Adrian Miedema | Fraser Milner Casgrain LLP

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Adrian Miedema LL.B., B. Math (Actuarial Science and Economics), Partner

Adrian is a partner in the Toronto Employment Group of Fraser Milner Casgrain LLP. He advises and represents employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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Employment and Labour Law

Making the Law Work for Your Workplace

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Adrian advises and represents employers in employment, human rights and health and safety matters. He also advises employers on strategic considerations in employment policy and contracts, as well as on employment issues in corporate transactions.

Representative Work

Counsel to Teledyne Technologies Incorporated on its $337 million acquisition of DALSA Corporation

Acted as counsel to a religious employer in a landmark human rights appeal dealing with the interpretation of the Ontario Human Rights Code and the rights of religious employers to engage in faith-based hiring, and to insist upon religious adherence as a condition of employment

Defending employers charged with health and safety offences

Providing strategic advice to employers to reduce the risk of legal disputes

Advocacy in workplace safety and insurance matters

Publications

"68% Of Companies Plead Guilty to Occupational Health and Safety Act Charges (and 8 other interesting findings): FMC Employment / Occupational Health and Safety Lawyers Analyze Unpublished Ontario Ministry of Labour Data", May 16, 2012

"Volunteer Fire Department's Actions Being Scrutinized By Court Under OHSA: 2 of 3 Remaining Charges Dismissed", Canadian Employment and Safety Health Guide, April 2012

HR Manager's Guide to Background Checks and Pre-Employment Testing, Second Edition

"The Bill 160 'Revamp' of Ontario's Health and Safety System", HR Professional, November/December 2011

Criminal Liability for Occupational Health and Safety: Bill C-45 Update (Presentation)

Social Media Risk Management for Charities: A Policy in 140 Characters - September 2011

FMC Occupational Health and Safety Law Digest (Ontario), April 2011

Court Considers Bonus Allocation Process, June 2010

Employers Favoured in Tribunal's Approach to Preliminary Objections, April 2010

Workplace Violence: Introduction of Bill 168 (Part 1) - Webcast

The Performance Review as Harassment?: Understanding Ontario's Proposed Workplace Harassment and Violence Amendments to the OHSA - Webcast

How, and When, Employers Should Monitor Employees

Employment Litigation: Has Overtime Class Action Fever Hit Canada?

Books

HR Manager’s Guide to Background Checks and Pre-Employment Testing (co-author, Thomson Carswell, 2006)

HR Manager’s Guide to Non-Competition and Non-Solicitation Agreements (co-author, Thomson Carswell, 2005)

Legalese with Ease: Legal Terms for Human Resources Professionals (co-author, CCH, 2003)

Selected Articles

"Using lawyer as investigator doesn’t guarantee privilege", Legal Post, February 2012

“Things Really Have Changed: Employers are Winning Preliminary Objections at the Human Rights Tribunal of Ontario”, CBA, December 2009

“‘With cake’ terminations now sweeter for employers”, Legal Alert, November 2008

“Checking it Twice: Employee Background Checking For Christian Charities”, CCCC Bulletin, October 2007

“Criminals, Hackers and Competitors: Managing Employee Risk”, Canadian Treasurer, August | September 2007 (co-author)

“But I Thought You Checked: Background Checking of Temporary Employees”, Canadian HR Reporter, April 30, 2007(co-author)

“Take Me Back: Ontario Judges may begin Reinstating Employees”, CEER Editorial, April 2007

“Pre-employment background checks can assist in reducing risk of fraud”, The Lawyers Weekly, March 2, 2007 (co-author)

“Background Checking: It’s Legal if Done Properly”, Workplace Magazine, 2007 (co-author)

“It’s There But You Can’t See It: Beware the Hidden Danger of the E-world”, Workplace News, November/December 2006

“Overtime Liability: Is it Lurking Behind your Balance Sheet?”, Canadian Corporate Counsel, September/October 2006

“The Million-Dollar Question: Is Your Plant Misapplying Overtime Laws?”, Workplace News, Fall 2006

“What are They Smoking? Drug and Alcohol Testing in the Mining Industry”, Canadian Mining Journal, August 2006

“Electronic Evidence in the Workplace: Potential Risks, Opportunities and Embarrassment”, Corporate Governance (Federated Press), July 2006

“Metadata: Manage Hidden Data and Save the Embarrassment”, FMC Focus on Employment, Labour and Pensions, June 2006 “Employers Roll the Dice with Drug Testing Programs”, OHS Canada, June 2006

“Remember Who You Are: The Ten-Step Human Rights Plan”, CCCC Bulletin, May 2006

“Electronic Evidence: Manage Hidden Data and Catch the Rogue Employee”, FMC Focus on Employment and Labour, April 2006

“When Litigation becomes a Sport”, CEER Editorial, February 14, 2006 “Corporate Director Jailed for ESA Violations”, Legal Alert, November 2005

“The Doctrine of Frustration and the Disabled Employee: Dying a Slow Death?”, Canadian Corporate Counsel, July 2005 HR Manager’s Guide to Non-Competition and Non-Solicitation Agreements (co-author, Thomson Carswell, 2005)

