Mental - Federated Press

September 26 & 27, 2011, Toronto
2nd
Workplace
Mental
Health
Accommodation strategies for workplace mental health issues
APPLICABLE TOWARD CPD REQUIREMENT
Two-Day Event!
Workshop Included: Managing Rising Mental Health Issues in Today’s Workplace
who should attend
HR Executives, Managers & Consultants; Union Counsel & Reps; In-House Counsel; Lawyers;
Experts in Employee/Labour Relations, Disability Management, Rehab, Occupational Health & Wellness
course highlights
Hear what the experts from leading Canadian companies have been
doing to accommodate and manage workplace mental health issues
• Best practices for promoting a healthy workplace
• Dealing with legal claims
• Managing stress and anxiety in the workplace
• Creating an effective return to work program
• Understanding an employer’s rights and obligations
• Legal issues surrounding terminations
participating organizations
AIM Health Group Inc.
Borden Ladner Gervais LLP
City of Toronto
Inspired Energy Inc.
Kuretzky Vassos Henderson LLP
McMaster University
Ontario Disability Support Program Branch (ODSPB)
Rouge Valley Health System (RVHS)
Rubin Thomlinson LLP
Sherrard Kuzz LLP
SNC-Lavalin Inc.
Sun Life Assurance Company of Canada
Course Leader
Allan Smofsky,
Independent
Workplace
Health Strategist
Course Leader
Christine M.
Thomlinson,
Rubin Thomlinson
LLP
Miguel Aguayo,
Ontario Disability
Support
Program Branch
(ODSPB)
Karen M. Clark,
Rouge Valley
Health System
(RVHS)
Milé Komlen,
McMaster
University
Rocco Meraglia,
SNC-Lavalin Inc.
Michael
Sherrard,
Sherrard
Kuzz LLP
Yvonne Chan,
AIM Health
Group Inc.
Heather Crisp,
City of Toronto
James D.
Henderson,
Kuretzky
Vassos
Henderson LLP
Brian
D. Mulroney,
Borden Ladner
Gervais LLP
Libby Norris,
Inspired Energy
Inc.
Deborah
Taylor-Suttie,
Sun Life Assurance
Company
of Canada
“Excellent overview of
proposed treaty changes.”
“Some nuggets of new
information.”
“Excellent discussion of
key components.”

FACULTY
COURSE LEADERS
ALLAN SMOFSKY
Allan Smofsky is an independent workplace
health strategist, dedicated to assisting organizations
in aligning and optimizing strategies,
goals/objectives and resources.
CHRISTINE M. THOMLINSON
Christine Thomlinson LL.B. is a founding
partner of Rubin Thomlinson LLP, a firm
focused on providing legal solutions to challenging
workplace issues, and a certified
workplace investigator.
CO-LECTURERS
MIGUEL AGUAYO
Miguel Aguayo, M.S.W., R.S.W. is the
Manager of the Employer Outreach Secretariat
within the Ontario Disability Support
Program Branch (ODSPB).
YVONNE CHAN
Yvonne Chan, BScPT, MSc MBA, is Vice
President Workplace Health at AIM Health
Group.
COURSE PROGRAM
CREATING ACCOMMODATION STRATEGIES FOR
EMPLOYEES WITH MENTAL ILLNESS
Accommodation strategies for mental health may not always be as
obvious for those for physical disabilities. However, there are many
accommodations that can be undertaken to drastically improve the
quality of life of someone with mental illness. This session will discuss
accommodation strategies designed specifically for employees
with mental health issues.
· Incorporating flexibility into accommodation strategies
· Employer’s duty to accommodate employees
· The employee’s duty with regard to accommodation
· Determining direct and indirect costs
SUPPLEMENTARY COURSE MATERIAL
KAREN M. CLARK
Karen Clark is Director, Occupational Health
Safety & Wellness at Rouge Valley Health
System (RVHS). She possesses a wide-ranging
and diverse background in HR and Disability
Management.
HEATHER CRISP, CITY OF TORONTO
Heather Crisp is a labour and employment
lawyer representing clients ranging from nursing
homes to fleet operators, all under the
“umbrella” known as the City of Toronto.
JAMES D. HENDERSON
James D. Henderson is a partner at Kuretzky
Vassos Henderson LLP. For over 20 years,
he has been involved in labour/employee relations,
initially as a labour relations/personnel
executive and now as a lawyer.
