Home|Audio Conferences|Leading Cases on Discharge and Discipline

Leading Cases on Discharge and Discipline: Mastering the key principles, foundational cases, and current issues

Tuesday, September 18, 2018, 12:30 pm - 2:00 pm EDT



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Moderators


Andrew Tremayne

Arbitrator/Mediator


Speakers


Shona Moore

Union Counsel
Moore Edgar Lyster
Augustus Richardson

Arbitrator/Mediator

Ashley Brown

Employer Counsel
Filion Wakely Thorup Angeletti

Issues

This essential session will explore the seminal cases and fundamental principles that shape the disciplinary process in unionized workplaces, and discuss how they are being applied by arbitrators today. Join a seasoned arbitrator and labour lawyers to gain a better understanding of the key issues involved, including progressive discipline, the right to union representation, and aggravating and mitigating factors.

  • The just cause standard: When will employee action meet the "just cause" standard for discipline? Are there different approaches to just cause in different jurisdictions? Is a progressive discipline approach implicit in the just cause standard? Are zero-tolerance policies consistent with the just cause standard?
  • Culminating incident and prior record: What constitutes a "culminating incident," and when is an employer entitled to rely on an employee's adverse disciplinary record? When, if ever, can an employer rely on evidence relating to prior non-disciplinary incidents? Are employers ever entitled to adduce evidence of prior discipline, in the presence of a sunset clause?
  • Right to remain silent: What practical consequences may follow from an employee's failure to provide an explanation for apparent misconduct?
  • Union representation: What triggers the right to union representation? Is there an implied obligation on the employer to advise the employee of the right to union representation when calling a disciplinary meeting? Where the right is violated, is discipline automatically void?
  • Assessing discipline: What factors are generally seen as aggravating factors, and what factors are generally seen as mitigating factors? Which factors carry the most weight in assessing discipline?
  • Effect of disability: What approach do arbitrators take when a union asserts that an employee's misconduct can be explained as a consequence of his or her disability? Has the Supreme Court's decision in Elk Valley altered the manner of assessing whether workplace misconduct is connected to a disability?
  • Compensation in lieu of reinstatement: In what circumstances will arbitrators decline to reinstate an employee despite finding that discharge was not warranted?

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 $255. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $155.

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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