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Piecing Together the Puzzle: When do employment standards apply instead of collective agreement benefits (and vice-versa)?

Thursday, April 11, 2019, 12:30 pm - 2:00 pm EDT



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Moderators


Colin Johnston

Arbitrator/Mediator


Speakers


Mike Hamata

Employer Counsel
Roper Greyell
Amanda Montague-Reinholdt

Union Counsel
Raven, Cameron, Ballantyne & Yazbeck

Issues

Collective agreements frequently provide greater benefits than employment standards legislation, which sets minimum floors of statutory protection. But the question of which rights prevail in cases of conflict remains hotly contested between unions and employers. This session will provide expert guidance on this issue, reviewing cases that arise in various contexts, including leaves of absence, vacation pay, and minimum wage rates. Panelists will also bring you up-to-date on the most important recent legislative changes to employment standards legislation.

  • What key legislative changes have been made to employment standards statutes in recent months, and what changes are on the horizon?
  • Where there is a conflict between statutory and contractual obligations, which one prevails? What approach do arbitrators take where a collective agreement is silent about a matter covered by employment standards legislation?
  • In which jurisdictions does employment standards legislation contain a "greater benefits" clause, stipulating that the collective agreement prevails where it provides a superior right or benefit to employment standards legislation? What does the law provide in other jurisdictions? Can unions and employers negotiate collective agreement provisions that contract out of certain employment standards rights/obligations?
  • What approach do arbitrators take to determine whether a contract provides a "greater benefit" than employment standards legislation (i.e. an item-by-item or a "basket of benefits" approach)?
  • In what circumstances do arbitrators consider that leave provisions in collective agreements are in fact superior to legislated standards? Can an employer reduce an employee's statutory sick leave or family responsibilities leave by the number of floater or lieu days to which the employee is entitled under the collective agreement? Do contract clauses that refer to leaves specified in employment standards legislation survive the repeal of those provisions? For example, in Ontario, what are the effects of clauses that refer to personal emergency leave, which are subject to repeal on January 1, 2019?
  • What considerations do arbitrators take into account when comparing applicable employment standards and collective agreement provisions regarding holidays and holiday pay in determining which one provides a superior benefit? In jurisdictions without a "greater benefits" provision, are statutory holidays deemed to be incorporated into the collective agreement?
  • How do minimum wage rate increases affect collective agreement provisions? For example, if a collective agreement includes a pay differential for new hires and more experienced employees based on the old minimum wage rate, is the employer required to increase wages in order to maintain the pay differential?
  • Do arbitrators always have jurisdiction over grievances alleging that an employer violated employment standards legislation?
  • Does the doctrine of estoppel, which provides that a party may be held to past practice despite its strict legal rights, apply where an employer's practice violates employment standards legislation?

Accreditation

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

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 – $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 FILES
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.

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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