Chartered Professionals in Human Resources
Employment Agreements
This session will address the essentials of Employment Agreements for human resource professionals. It will cover the importance of written Employment Agreements, the importance of context when drafting Employment Agreements, and various key clauses. Some of the key clauses this session will touch on are: termination and notice provisions, restrictive covenants (i.e., non-compete and non-solicitation), and the incorporation of human resource policies and other ancillary employer documents into the Employment Agreement. The discussion will also cover when and how an employer may change any terms of an Employment Agreement.
About the Speaker
Kiersten Amos, Associate, McInnes Cooper
Kiersten Amos represents clients from both the Charlottetown and Halifax offices of McInnes Cooper. Her areas of legal practice include Labour & Employment, Pensions & Benefits, Education Law, Human Rights, and Litigation. She advises employers on a wide variety of human resource issues such as: employee benefits and compensation, performance management, absenteeism, employment agreements, workplace policies, and terminating the employment relationship. Kiersten has also assisted with the conduct of workplace investigations and regularly presents training sessions on various labour relations and human resource topics. In addition, she routinely advises on labour matters including the interpretation of collective agreements and grievance arbitrations.
Kiersten is a member of the Nova Scotia Barristers’ Society, the Canadian Bar Association (“CBA”), the National Pensions and Benefits Section of the CBA, and the Advocacy and Government Relations sub-committee of the National Pension Section of the CBA. She is also a member of the Atlantic Regional Council of the Association of Canadian Pension Management, and the International Foundation of Employee Benefit Plans. Kiersten is active on the Board of Directors and Executive Committee of the Associated Alumni of Acadia University and Chairs the Board’s Governance Committee.
Performance Management
Performance management systems are designed to provide employees with the resources they need to perform to the best of their abilities, and to help HR professionals address and manage performance issues. In this segment we will explore the following aspects of performance management.
Learning Outcomes:
Murray Murphy, Q.C., CPHR, is a partner at Stewart McKelvey in Charlottetown where he practices labour, employment, and human rights law. A Chartered Professional in Human Resources, Murray acts as counsel to businesses, educational institutions, governments, administrative tribunals, and media. He is ranked as a leading employment and labour relations lawyer by Lexpert, and was named to Best Lawyers, Labour and Employment Law, in 2017. Murray has served as President of the Law Society of PEI, National Chair of the Administrative Law Section of the Canadian Bar Association, and the PEI Law Society's representative on the Judicial Appointments Advisory Committee to the Federal Minister of Justice. He is presently a member of the Prince Edward Island Roles of Court Committee. He has served as Course Leader for the Administrative Law section of the PEI Bar Admission Course.
Murray is a member of Stewart McKelvey's Partnership Board and is Chair of the Board's Human Resources and Governance Committee. Murray is a member and has served the Board of Directors of the Canadian Association of Counsel to Employers, and is a member of the Canadian Association of University Solicitors. In 2012, Murray was awarded the Queen Elizabeth II Diamond Jubilee Medal for community service.
Alternative Dispute Resolution Approaches
Human resources professionals indicate that workplace conflict is increasing within their organizations. The impact of workplace conflict upon an organization is highly dependent upon the organization’s approach. Is the organization proactive rather than reactive? Does the organization have a system in place for dealing with workplace disputes or does the organization simply “hope” that the parties will work it out amongst themselves? This session will provide participants with a renewed approach to looking at dispute resolution processes within their organization and ideas for establishing or improving such processes. Participants will be asked to critically examine their current approach by considering the following:
This session will demonstrate the value of implementing effective alternative dispute resolution processes in your organization which can support early resolution of workplace disputes before they affect productivity or become systemic challenges within your organization leading to claims of harassment, discrimination, constructive or wrongful dismissal.
Patsy G. MacLean, Q.C., MacLeod, Montigny + MacLean
Patsy MacLean is a partner with the human resources management and labour relations consulting firm, HR Atlantic. She is also a partner at the law firm MacLeod, Montigny + MacLean. Patsy has extensive experience conducting organizational reviews, workplace assessments, and harassment investigations within public and private sector organizations and regulatory environments. Patsy has twenty-five years of practical work experience and insight gained through her professional roles and responsibilities as a nurse, lawyer and senior executive within the public sector. Her legal training equips her with a clear understanding of witness interviewing and information gathering techniques, with sensitivity to privacy and confidentiality issues. Patsy's interest-based approach enables her to effectively assess complex work related matters using healthy and respectful mechanisms to gain an understanding of various perspectives.
Patsy has completed a two-year Practitioners Certificate in Alternative Dispute Resolution at the University of Prince Edward Island and a Certificate in Workplace Investigations by the Human Resource Professional Association. She is also an associate member of Collaborative Practice PEI and is training in collaborative practice.
Patsy graduated from Osgoode Hall Law School, York University. She received her Baccalaureate Degree in Nursing from the University of New Brunswick.
Human Rights & Accommodation
Session details coming soon.
Karen Campbell, Q.C., Partner, Cox & Palmer
Marijuana in the Workplace
Stephen Carpenter, CPHR, Partner, Stewart McKelvey
Workplace Investigations
Workplace investigations are a vital part of workplace management. Employers are obligated to act on complaints of workplace harassment, and good management requires rigorous attention to employee wrongdoing to promote a healthy workplace culture. At the same time, employers are exposed to liability if they discipline for unsubstantiated complaints or make mistakes during investigation. Employers must balance the complainant's privacy rights with the respondent's right to answer a complaint. Respondents may seek legal counsel, witnesses could be reluctant or biased, and leaks quickly disrupt a workplace. Supervisors must feel comfortable addressing these situations, and secure that they are making the right decisions about how to proceed. Supervisors must find ways to restore the workplace after an investigation, both when an employee is removed and when a complainant and respondent must continue a workplace relationship.
This session will explore the essentials of conducting a proper workplace investigation.
Ian Pickard, Partner, McInnes Cooper
Ian Pickard is a Partner with McInnes Cooper. Ian is a member of the Prince Edward Island and Nova Scotia Bars. His practice is chiefly comprised of providing ongoing labour and employment advice to major employers including a number of School Boards. Ian acts as Chief Negotiator of collective agreements, provides support in the collective bargaining process, assists in the management of labour disputes and represents employers in all types of arbitrations and wrongful dismissal litigation. Ian also regularly represents employers in Human Rights and Labour Standards Litigation. Ian has lectured extensively on the topic of attendance management, employee termination, and the collective bargaining process. The skill with which Ian conducts his practice has earned him a place on the Best Lawyers in Canada list for his practice in labour and employment law.
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Chartered Professionals in Human Resources of Nova Scotia84 Chain Lake Drive, Suite 103 / Halifax, NS / B3S 1A2Telephone: 902-446-3660Toll Free: 1-888-678-3805 Fax: 902-446-3677