Home|Audio Conferences|Fair or Foul

Fair or Foul: Do employees have an enforceable right to fairness at work?

Thursday, August 22, 2019, 12:30 pm - 2:00 pm EDT



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Moderators


Colin Johnston

Arbitrator/Mediator


Speakers


Ritu Mahil

Employer Counsel
Lawson Lundell
Christopher Rootham

Union Counsel
Nelligan O'Brien Payne

Issues

Equity, or fairness, in the workplace has long been identified as an important – or even primary – interest of employees. Is this interest in being treated fairly one that is legally protected? In this session, leading labour lawyers will discuss this question, identifying circumstances in which employees have a right to be treated fairly by their employers – defining what fairness means in these contexts – while noting circumstances in which employees' right to be treated fairly is less certain. Specific questions to be addressed include the following:

  • In a unionized workplace, is an employer generally required to exercise its right to manage in a fair and reasonable fashion in the absence of express language in the collective agreement requiring it to do so? Is the obligation to act in good faith in administering the collective agreement the same as – or comparable to – a duty to exercise management rights fairly and reasonably? Is there a difference between acting fairly and acting reasonably?
  • If there is collective agreement language requiring the employer to exercise its management rights fairly, does the requirement to act fairly extend beyond matters specifically covered by the collective agreement?
  • Must rules promulgated unilaterally by a unionized employer be "fair"? If so, what separates "fair" rules from "unfair" rules?
  • Leaving aside questions regarding the existence of a general duty of fairness, does an employer have an obligation to act fairly in disciplining or discharging employees in unionized workplaces? What about non-unionized workplaces? Does it matter whether the employer is a public or private organization?
  • What steps must an employer take to ensure that a workplace investigation is conducted fairly? Does it depend on the type of investigation? For example, are there specific requirements regarding procedural fairness in harassment investigations?
  • What is the scope of the union's obligation to represent bargaining unit members fairly? How can the union meet this duty when members are in conflict?
  • What are some best practices for ensuring fairness in the workplace? Do employers, unions, and employees have a shared interest in ensuring that workplaces are fair?

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 Resources Professionals Association.


Lancaster House CPD
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.
  • 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 New Brunswick 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.

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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