Mental Health in the Legal Workplace: An essential guide for lawyers and paralegals
December 12, 2019 Rates of depression in the legal profession are more than three times those found in the general population, and recent estimates suggest more than 20 percent of lawyers are affected [...]
Wrongful Dismissal Roundup: The year in review
December 5, 2019 Leading counsel will review the past year's most significant wrongful dismissal decisions and explain how they will affect you in the coming year. The panel will also flag significant ongoing [...]
“Good Fit,” Bad Decision? When is hiring, firing, or promoting for suitability unlawful?
November 26, 2019 Hiring and promoting employees who seem like a good "fit" for the culture of the workplace is a common practice, but it is a process fraught with the potential for [...]
Accommodating Poorly Understood Medical Conditions: A guide for employers and unions
November 11, 2019 Although they are relatively common, medical conditions such as chronic fatigue syndrome, fibromyalgia, and environmental sensitivities present difficulties for workplace parties in the accommodation process. Employers and unions are often [...]
Stoned Age: Preparing the workplace for cannabis edibles
November 5, 2019 For the past year, it has been legal for Canadians to smoke cannabis recreationally, but legal cannabis edibles, extracts, lotions, and balms will not hit the shelves until mid-December. Will [...]
Coping with Crisis: Responding to mental health emergencies in the workplace
October 24, 2019 Being prepared to respond to workplace mental health emergencies is just as important as being prepared to respond to sudden injuries or acute episodes of physical ill health. In this [...]
What’s Religious, What’s Cultural, What’s Personal Preference? Determining what’s protected by human rights legislation
October 8, 2019 A recent human rights complaint brought by a firefighter alleging that he suffered discrimination based on his creed when he was not provided vegan meals has stirred debate around the [...]
Workplace Privacy in a Digital Age: Foundational cases and recent developments
October 3 , 2019 In recent years, rapid technological developments and the prevalence of social media have blurred the boundary between public and private data and communications. As technology continues to evolve, workplace parties [...]
Promoting Wellness, Managing Attendance: What is the scope? What are the limits?
September 26, 2019 Lunchtime yoga sessions, nutrition classes, and fitness challenges are only a few of the many examples of wellness initiatives that workplace parties are embracing in an effort to improve worker [...]
Performance Management Pitfalls: Legal issues in employee evaluations
September 19, 2019 Performance management is a useful tool that can enhance communication between employers and employees, promote workplace accountability and employee engagement, and help clarify organizational goals and expectations. Yet if conducted [...]
Disability and Accommodation: Foundational cases and recent developments
September 10, 2019 Decisions by arbitrators, courts, and tribunals on the duty to accommodate employees are legion – and their number increases every day – but familiarity with the foundational cases and key [...]
Fair or Foul: Do employees have an enforceable right to fairness at work?
August 22, 2019 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 [...]
Who Judges the Judges? Ensuring arbitrator impartiality, dealing with bias, and seeking judicial review
August 13, 2019 Impartiality is the foundation of the arbitration process. But while arbitrators are expected to maintain objectivity in assessing evidence and rendering decisions, they nevertheless have the potential to be affected [...]
Nosy or Necessary? Balancing requests for medical information and privacy
July 25, 2019 Health-related issues in the workplace often prompt employer or union requests for medical information, especially in the context of disability accommodation and attendance management. Such requests necessarily involve striking a [...]
Discipline in Disguise? Drawing the line between valid discipline and retaliation
July 11, 2019 For an aggrieved employee, every adverse management action can be perceived as an act of reprisal or "payback," but can seemingly innocuous management functions such as scheduling, work assignments, and performance management [...]
On or Off the Hook: Dealing effectively with insurance claim denials and employer liability issues
June 20, 2019 Employers and unions routinely negotiate a range of insured benefits for employees, from coverage for prescription medications and paramedical services to disability and life insurance. Appealing denials of claims for [...]
After #MeToo, Now What? Victims’ rights, procedural fairness, and reputational risk
June 6, 2019 In the wake of the #MeToo movement, complaints of workplace harassment have continued to rise in number while generating unwanted publicity for businesses and other organizations. In this climate, when [...]
Chronic Mental Stress Claims: Examining the current response of arbitrators, courts, and workers’ compensation boards
May 28, 2019 With chronic or gradual onset stress increasingly being recognized as a compensable workplace injury by workers' compensation boards across the country, employees with such conditions are turning to that system [...]
Family Matters: The latest word on family status obligations
May 14, 2019 While work obligations often interfere with family time, not every such interference engages human rights protections. However, since the law on family status discrimination remains unsettled, with different tests being adopted in [...]
It’s Not Me; It’s You: Distinguishing harassment from personality conflicts at work
May 2, 2019 Can't we all just get along? In some cases, the answer is "no." While workers aren't expected to be friends with every one of their colleagues, they are expected to [...]
Substance Use Disorders: Recognition and accommodation in the era of legalized cannabis
April 25, 2019 The legalization of recreational cannabis use has prompted employers across Canada to review the way they deal with substance use that affects – or may affect – the workplace. However, [...]
Piecing Together the Puzzle: When do employment standards apply instead of collective agreement benefits (and vice-versa)?
April 11, 2019 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 [...]
Testing, Testing, 1, 2, 3: An update on post-incident, reasonable cause, and random drug and alcohol testing
March 07, 2019 The legalization of recreational cannabis has brought new attention to the dangers of workplace impairment, and with it a greater interest in workplace drug and alcohol testing. This increased interest [...]
The New 9 to 5: Flexible work arrangements in the 21st century
February 28, 2019 Flexible work arrangements such as telecommuting, compressed workweeks, and modified hours are a valuable recruitment and retention tool for workers who appreciate having some autonomy over when and where they work, and [...]
Waking Up to a Workplace Hazard: Addressing fatigue and employee health
February 14, 2019 Investigators recently warned that pilot fatigue was a factor in a "near miss" incident in San Francisco that could have resulted in the "worst aviation accident in history." Yet, fatigue remains an [...]
Discipline Hot Spots: Off-duty conduct, surveillance, violence, and more
February 5, 2019 In recent years, prompted largely by the rise of social media and advanced technology, employers have initiated disciplinary measures in novel circumstances. In this audio conference, experienced counsel will explore leading cases [...]
Big Issues in Fine Print: Non-compete, non-solicitation, and mandatory arbitration clauses in employment contracts
February 28, 2019 While non-compete, non-solicitation, and mandatory arbitration clauses are common features of employment agreements, issues regarding their enforcement are typically subject to dispute. In this audio conference, experienced counsel will provide [...]
2018 in Review: Key cases in labour and human rights
January 22, 2019 Leading labour lawyers will review the most important recent decisions from courts, arbitrators, and tribunals, and explain how they will affect you in the coming year. The panel will also [...]