“Court Punishes Internet Defamation”, Legal Alert, January 2005

“Wrongful Dismissal Can Void Non-Competition Obligations”, Workplace News, December 2004 Legalese with Ease: Legal Terms for Human Resources Professionals (co-author, CCH, 2003)

“Courts may Defer to Employer Severance Formula”, Legal Alert, September 2003 (co-author) “Consider the choice of law at the time of hiring”, The Lawyers Weekly, October 11, 2002

Teaching Roles

Adjunct Professor of Employment Law at the Faculty of Law, University of Western Ontario (2006 to 2009)

Prior Speaking Engagements

"Criminal Liability for Occupational Health & Safety: Bill C-45 Update", October 26, 2011

"When is it Worth Fighting? A Cost/Benefit Analysis of Employment Litigation", May 18, 2011

"10 Things You Need to Know About the Law, Ethics and Social Media", Webinar, March 2, 2011

“Social Networking Websites: Challenges for the Workplace”, Law Society of Upper Canada, April 20, 2010

“Workplace Violence: Introduction of Bill 168”, FMC Employment and Labour Law Update, March 25, 2010

“Working 9 to 6: What a Way to Make an Overtime Pay Class Action”, HRPA - 2010 Annual Conference, January 28, 2010

“The Performance Review as Harassment?: Understanding Ontario’s Proposed Workplace Harassment and Violence Amendments to the OHSA”, FMC Employment & Labour Law Update, Toronto, October 20, 2009

“Taking Care of Business and Working Overtime”, CCCC, September 30, 2009

“Working 9 to 6: Overtime Class Actions”, HRPA, September 16, 2009

“Working 9 to 6: What a Way to Risk an Overtime Pay Class Action”, Fraser Milner Casgrain LLP Employment & Labour Law Update, Toronto, October 15, 2008

“Somebody Poked Me: Facebook and its Many Challenges for Charities”, CCCC, September 23, 2008

“Social networking websites, dealing with the legal challenges posed by MySpace, Facebook, Blogs, etc.”, Osgoode Hall Law School of York University, Professional Development Program, Continuing Legal Education, April 28, 2008

“Lecture on Restrictive Covenants”, Osgoode Professional Development L.L.M. Program, February 1, 2008

“Social Networking Websites - Challenges for the Workplace”, The Law Society of Upper Canada, CLE Teleseminar, January 15, 2008

“Check Carefully: Strategies to Avoid Legal Pitfalls in Background Checking”, Strategy Institute, FMC, November 2007

“Employee Background Checking for Christian Charities”, CCCC, September 26, 2007

“Don’t Hire a Rogue: Employee Background Checking for Finance and Treasury Professionals”, TMAC, September 18, 2007

“Whistleblowing Post-Enron: What Employers and Employees Need to Know”, TMAC, September 17, 2007

“Whistleblowing Post-Enron: What You Need to Know”, TMAC, Southwestern Ontario, July 18, 2007

“Whistleblowing Post-Enron: What You Need to Know”, TMAC, Kitchener, Ontario, June 20, 2007

“Electronic Evidence, E-forensics and Metadata: A New World of Opportunities and Risks”, Osgoode Professional Development - Employment Law 2007, April 10, 2007

“Are You Watching? The Law and Technology of Employee Monitoring”, Fraser Milner Casgrain llp client seminar, April 2007

“Background Checking: Legal Pitfalls”, Recruitment and Retention Industry Summit, March 2007

“Electronic Evidence Primer for HR Professionals”, HRPAO, January 2007

“Issue Estoppel and Multiplicity of Proceedings”, HRPAO, October 2006

“Employment Law Update: Snapshots of Emerging Risks”, CCCC, September 2006

“Criminals, Hackers and Competitors: Managing Employee Risk”, Treasury Management Association of Canada, September 11, 2006

“Electronic Evidence in the Workplace: Potential Risks, Opportunities and Embarrassment”, Corporate Governance, August 2006

“Employee Fraud in the Enron Age: Catching the Rogue”, Treasury Management Association of Canada, York Durham and Toronto Chapters, June 22, 2006

“Overtime Liability in the Class Action Age”, Lorman, June 2006

“You Can’t Take it With You”, Workopolis TV, ROBTV, November 2005

“Human Rights Update”, CCCC, September 2005

“Accessing, Using and Disclosing Personal Medical Information: New Rules and Risks”, Managing and Litigating Depression and Disability Claims Conference, Canadian Institute, June 2005

“Privacy Law in the Charitable and Non-Profit Sector”, Privacy Law, Ethics & Confidentiality for Non-Profits, A Comprehensive, One-Day Risk Management Workshop, April 2004

“Employment Law”, Humber College, December 2003

“Relocation Issues - Employment Contracts”, Insight, November 2003

“Privacy Update, Bad Faith Dismissal, and Disability”, CCCC, September 2003

“Conflict of Laws in Employment Law”, More Current Issues in Employment Law (2003): Cases and Contracts (Ontario Bar Association, May 2003)

“Employment Law”, Humber College, Human Resource Management Program, May 2003

“Appeals Regarding Community Services”, Provincial Association for Senior Managers Conference, February 2003

“Employee terminations : minimizing the risks of wrongful and unjust dismissal claims”, Infonex, 2002