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Training a better value than litigation
Date: Mar 01, 2006
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Human-rights complaints are much easier to avoid than to handle, says Canadian preeminent human-rights lawyer Barbara Humphrey.

"I always say the only one who wins in litigation is the lawyers," she adds.

"Training is always a better value than litigation."

In keeping with that philosophy, she spends the majority of her time teaching her corporate clients to comply with ever-changing legislation. She is proud to report that she spends only 10 to 15 per cent of her time working to fix problems that have arisen.

"I keep organizations compliant so they don't trigger liability," she says.

Her law firm, Stringer Brisbin Humphrey Management Lawyers, recognizes an increasing desire by Canadian employers to foster an environment free of harassment.

"This priority has been fuelled by the increasing frequency and egregious nature of violence and threats of violence erupting in workplaces," states their most recent client newsletter, that is filled with relevant updates and legal decisions. "Four recent arbitral awards demonstrate arbitrators' zero-tolerance response to violence."

Acting exclusively on behalf of Ontario employers in all areas of labour, employment and human-resources law, the lawyers at Humphrey's firm acknowledge that not all businesses have the resources to retain legal counsel to ensure up-to-date protective policies are in place.

Consequently, she and her colleagues provide many educational opportunities for management teams, that offer affordable alternatives to engaging a lawyer one-on-one.

The lawyers at her firm are all prolific authors who have, in addition to the quarterly newsletter, penned nine books, numerous articles, papers and regular electronic newsletters. Most publications can be downloaded online at no cost.

"There's a lot more to being an employer than hiring someone and getting rid of the person if they don't meet every job expectation," she explains. "We show employers how the changing obligations affect them."

In addition to printed material, Stringer Brisbin Humphrey provides a regular schedule of seminars throughout the GTA and in Barrie.

The lineup for the two-hour 'Breakfast Briefing' sessions include explanations of preventative policies, and how-to advice regarding the handling of specific office issues along with a continental breakfast.

In May, Humphrey's colleagues Allison Taylor and Landon Young will be presenting 'Employment Contracts: The Complete Course for Non-Union Employers' at the Holiday Inn on Fairview Road.

This presentation promises to teach "how to build much-needed flexibility into your contracts, provide employees with a clearer understanding of the relationship, establish appropriate expectations between the parties, avoid lawsuits, reduce termination costs and protect company assets."

Coming up soon on March 2, employers can discover their rights and obligations when it comes to medical documentation.

Current issues that are demanding attention in the workplace are also being addressed in these upcoming early-morning sessions.

The 'Personal Security in the Age of Terror' course being offered in April speaks to the increased awareness of the threat of terrorism since 9/11.

May's topic addresses "the prevalence of drugs and alcohol today and their destructive potential in the workplace."

It also will discuss the risks of serving alcohol to employees during social functions.

As summer nears and love is in the air, corporate leaders can explore the complications of office romances, especially when they end.

June's offering discusses "the fallout for employers (that) can include harassment complaints, allegations of favouritism, negative publicity and the loss of valued employees."

Not all issues can be contained within a breakfast session, however, so there are a couple of longer training sessions on tap.

The half-day program, scheduled on Feb. 24, interprets the 2006 changes to the Workplace Safety and Insurance Board programming.

On April 4, an entire day will be dedicated to workplace harassment. The seminar will concentrate on developing in-house resources for effective internal resolution.

"The employment relationship is becoming more and more complicated," Humphrey says. "It pays so much to be proactive."

Established almost 40 years ago, Stringer Brisbin Humphrey has offices in downtown Toronto and on Cedar Pointe Drive in Barrie.

Firm partner Humphrey is a nationally-acknowledged leader in human-rights law. Author of the book 'Human Resources Guide to the Duty to Accommodate', she was recognized in 2003 as one of the top 25 women lawyers in Canada by 'Lexpert', the leading national magazine focusing on the business of law.

In addition to her regular speaking engagements at conferences across Canada, Humphrey spends between six and 10 days per month leading training sessions.

"The process for litigation takes four or five years in the courts," she says, explaining why more than 70 per cent of human-rights complaints settle in mediation.

But she's adamant that her preference is to spend time with clients equipping them with knowledge and policies before trouble occurs.

"It's a more useful role for counsel," she concludes.

Firm publications and a full schedule of upcoming seminars can be accessed online at www.sbhlawyers.com.

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