Staying on the Right Side: Disentangling the overlapping roles of lawyers and HR professionals
December 13, 2018 Provincial and territorial laws across the country prohibit the unauthorized practice of law, and the Model Code of the Federation of Law Societies of Canada, which forms the basis of [...]
It’s Legal, Now What? Practical advice on cannabis impairment, fitness for duty and safety concerns
November 29, 2018 Ready or not, legalized cannabis is here. While there's no shortage of news reports detailing the countless new government regulations that have been passed and the potential wide-ranging impacts of [...]
It Just Isn’t Working: The rules on dismissal for incompetence and incapacity
November 27, 2018 As with many other relationships, parties entering into an employment agreement start off with high hopes that they've found the right fit and will make a good match. However, when [...]
Attendance Management: Addressing absenteeism, accommodating disabilities
November 15, 2018 Attendance management programs are frequently used by employers to address excessive absenteeism, yet such programs remain contentious and must be properly designed and administered to ensure compliance with human rights, employment [...]
More Like Sherlock, Less Like Clouseau: Essential guidance on disciplinary investigations
November 6, 2018 While our favourite television detectives can solve a crime in under an hour, they tend to ignore procedural safeguards that ensure a fair and confidential process. Conversely, workplace parties can't afford to [...]
Accommodating Employees with Depression: The latest research and caselaw
October 23, 2018 Despite its prevalence, employers, unions, and co-workers are often at a loss to help employees with depression. Employees experiencing depression may be hesitant to seek help because of the stigma [...]
Privacy Hot Spots: Top recent cases on drug testing, surveillance, medical records, and personal information
October 23, 2018 Privacy issues permeate the workplace, and often present a clash between employees' interests in a sphere of privacy and autonomy, and employers' need for information for legitimate business reasons. This session will [...]
Taking the Bully by the Horns: When is it bullying? When is it management?
October 2, 2018 There is a saying that people don't leave jobs, they leave managers. Whether it's because of perceived bullying by supervisors or a lack of support in dealing with harassment from [...]
What You Don’t Know Can Hurt You: When does the law impose a “duty to inquire” about disability?
September 27, 2018 Arbitrators and other adjudicators have consistently held that an employer has a "duty to inquire" into an employee's health and possible need for accommodation if an employee displays unusual behaviour [...]
Defining Sexual Harassment in the #MeToo Era: Addressing borderline cases
September 20, 2018 Sexual harassment in the age of the #MeToo movement has put the workplace under the microscope. While some conduct clearly crosses the line, there are many other cases that fall [...]
Leading Cases on Discharge and Discipline: Mastering the key principles, foundational cases, and current issues
September 18, 2018 This essential session will explore the seminal cases and fundamental principles that shape the disciplinary process in unionized workplaces, and discuss how they are being applied by arbitrators today. Join [...]
Reefer Reality: Experts discuss burning questions about legalized cannabis
September 13, 2018 With cannabis legalization set to come into effect on October 17, employers and unions are preparing to respond to the challenges posed by the increased availability and consumption of what [...]
The Latest on Disability-Related Misconduct’, ‘What’s changed since the Supreme Court’s decision in Elk Valley?
August 21, 2018 The Supreme Court of Canada's decision in Stewart v. Elk Valley Coal Corporation, in which the majority upheld the dismissal of an employee who failed to disclose his addiction prior [...]
Chronic Pain: Medical and legal experts demystify the issues
August 16, 2018 With an estimated 1 in 5 Canadians suffering from some type of chronic pain, the condition is so prevalent that it cannot be ignored by workplace parties. Given the subjective [...]
The Latest Word on Last Chance Agreements: How to draft them, when to use them, and whether arbitrators will enforce them
July 26, 2018 Last chance agreements (LCAs) are often used when an employee has been, or is about to be discharged for reasons related to attendance or a substance use disorder. While arbitrators [...]
Indigenous Traditions: Understanding spiritual practices and approaches to dispute resolution
July 12, 2018 The work of the Truth and Reconciliation Commission and debates around the National Inquiry into Missing and Murdered Indigenous Women and Girls highlight the importance of rethinking the ways in [...]
At the Breaking Point: The growing problem of workplace stress and burnout, and what to do about it
July 12, 2018 Stress, like other workplace hazards, can adversely affect employees' health, making them more susceptible to both physical and mental illnesses; it can also cause employees to become dissatisfied and quit [...]
Dealing with Difficult People: Bullying bosses, sensitive employees, and other challenging personalities
May 31, 2018 Employers and unions alike accept that there is a high cost to low morale – that friction among co-workers lowers productivity – and recognize that the potential legal liability for [...]
Down and Out or Up and About? What’s considered permissible activity on sick leave
May 15, 2018 In the minds of many, an employee taking a sick day or on sick leave is in bed surrounded by piles of tissues or possibly trying to rest despite great [...]
Workplace Sexual Harassment: Encouraging reporting, developing a responsive process, changing the culture
May 3, 2018 The #MeToo movement and recent high profile events, such as the RCMP's historic apology and compensation to female officers, have raised societal consciousness about the pervasiveness of sexual harassment in [...]
Medical Notes, Specialist Reports and IMEs: Employee privacy vs. the employer’s right to know
April 19, 2018 Medical issues frequently arise in the workplace that lead to employer requests for medical information, such as fulfilling the duty to accommodate, determining eligibility for benefits, and managing workplace attendance. [...]
Working and Managing in a Unionized Environment: The basics
April 12, 2018 The rules for working and managing in a unionized workplace are very different from those that apply to non-union workplaces. Managers and supervisors new to unionized work environments as well [...]
You Can’t Say That at Work! Charting a course through harassment, insubordination, defamation and free speech
March 27, 2018 In the wake of numerous allegations of sexual harassment made against high-profile men, workplace behaviour, including speech, has become the subject of intense scrutiny. While certain types of comments or [...]
Work/Life Juggling Act: An update on the developing law of family status accommodation
March 1, 2018 For many Canadian workers in the "sandwich generation", squeezed between the demands of caring for both their children and their elderly parents, the need for workplace family status accommodation is [...]
Mastering the Essentials: Accommodating mental and physical disabilities
February 15, 2018 The extensive caselaw generated by courts, arbitrators and human rights tribunals on the topic of workplace disability accommodation demonstrates that parties frequently disagree on relatively straightforward matters such as obtaining [...]
Bill 148: Practical pointers on implementing Ontario’s new employment standards
February 8, 2018 Bill 148, also known as the Fair Workplaces, Better Jobs Act, 2017, made the most significant changes to the Employment Standards Act (ESA) in decades. Many of those changes took [...]
From Hiring to Firing: Recent wrongful dismissal cases you need to know about
February 6, 2018 In this session, seasoned counsel will review the most important recent wrongful dismissal decisions and explain their implications for workplace parties. They will also flag significant litigation on the horizon. Final selection [...]
Current and Critical: The most important labour law and human rights decisions of 2017
January 25, 2018 In this session, leading labour lawyers will explain how the most important workplace human rights and labour decisions from 2017 will affect you in the coming year and flag significant [...]