likely give rise to litigation.

5. Course/ Training/Seminar on the Steps to ensure a proper termination of employment

What you will learn:

  • What you need to consider before proceeding to a termination;
  • What to look for in the Employment Contract/ letter of offer, if any;
  • What to look for in the Human Resources Policies, if any;
  • What to look for when you review the discipline record, if any;
  • Consider if you are going to terminate the Employee for Just Cause or Without alleging Just Cause.
  • Your termination letter will be viewed under a microscope after it is delivered, and it is important that it is well done;
  • You will be bound by the content of the termination letter and you won’t be able to change the reason for the termination down the road;
  • What you need to include in the termination letter;
  • How to conduct the termination meeting;
  • Who should be present during the termination meeting;
  • How to protect yourself;

6. A Course/Training/ Seminar on the key differences between the Canada Labour Code and the Employment Standard Act 2000 (ESA 2000) ;

What will you Learn:

  • How the C.L.C. applies to federally regulated Employers including First Nations;
  • How the ESA 2000 applies to provincially regulated Employers;
  • Why it is important to understand the difference between the two systems as they are not the same and you cannot just pick and choose from both systems.

Examples:

  • Termination pay and the severance pay are not the same under both systems;
  • Under the C.L.C. it is much more difficult to terminate a permanent Employee as you must have just cause, and you must first apply progressive discipline;
  • Under the E.S.A. you can terminate at any time and for any reason as long as you pay the right amount of money;
  • Overtime under the C.L.C. is paid differently than under the ESA
  • 7. Course/Training/ Seminar on Harassment and Bullying in the workplace:

    Those in attendance will learn:

    • What are the grounds for harassment and bullying complaints;
    • What are the definitions of discrimination and harassment in the workplace;
    • Federal and Provincial definitions of harassment and differences;
    • How to identify an act of bulling and/or harassment;
    • How to report incidents;
    • What are the responsibilities and duties of an Employer are as they relate to Human Rights;
    • What are the general and specific duties of an Employer;
    • What are the responsibilities of an Employer;
    • What are the consequences to an Employer if a claim of discrimination is proven;
    • Various Human rights cases, their outcomes and financial awards.

    8. Course/Training/Seminar on Human Rights as it relates to Job Description and Job Posting

    Those in attendance will learn:

    • How Human Rights applies to job descriptions;
    • How Employers can attract Human Rights claims through job descriptions;
    • How to write a Human Rights compliant job description that protects Employers;
    • Applicable Federal and Provincial laws
    • How to determine when the duty to accommodate is triggered in a job description;
    • When and to what extent to accommodate an Employee in a job description;
    • Examples, case law and outcomes.

    Job descriptions are written for the purposes of hiring the best candidate for the position. However, Human Rights laws have strict requirements that the Employee must be aware of, to ensure they do not inadvertently attract a Human Rights claim.

    Examples:

    • A job description advertising for a driver but requiring the candidate to undergo language proficiency testing.
    • Requiring language proficiency testing without mentioning provisions for accommodation in the examination process.

    9. Board Governance Training :Roles, Duties and Responsibilities

    What you will learn:

    • Goals;
    • Your role and your obligations as a Director;
    • The roles and responsibilities of the Board of Directors;
    • Your legal duties as a Director;
    • The legal duties of the Board;
    • Your exposure to risk.

    We are working on other training as it relates to Human Resources to assist you.

    For more details please feel free to call at 705-268-6492 or email me at suzanne@sdlawtimmins.com.

    THESE COURSES/ SEMINARS/WORKSHOPS ARE GEARED TO UPPER MANAGEMENT THESE SEMINARS/WORKSHOPS CAN BE OFFERED:

  • ON-LINE VIA WEBINAR; OR
  • IN PERSON
  • THE TRAINING CAN BE CUSTOMIZED TO YOUR PARTICULAR ORGANIZATION

    Communities we service:

    Timmins, Cochrane, Kapuskasing, Kirkland Lake, Temiskaming Shores, Iroquois Falls, Gogama, Chapleau, Temagami First Nation, Mattagami First Nation, Wahgoshig First Nation, Constance Lake First Nation, Attawapiskat First Nation, Kashechewan First Nation, Fort Albany First Nation, Moose Cree First Nation, Taykwa Tagamou First Nation, Chapleau Cree First Nation and Missanabie First Nation, Brunswick House First Nation, Matachewan First Nation, Beaverhouse First Nation, Flying Post First Nation, all within the Province of Ontario.

    We are always receptive to serving other Communities.