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Fits and Flare-ups: Appropriate responses to isolated acts of aggression or misconduct at work

Tuesday, August 22, 2017, 12:30 pm - 2:00 pm EDT



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Moderators


Douglas Ruck

Arbitrator/Mediator


Speakers


Michael Horvat

Employer Counsel
Aird & Berlis
Kristine Barr

Union Counsel
Canadian Union of Public Employees (Manitoba Regional Office)

Issues

When employees engage in out-of-character acts of aggression or misconduct, workplace parties are often caught off-guard and are unsure how to respond. Determining when isolated incidents of aggression or misconduct warrant discipline or discharge is often a complex and multi-faceted question. In this session, expert counsel will discuss the legal principles applicable to the workplace consequences of momentary flare-ups or isolated acts of misconduct, including:

  • Fulfilling the duty to inquire and accommodate: When is an employer obliged to inquire as to whether disability played a role in an employee’s misconduct? Does the union bear any duty to make inquiries if it suspects workplace misconduct is disability-related? If an employee’s misconduct is related to a disability, how should workplace parties respond?
  • Applying progressive discipline: When is progressive discipline the appropriate response to threats, violence, and harassment at work? When is summary discharge likely to be upheld for workplace violence and harassment? How has the response to workplace violence and harassment changed following the implementation of anti-harassment statutes such as Bills 132 and 168 in Ontario and Bill 14 in British Columbia?
  • Aggravating and mitigating factors: What are the key distinguishing features between serious, solitary offences that are determined to merit discharge and those that are not? What factors aggravate isolated acts of misconduct or aggression in the workplace and support more severe disciplinary sanctions? Do adjudicators distinguish between general and specific threats of violence in the workplace? What are the key mitigating factors in assessing discipline for isolated acts of aggression/misconduct? Does it matter if the employee was under significant stress at the time of the incident?
  • Social media flare-ups: What special considerations apply when employee misconduct occurs on social media platforms rather than in a physical work environment? Does it matter if an employee’s comments were intended to be private? In what circumstances can an employee be disciplined for publicly criticizing his or her employer? Where such behaviour has attracted public scrutiny, will the employer's desire to distance itself from the misconduct warrant discharge?

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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