MILÉ KOMLEN
Milé Komlen is a Canadian lawyer specializing
in human rights law, corporate social responsibility
and diversity management. He is currently
the Director of Human Rights & Equity
Services at McMaster University in Hamilton.
ROCCO MERAGLIA
Rocco Meraglia is Health, Safety & Environmental
Director for SNC-Lavalin Inc.
BRIAN D. MULRONEY
Brian D. Mulroney is a partner in the Labour
and Employment Group in the Toronto office
of Borden Ladner Gervais LLP.
LIBBY NORRIS
Libby Norris is the founder and the Chief Energy
Officer of Inspired Energy. With almost
20 years of experience, she and her team
develop creative wellness programming.
MICHAEL SHERRARD
Michael Sherrard is the founding member of
Sherrard Kuzz LLP and an established leader
in his field.
DEBORAH TAYLOR-SUTTIE
An Organizational Health Consultant, Deborah
Taylor-Suttie works with plan sponsors
to optimize health, attendance and disability
management strategies. She is currently with
Group Benefits (Disability) at Sun Life.
DEALING WITH MENTAL HEALTH ACCOMMODATION
IN A UNIONIZED ENVIRONMENT
The presence of a union can further complicate the already complex
process of mental health accommodation. What impact does a unionized
environment have on accommodation and what role does the
union play? This session will look to address these issues, highlighting
the responsibilities of the union and strategies for resolving mental
health related grievances.
· Legal obligations of unions in a mental health accommodation case
· Working with the union as a partner with respect to accommodation
· Balancing the interests of the employee and the rest of the workforce
· Process concerns when working in a unionized environment
· Impact of mental health issues on the collective agreement
Federated Press is now providing delegates with access to an innovative new database containing at least 25 interactive multimedia presentations by leading experts
and approximately 20 hours of lectures on the topics covered by this course, including all slides and speakers’ papers. See the list of presentations on page 4.
Delegates will also receive a trial subscription to the HR Channel, a much broader resource representing hundreds of hours of interactive multimedia lectures on
leading edge HR topics as delivered at our many recent HR conferences and courses.
- This program can be applied towards 4 of the 12 hours of annual Continuing Professional Development (CPD) required by
the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.
- For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual
Continuing Professional Development Plan as required by the Law Society of Alberta.
- Attendance at this course can be reported as 4 hours of Continuing Professional Development (CPD) to the Law Society of B.C.
- The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by
another Law Society which has adopted MCLE for its members
- Attendance at this course can be reported as 4 hours of Continuing Professional Development (CPD) to the Law Society of New Brunswick.

COURSE PROGRAM
AVOIDING DISCRIMINATION AND HUMAN
RIGHTS VIOLATIONS
Bringing up the topic of mental illness with an employee can be
construed as both intrusive and unwarranted, leading to allegations
of discrimination. This is just one example of how issues of human
rights can come up in the context of mental health. This session will
examine the human rights issues arising out of mental health problems
in the workplace and how to avoid discrimination and human
rights violations in these situations.
· Avoiding invasions of privacy
· Understanding how allegations of discrimination may arise
· How to respond to discrimination claims
· Managing mentally ill employees without infringing on their rights
· Dealing with the co-workers of a mentally ill employee
ACCESS TO MEDICAL INFORMATION:
PRIVACY CONSIDERATIONS & LEGAL COMPLIANCE
Employers may obtain medical information about a disabled employee
when the employee has requested reasonable accommodation
and their disability or need for accommodation is not obvious. This
discussion details:
· Understanding an employer’s rights and obligations
· How these rights and obligations differ in
unionized vs. non-unionized environments
· When an employer can require an employee prove
their mental fitness to return to work
DEVELOPING EFFECTIVE RETURN TO WORK PROGRAMS
It is important to have a return to work process in place to help ease
the reintroduction of employees who have been away due to mental
health issues, one that offers an optimal level flexibility so that it can
be adapted the specific needs of individual employees. This session
will walk you through the elements of a return to work program and
the factors that support effective reintegration.
· Elements of a return to work program
· Creating a framework for an employee’s return to work
· Developing an employee reintegration scheme
MANAGING TERMINATIONS
This session will provide details on how to determine if you have
fulfilled your duty to accommodate and will look at the legal issues
surrounding terminating an individual with mental illness.
