Ethics in Communication: Straight talk for labour relations professionals
December 14, 2017 Communications with clients, opposing counsel, and adjudicators often raise difficult questions about ethics and professionalism. Where is the line between zealous advocacy and incivility? What are best practices for communicating [...]
Danger at Work: Responding to violence and harassment by patients, students and others
November 30, 2017 Recent news reports have highlighted the frequency of violence against health care workers and teachers by patients and students under their care, but almost every worker faces the possibility that [...]
Bill 148 (the Better Jobs Act): What changes are coming to Ontario’s workplaces?
November 14, 2017 On June 1, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, which proposes a number of significant changes to the province’s labour and employment laws that [...]
Tackling Sick Leave and Return to Work: Credibility, self-reporting, and other thorny issues
November 2, 2017 Reports of employees taking a sick day to watch a baseball game or engage in some other leisure activity are legion. In fact, the improper use of sick leave is [...]
Know Your Rights: A primer on criminal law for unions, employees, and employers
October 24, 2017 Workplace conduct, whether it be employee behaviour or employer actions, often comes under scrutiny in civil law forums through wrongful dismissal actions, grievance arbitrations, and human rights proceedings. Much less [...]
The Opioid Crisis at Work: Protecting employees, supporting first responders, accommodating addiction
October 19, 2017 Health Canada estimates that in 2016, there were over 2,458 opioid-related deaths in the country, amounting to approximately 7 deaths per day. In response to this opioid overdose epidemic, the [...]
What Does It Mean? Mastering the rules of collective agreement interpretation
October 3, 2017 When disputes arise at a unionized workplace, the first place to look for guidance is the collective agreement – the contract that governs the rights and responsibilities of employers and [...]
Elk Valley and Disability-Related Misconduct: How has the Supreme Court changed the law?
September 28, 2017 On June 15, 2017, the Supreme Court of Canada released its much anticipated decision in Stewart v. Elk Valley Coal Corporation (“Elk Valley”). Grappling with the question of whether an [...]
Post-Traumatic Stress Disorder: Workplace strategies for prevention, recognition and accommodation
September 21, 2017 Up to 9% of Canadians will experience post-traumatic stress disorder (PTSD) at some point in their lives, and it is well-recognized that exposure to traumatic events on the job plays a significant [...]
A New Leaf for Canada: Dealing with marijuana in the workplace
September 14, 2017 With the rise of medical marijuana use and the impending legalization of recreational use, it is critical for workplace parties to understand their legal rights and obligations in this rapidly [...]
Fits and Flare-ups: Appropriate responses to isolated acts of aggression or misconduct at work
August 22, 2017 When employees engage in out-of-character acts of aggression or misconduct, workplace parties are often caught off-guard and are unsure how to respond. Determining when isolated incidents of aggression or misconduct [...]
Tech Talk: Ensuring legal and ethical use of technology by employers and employees
August 17, 2017 Newspapers and legal decisions abound with allegations of employees committing “time theft” by using technology for personal pursuits during work hours and co-workers harassing each other online. Using workplace technology [...]
The Cases You Need to Know About: Groundbreaking wrongful dismissal decisions in 2016/2017
July 27, 2017 Wrongful dismissal jurisprudence in Canada helps to define the nature of contemporary employment relationships. Consequently, it is crucial for lawyers, employers and employees to stay up-to-date on key developments in [...]
Complex Accommodation Cases: Stress, obesity, allergies and religious practices
July 13th, 2017 In this advanced session, a panel of experts will address the nature and scope of the duty to accommodate under human rights legislation in relation to four complex areas: stress, [...]
Tipping the Scale: What factors will arbitrators take into account when assessing discipline?
June 20, 2017 Canadian arbitrators have the jurisdiction to review discipline imposed on unionized employees and to substitute lesser penalties where it is just and reasonable to do so. In exercising this jurisdiction, [...]
Personality Disorders in the Workplace: Counselling, accommodation and other interventions
August 22, 2017 While personality disorders have not received the same attention in arbitration and human rights decisions as other mental conditions such as depression or anxiety, they can profoundly affect an individual’s [...]
Staying on the Right Side: Navigating ethical issues in negotiation and settlement
July 1, 2017 Using scenarios drawn from real-life situations, experienced labour and employment lawyers will provide guidance on a range of ethical issues that arise in negotiation and settlement, including: Does the [...]
Job Re-Design: When does accommodation result in undue hardship?
May 9, 2017 The obligation to accommodate employees with disabilities to the point of undue hardship may require an employer to modify job duties, bundle tasks or transfer an employee who is no [...]
It’s About Time! Drafting collective agreement language on scheduling, hours of work, and overtime
May 4, 2017 In recent rounds of negotiations in the Canadian retail sector, scheduling and minimum guaranteed hours of work for part-time employees were key issues. Meanwhile, excessive overtime has been implicated in [...]
Responding to Employees in Distress: Suicide, self-harm, and PTSD
April 25, 2017 Given that adults spend most of their lives at work, managers, union representatives and co-workers are in a particularly good position to observe changes in behaviour or hear comments that [...]
Managing Attendance at Work: Accommodating employees, respecting rights, curbing abuse
April 11, 2017 Attendance management programs have become increasingly common in workplaces across Canada, yet they remain contentious and are often the subject of litigation. In this session, experienced labour lawyers will identify [...]
Discipline or Accommodation? Responding to alcohol- and drug-related misconduct
March 30, 2017 Employers and unions face a myriad of challenges when an employee engages in workplace misconduct that may be attributable to a substance use disorder. Given the obligation under human rights [...]
Management vs. Bullying: Where’s the dividing line?
March 9, 2017 While legal definitions of harassment commonly state that reasonable action relating to the management and direction of employees does not amount to harassment, knowing when behaviour crosses the line, and [...]
Prescriptions for Obtaining Medical Information: Practical tips from practicing lawyers and physicians
March 2, 2017 In this session, experienced lawyers and physicians will share insights on effective ways of getting the medical information you are entitled to and need in your capacity as an employer [...]
LTD Claims from Start to Finish: Gathering medical information, exploring accommodation, and facilitating return to work
February 16, 2017 Employers, unions, and employees all have an interest in ensuring that long-term disability (LTD) benefits are properly administered within a workplace. However, the LTD claims process can be complex and [...]
Under Pressure: Dealing with stress, overload, and burnout in the workplace
February 7, 2017 According to a 2010 Statistics Canada survey, 27% of Canadian workers described their day-to-day lives as highly stressful. In a 2015 survey of Canadian workplaces conducted by Morneau Shepell, 30% [...]
Current and Critical: The top human rights and labour law cases of 2016
January 26, 2017 Seasoned counsel will review the year's most important cases and explain how they will affect you in the coming year. Our experts will also flag significant litigation on the horizon. Final selection [...]
1st Annual Labour Board Update: A cross-Canada review of key cases and trends
January 24, 2017 Discussion of arbitration decisions tends to dominate many continuing education events for labour relations professionals, but knowledge of recent labour board decisions is essential for anyone who needs to be [...]