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Tipping the Scale: What factors will arbitrators take into account when assessing discipline?

Tuesday, June 20, 2017, 12:30 pm - 2:00 pm EDT



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Moderators


Madeleine Loewenberg

Employment Counsel
Loewenberg Psarris Workplace Law
David Yazbeck

Union Counsel
Raven, Cameron, Ballantyne & Yazbeck

Speakers


Shanti Reda

Union Counsel
Hamilton, Howell, Bain & Gould
James LeMesurier

Employer Counsel
Stewart McKelvey
Gabriel Somjen

Arbitrator/Mediator


Issues

Canadian arbitrators have the jurisdiction to review discipline imposed on unionized employees and to substitute lesser penalties where it is just and reasonable to do so. In exercising this jurisdiction, arbitrators will take into account well-accepted aggravating and mitigating factors to determine an appropriate response to misconduct. In this session, a respected arbitrator and experienced labour lawyers will provide insight into which factors tend to carry the greatest weight at arbitration.

  • Just cause: When will employee action meet the "just cause" standard for discipline? Are zero-tolerance policies consistent with the just cause standard? How does the assessment of whether off-duty conduct meets the just cause standard differ from the assessment of on-duty conduct? Is an employer required to investigate whether disability played a role in an employee's misconduct prior to imposing discipline? How is undue hardship assessed when accommodating an employee who engages in misconduct because of a disability?
  • Aggravating factors: What factors are generally seen as aggravating factors? How significant are the following factors in assessing discipline: dishonesty, seriousness of misconduct, repetition of misconduct, lack of remorse?
  • Mitigating factors: What factors are generally seen as mitigating factors? Which factors carry the most weight in mitigating discipline for misconduct? How significant are the following: remorse, candour, lack of a disciplinary record, less severe treatment of similar misconduct by others, lengthy seniority, lack of progressive discipline, adverse personal circumstances?

Accreditation

HRPA Continuing Professional Development

The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Continuing Professional Development Partner, guaranteeing that participation in our audio conferences will be accepted by the HRPA for CPD credit.


HRMA Continuing Professional Development

This audio conference has been approved by the HRMA for CPHR recertification credits.

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.

REGISTRATION FEE
Live Session – $245, plus HST
Live Session for 2 or more (Boardroom fee) – $490, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $145, plus HST
MP3 Recording – $245, plus HST
(Registrations must be paid in advance of the audio conference)

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.

REGISTRATION INFORMATION
When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

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