· The legal issues surrounding termination
· The grounds for termination
· Avoiding wrongful termination cases
· Terminations in a unionized environment
RISK OF LIABILITY FOR MENTAL INJURY AT WORK:
LEGAL ISSUES
There is a high degree of uncertainty concerning where the boundaries
of liability for mental injury at work lie and with the entire area of
mental health protection in Canada. This session will examine the
risk of liability to employers and what is legally required to maintain a
psychologically safe workplace.
· Duty to provide a workplace that permits no harm to mental health
· Assessing the risk to employee mental health
originating in the workplace
· Preventing mentally injurious conduct
· Damages that may be awarded in cases of mental injury
· How to deal with “vulnerable” employees
LEGAL CONSIDERATIONS IN ASSESSING AND
HANDLING MENTAL HEALTH CLAIMS
The manner in which metal health claims by employees are handled
can have considerable legal consequences. Thus it is imperative to
have a clear understanding of requirements under the law and the
potential implications of your actions. This session will examine best
practices for dealing with employee mental health claims.
· Special legal considerations involved in
depression and psychiatric claims
· What to look for in the claimant’s statements and medical evidence
· When and how to use surveillance in a psychiatric claim
· File management in anticipation of litigation when
dealing with the psychiatric claimant
· Collecting the necessary evidence: legal limits of privacy
PROMOTING A HEALTHY WORK ENVIRONMENT
A healthy workplace is one that has an open environment where
employees are not afraid to voice their concerns and where employers
respect and value their employees. The benefits of a healthy work environment
are many – from improved morale to lower absenteeism and
higher retention. This session will highlight best practices for developing
a healthy workplace.
· Overcoming barriers to a healthy work environment
· What are factors that can contribute to an
unhealthy work environment
· Identifying unhealthy workplace practices
RETROACTIVE ACCOMMODATION AND DUTY OF
FAIRNESS IN PERSONAL ASSESSMENTS AND
PERFORMANCE EVALUATIONS
Retroactive accommodation involves accommodating an individual “ex
post facto” or after-the-fact, when it can be determined that a characteristic
such as a mental health disability can be shown to be the causal
factor affecting past performance. Learn how retroactive accommodation
can impact your organization.
· Under what circumstances can employees
demand retroactive accommodation?
· When a past mental health disability should be taken into account
· How retroactive accommodation can affect personal
assessments and performance evaluations
WORKSHOP
MANAGING RISING MENTAL HEALTH ISSUES
IN TODAY’S WORKPLACE
Ask attendance managers what the leading challenges to regular attendance
are and the answer will frequently be mental health concerns.
Companies must learn to be extremely proactive in their approach if
they wish to effectively manage absenteeism related to this growing
concern. This workshop will focus on how to effectively handle employee
absenteeism due to mental health problems in the workplace.
· Corporate culture and removing the stigma of mental health
· Identifying and mitigating stress and anxiety in the workplace
· Strategies to prevent and manage mental health
issues in the workplace
· Training managers to identify & address early warning
signs of mental health issues in employees
· How to communicate effectively with an employee
with mental health issues
· Ongoing support for employees with mental health issues

MULTIMEDIA PRESENTATION
Your registration includes an interactive multimedia database comprising the following presentations from recent Federated Press courses and conferences.
They are presented in their entirety with complete audio or video and accompanying slides. You may also purchase the multimedia proceedings of the course
which will be available on CD-ROM 60 days after the course.
Developing a Strategy for Accommodation
Karen R. Bock,
Davis LLP
Mental Health Accommodation
April D. Brousseau,
WeirFoulds LLP
Identifying & Managing Addiction
in the Workplace
Sarah Crossley,
Ogilvy Renault LLP
Dealing with Poor Performance
Due to Soft Disabilities
Jane E. Sleeth,
Optimal Performance Management Inc.
Managing Mental Health & Disabilities
in Uncertain Economic Times
Karen Seward,
Shepell·fgi
Dealing with Workplace Stress &
Mental Disability
Bill Dyer,
Dyer & Associates
Functional Capacity Evaluation
Ralph Cheesman,
Back in Motion Functional Assessments Inc.
