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Discipline Hot Spots: Off-duty conduct, surveillance, violence, and more

Tuesday, February 5, 2019, 12:30 pm - 2:00 pm EST

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Augustus Richardson



Sarah Crummy

Union Counsel
Blair Chahley
Erin Porter

Employer Counsel
Fasken Martineau


In recent years, prompted largely by the rise of social media and advanced technology, employers have initiated disciplinary processes in increasingly novel and continually evolving circumstances. In this audio conference, experienced counsel will explore leading cases in discipline, with a focus on the following hot spots:

  • Off-duty conduct: When can employees be disciplined or discharged for off-duty misconduct? Are different considerations applicable in unionized versus non-unionized workplaces? What type of evidence is required to establish that off-duty conduct has harmed an employer's business interests, including its reputation? How will decision-makers assess whether public statements made outside the workplace, including tweets, Facebook or blog posts, and YouTube videos, damage the employment relationship? Is dismissal more likely to be upheld for employees working in trust-sensitive positions, such as teachers and health care workers?
  • Surveillance: Can an employee be disciplined based on evidence obtained via surveillance? How are arbitrators and privacy commissioners balancing an employer's right to manage and control the workplace and employees' privacy interests?
  • Violence: What unique considerations apply where an employee's conduct involves violence, including threats or harassment? Will the employer's duty to ensure workplace safety justify dismissal? Where such behaviour has attracted public scrutiny, will the employer's desire to distance itself from the misconduct warrant discharge?
  • Disloyalty and breach of trust: In what circumstances can an employee be disciplined for publicly criticizing his or her employer? When can an employee be disciplined for misconduct constituting a breach of trust, such as improperly accessing confidential information or misusing employer resources?
  • Damages in lieu of reinstatement: When an employer has not demonstrated just cause for discharge, in what circumstances will an arbitrator order damages in lieu of reinstatement? In contrast to the Supreme Court of Canada's decision in AUPE v. Lethbridge, which characterized damages in lieu of reinstatement as a remedy for "exceptional" or "extraordinary" circumstances only, have arbitrators recently become more inclined to award damages in lieu of reinstatement?


CPHR Alberta

CPD hours for this event can be logged online, through your CPHR Alberta member profile.

HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.

HRMA Continuing Professional Development

This event has been approved by CPHR BC & Yukon for recertification credits under the CPHR Recertification Log. Be sure to note the Event Identification Number in your recertification log.

Lancaster House CPD
  • CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers Society may count this program for 1.5 Continuing Professional Development hours.
  • This audio conference has been approved by the Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.

Additional Information

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.

Live Session – $260, plus HST
Live Session for 2 or more (Boardroom fee) – $520, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $160, plus HST
MP3 Recording – $260, plus HST
(Registrations must be paid in advance of the audio conference)
Contact us for discount pricing on the entire series.

Audio conference MP3 files are available for $260. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $160.

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.

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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