Home|Audio Conferences|Managing Attendance at Work

Managing Attendance at Work: Accommodating employees, respecting rights, curbing abuse

Tuesday, April 11, 2017, 12:30 pm - 2:00 pm EDT



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Moderators


Shana French

Employer Counsel
Sherrard Kuzz
David Yazbeck

Union Counsel
Raven, Cameron, Ballantyne & Yazbeck

Speakers


Lou Poskitt

Employer Counsel
Miller Titerle
Elichai Shaffir

Union Counsel
Cavalluzzo Shilton McIntyre Cornish

Issues

Attendance management programs have become increasingly common in workplaces across Canada, yet they remain contentious and are often the subject of litigation. In this session, experienced labour lawyers will identify the key elements that attendance management programs must contain to be compliant with relevant legislation and collective agreement rights. Topics to be addressed include:

  • Reasonable policies and programs: Does arbitral caselaw generally recognize the creation of an attendance management policy as a reasonable exercise of management rights? Does the answer differ where the applicable collective agreement contains detailed provisions regarding sick leave and accommodation of disabilities? What elements must a unilaterally-imposed attendance management policy contain if it is to withstand arbitral scrutiny for reasonableness? How should threshold levels of attendance be set so as not to be arbitrary or otherwise unreasonable? Is it advisable to negotiate collective agreement provisions that expressly address attendance management? Why or why not? What are some examples of attendance management clauses that parties have included in collective agreements? What is the scope of an employee's entitlement to union representation in an attendance management program?
  • Statutory floors of protection: Does human rights legislation prohibit employers from counting absences due to a disability for the purposes of an attendance management program? How should attendance management policies and programs deal with absences due to family obligations, such as childcare or eldercare, in light of the developing caselaw on "family status" protection in human rights legislation? Aside from human rights legislation, what other legislation must attendance management policies take into account?
  • Medical information and privacy: What medical information may be required from employees in an attendance management program? Should medical certificates be required for all absences once an employee has reached the threshold for enrolment? As part of an attendance management program, should human resources personnel seek permission to contact and communicate with the employee's doctor for updates on the employee's medical status? What steps must employers take to safeguard the confidentiality of employee medical information received pursuant to an attendance management program? When, if ever, will communication with an employee regarding medical information be considered harassment?
  • Dismissal: When can an employer dismiss an employee for non-culpable absenteeism? What constraints are there upon an employer in discharging an employee for innocent absenteeism (e.g. benefit loss, notice, etc.)?

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Audio conference MP3 files are available for $245. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $145.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

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