Mental Health Illnesses and Performance Issues
Lauri Sue Robertson,
Disability Awareness Consultants
Managing Disability-related Absenteeism
Karen M. Clark,
Rouge Valley Health System &
Lakeridge Health Corporation
Identifying Health & Wellness Program
Objectives & Measuring Success
Karen Jackson,
Trillium Health Centre
A Case for Prevention: The Telus Story
Janet Crowe,
TELUS Communications
Accommodation & Undue Hardship
Peter V. Clancy,
Lakeridge Health Corporation
Why Smart People Underperform: How to
Manage Mental Disability in the Workplace
Anthony M. Ocana,
North Shore ADHD Clinic
Rethinking Disability in the Workplace
Harb Sihota,
Ministry of Employment and
Income Assistance (MEIA)
Dealing with Workplace Stress and
Mental Disability
Tazim Nasser,
North York General Hospital
Identifying and Managing Mental
Health in the Workplace
Diana Capponi,
Centre for Addiction and Mental Health (CAMH)
Employee & Workplace Privacy Issues
Kristin Taylor,
Fraser Milner Casgrain LLP
Registration: To reserve your place, call Federated Press toll-free at 1-800-363-0722.
In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the
registration form. Places are limited. Your reservation will be confirmed before the course.
Location: Courtyard by Marriott Downtown Toronto, 475 Yonge Street, Toronto, ON, M4Y 1X7
Conditions: Registration covers attendance for one person, the supplementary course material
as described in this document, lunch on both days, morning coffee on both days and
refreshments during all breaks. The proceedings of the course will be captured on audio or
video. Multimedia proceedings with all slides and handouts can be purchased separately on a
CD-ROM which will also include the course material.
Time: This course is a two-day event. Registration begins at 8:00 a.m. The morning sessions
start promptly at 9:00. The second day ends at 4:00 p.m.
TO REGISTER FOR WORKPLACE MENTAL HEALTH
Name
Title Department
Approving Manager Name
Approving Manager Title
Organization
Address
City Province Postal Code
Telephone Fax e-mail
Please bill my credit card: AMEX VISA Mastercard
# Expiration date:
Signature :
Payment enclosed: Please invoice. PO Number:
WHEN CALLING, PLEASE MENTION PRIORITY CODE:
WMHT1109/E
MAIL COMPLETED FORM WITH PAYMENT TO:
Federated Press P.O. Box 4005, Station “A”
Toronto, Ontario M5W 2Z8
Dealing with Workplace Stress and Mental
Health Issues: Live well, Laugh Lots - A Crash
Course in Building a Healthy Workday
Susan Stewart,
FGIWorld
Best Practices for Managing Excessive
Short-term Disability Absenteeism
Samara Kaplan,
City of Barrie
General Motors-CAW Case Studies:
Absenteeism Prevention Strategies
Jim Beaudry,
CAW (Canadian Autoworkers Union) - General Motors
Developing an Effective Return-to-work
Process
Sharon Kehoe,
Purolator Courier Ltd.
Impact of Benefits and Wellness
Programs on Engagement
Dr. Olivier Abtan,
Corrective Healthcare and Rehabilitation Inc.
Dealing with Complex Terminations
Mary A. Porjes,
Porjes Walsh, Barristers & Solicitors
Current Issues in Employment Law
Peter Biro,
WeirFoulds LLP
Reducing Stress and Promoting
Mental Health in the Workplace
Jake Cole,
HPM Associates
Cancellation: Please note that non-attendance at the course does not entitle the registrant to a
refund. In the event that a registrant becomes unable to attend following the deadline for cancellation,
a substitute attendee may be delegated. Please notify Federated Press of any changes
as soon as possible. Federated Press assumes no liability for changes in program content or
speakers. A full refund of the attendance fee will be provided upon cancellation in writing received
prior to September 13, 2011. No refunds will be issued after this date. Please note that a
15% service charge will be held in case of a cancellation.
Discounts: Federated Press has special team discounts. Groups of 3 or more from the same
organization receive 15%. For larger groups please call.
Payment must be received prior to September 19, 2011
Phone: 1-800-363-0722 Toronto: (416) 665-6868 Fax: (416) 665-7733
/
REGISTRATION COSTS
NUMBER OF PARTICIPANTS:
COURSE: $1975
COURSE + PROCEEDINGS CD-ROM:
$1975 + $175 = $ 2150
PROCEEDINGS CD-ROM: $599
NOTE: Please add 13% HST to all prices.
Proceedings CD-ROM will be available 60 days
after the course takes place
Enclose your cheque payable to
Federated Press in the amount of:
GST Reg. # R101755163
PBN#101755163PG0001
For additional delegates please duplicate this form
and follow the normal registration process