Doing the Right Thing: A roadmap on ethics for labour relations practitioners
December 15, 2015 In this session, a panel of Lancaster's experts will provide practical tips to guide you through tough ethical dilemmas commonly faced by labour relations professionals. Issues to be addressed include:Staying on the [...]
Employment Interrupted: The top wrongful dismissal cases of 2015
December 3, 2015 In this session, leaders in the field will review the most important wrongful dismissal cases of 2015, and highlight must-know principles for employers, employees and employment law practitioners across Canada. [...]
Prescriptions for Dealing with Doctors: Getting the information you need
November 26, 2015 In this practical session, specialists will provide guidance on getting the medical information you need and are entitled to in your capacity as an employer, HR professional, or union representative, [...]
Tough Issues Facing Labour Boards: Statutory freeze questions, health and safety claims, rogue employer remedies, and more
November 24, 2015 The task of labour boards, encouraging "co-operative participation of employers and trade unions in resolving workplace issues," is not an easy one at the best of times. Particular problems, however, such [...]
Bipolar Disorder: Understanding the condition, accommodating the employee
November 12, 2015 Bipolar disorder, previously called manic depression, is marked by dramatic mood swings involving extreme highs and devastating lows. It can create serious challenges at work not only for the employee [...]
Developments in Judicial Review: Key cases, recent trends
November 10, 2015 Courts have long pointed to labour boards as the classic example of a specialized tribunal to which they should show deference on judicial review. How much deference are courts actually giving to [...]
Ensuring Access to Labour Justice: Dealing with self-represented parties
November 5, 2015 Labour boards have long dealt with unrepresented workers making duty of fair representation applications against their unions. Increasingly, however, labour boards are faced with non-unionized workers who must represent themselves in [...]
Beyond Master and Servant: Defining the employer-employee relationship in the age of Uber
October 27, 2015 While classifying workers as employees or contractors has long been a task for courts and labour boards, the proliferation of new and non-standard working relationships, like those created by Uber, [...]
Freedom of Association at the Labour Board: Exploring the implications of the Supreme Court’s New Labour Trilogy and other recent Charter decisions
October 22, 2015 A seismic shift has taken place in Canadian labour law. The shift that began in 2007 with the Supreme Court of Canada's recognition of constitutional protection for collective bargaining in [...]
The Truth About Consequences: Assessing appropriate discipline
October 22, 2015 In this audio session, a panel of experienced counsel will explain what principles must be considered and applied in addressing concerns regarding employee conduct that impacts the workplace. The following topics [...]
Disability Insurance Claims: Untangling the issues
October 8, 2015 When an employee makes a claim for disability benefits, the employer, the employee, the union, and the insurer each have obligations, which may sometimes conflict. In this session, our experts will help [...]
Tackling Substance Dependency in the Workplace: Policies and practices that work
September 23, 2015 Substance dependency may result in significant workplace problems, ranging from lost productivity and absenteeism to issues of workplace safety. Supporting an employee who is struggling with a substance use disorder can be [...]
Testing the Limits of the Duty to Accommodate: Trendsetting cases on undue hardship
September 10, 2015 While there is no question that employers must accommodate employees with disabilities "to the point of undue hardship," parties frequently disagree about what amounts to undue hardship. Determining where the point of [...]
Minding Your Own Business: Privacy rules on collecting, using, and disclosing employee information
July 21, 2015 We live in an information age. The sheer amount of information available on anything or anyone is increasing, and this information is increasingly easy to access. The ease of collecting personal information [...]
Avoiding Pitfalls in Postings and Promotions: Ensuring fairness, complying with the law
July 9, 2015 Employers and unions both have an interest in ensuring that recruitment, hiring, and promotion processes are fair and avoid bias and discrimination. When is it appropriate to seek a criminal record check? [...]
Feeling the Squeeze: The latest word on accommodating family responsibilities
June 18, 2015 In recent years, there has been a revolution in the attitude of courts to family status discrimination cases, broadening the scope of protection afforded to employees under federal and provincial [...]
The ABCs of IMEs: When are they useful, when are they required?
June 11, 2015 The conflict between employee privacy rights and the need for employers to have reliable, accurate information about an employee's medical condition – in order to fulfill the duty to accommodate, [...]
Anxiety and Stress Disorders at Work: Prevention, accommodation, compensation
May 28, 2015 Stress and anxiety are major health concerns. Approximately 12% of Canadians are affected by anxiety disorders that cause mild to severe impairment in daily living, and more than one in [...]
Standing Up to Workplace Bullies: Assessing discipline, supporting victims, promoting safety
May 7, 2015 Failing to provide a workplace free of bullying and harassment, including failing to investigate and respond appropriately to complaints, can expose employers to significant liability under human rights and occupational health and [...]
Staying on the Right Side: The do’s and don’ts of fair and effective disciplinary meetings and investigations
April 30, 2015 Disciplinary meetings and investigations require a careful balancing between employees' rights to privacy and a fair process, and the need to conduct an effective inquiry into allegations. How should the [...]
Managing the Transition to Retirement: Flexible work arrangements and other critical issues for retiring employees
April 23, 2015 Canada's aging workforce presents employers and unions with the opportunity to harness the skills and experience of mature workers, but also raises thorny challenges. Is it discriminatory to limit flexible work arrangements [...]
Learning to Accommodate: A step-by-step guide to accommodating employees with learning and intellectual disabilities
April 9, 2015 Accommodating an employee who has a learning or intellectual disability presents special challenges for employers and unions. How can workplace parties recognize when performance issues may be the result of a learning [...]
Who’s Running the Shop? Balancing employer rules against employee privacy
March 5, 2015 Recent developments in privacy law have resulted in a greater recognition, as well as an increasing expansion, of employee privacy rights in the arbitral jurisprudence. Further, as a result of the Supreme [...]
Anti-Social Media: Pulling the plug on electronic bullies
February 26, 2015 The use of electronic communication to harass, bully, threaten, and malign, also referred to as "cyberbullying," has become a growing concern in the 21st century workplace. While cyberbullying shares certain [...]
Shining a Light on Off-Duty Misconduct: When is it cause for discharge?
February 19, 2015 The circumstances surrounding CBC's recent firing of Jian Ghomeshi raise a host of legal issues, including an employer's ability to discharge employees for off-duty behaviour. When can an employee be [...]
The Right to Strike: A detailed discussion and analysis of the Supreme Court’s decision in Saskatchewan Federation of Labour v. Saskatchewan
February 17, 2015 On January 30, the Supreme Court of Canada issued a decision affirming, for the first time, constitutional protection for the right to strike in Canada. Applying this principle, it quashed [...]
Sexual Harassment in the Workplace: Overcoming a culture of fear
February 12, 2015 As a result of a series of high-profile and very public disclosures in recent months, the problem of sexual harassment in Canada's workplaces has surged to the forefront of workplace law. These [...]
Looking Back, Looking Forward: What’s happened recently – and what lies ahead?
January 22, 2015 In this session, Lancaster's panel of experts will review the most important decisions in workplace law of 2014 and explain how the key legal principles enunciated in those decisions should guide the [...]