2021 in Employment Law: Critical decisions that will affect your practice
December 19, 2021 2021 was a notable year in employment law, with courts having to address perennially vexing issues as well as novel challenges created by the COVID-19 pandemic. In this webinar, leading [...]
Investigating with Integrity: Professionalism in conducting workplace investigations
November 25, 2021 Legal professionals, human resources specialists, and management personnel are increasingly called upon to assist organizations in carrying out a workplace investigation. Investigations frequently involve complex and sensitive matters: allegations of [...]
Crossing the Line? Distinguishing between legitimate management, harassment, and borderline behaviours
November 9, 2021 While some instances of harassment and bullying are easy to recognize, many workplace behaviours are more ambiguous. Workplace parties must be prepared to distinguish harassment and bullying from borderline behaviours [...]
Simmer Down: Cool-headed responses to aggressive behaviour in the workplace
October 7, 2021 While rude, confrontational, and abusive behaviour is not a new challenge for workplace parties, the past year and a half has seen a noticeable uptick in people losing their cool [...]
The ABCs of IMEs Reimagined: Reviewing the basics, exploring collaborative models
October 6, 2021 The use of independent medical examinations (IMEs) in determining appropriate accommodations is highly contentious. Unions and employees may doubt the independence of a physician designated by the employer or whose [...]
Attendance Management during COVID-19 and Beyond: What rules will apply in the hybrid workplace?
September 24, 2021 Experience working during the pandemic, which has seen broad acceptance of remote work as well as increased awareness of the dangers of employees coming to work sick, poses a challenge [...]
Torts Illustrated: A primer on torts arising in the workplace context and the latest developments
September 13, 2021 Labour relations professionals may be unfamiliar with torts — legal wrongs separate and apart from breaches of contract that lead to liability. However, with the recent recognition by Canadian courts [...]
Homing in on Harassment: Developments in remedies, investigations, and judicial review
September 2, 2021 While COVID-19 has profoundly transformed the workplace, harassment has remained an issue of significant concern. Many workplaces have witnessed an increase in the number of incidents and allegations of harassment. [...]
Substance Use and the Workplace: Staying up to date on testing, accommodation, return-to-work conditions, and discharge
August 19, 2021 While substance use is a perennial concern for workplace parties, use of alcohol, cannabis, prescription medications, and illicit substances has increased significantly during the pandemic, as Canadians cope with mental health challenges [...]
Current Issues in Health Care Law: Health and safety, accommodation, discipline for off-duty conduct, privacy, and more
August 5, 2021 Employers, unions, and workers in the health care sector face unique challenges and added complexity given the nature of their work, increased regulatory oversight, and responsibility in caring for others. This [...]
Fumbling through Fables? Examining the role of credibility, reliability, and apology in investigations and arbitrations
July 8, 2021 Employers, investigators, and decision-makers are often required to make determinations about the credibility and reliability of employee statements and testimony as part of their work. But how do decision-makers determine [...]
Bill C-65 Explained: An expert forum on the new federal violence and harassment regulations
June 24, 2021 In the midst of the pandemic, federally regulated employers and the unions representing their employees have been tasked with taking significant new steps to combat workplace harassment and violence. Bill [...]
Desperate Times, Desperate Measures: Is strict discipline necessary to ensure workplace safety during the pandemic?
June 17, 2021 The COVID-19 pandemic has created unique safety concerns for workplaces and new headaches for employers and unions as they put in place measures to reduce the risk of transmission and [...]
The Price of Inaction: Liability for failing to investigate and respond to workplace concerns
June 3, 2021 Recent high-profile investigations at Rideau Hall and the Canadian Museum for Human Rights have served as a stark reminder that, even in the midst of a pandemic, employers and unions [...]
Speaking Out in the Public Interest: Whistleblowing and the scope and limits of employee free speech
May 6, 2021 Research has shown that whistleblowers provide the single most effective means of uncovering wrongdoing that undermines the public interest, but the fear of reprisals and blacklisting deters many from coming [...]
Taking One’s Leave: Determining entitlement to leaves of absence, vacation, and sickness and disability benefits in the time of COVID-19
April 22, 2021 To prevent the spread of COVID-19, workplace parties across Canada have had to adapt their workplaces. In doing so, they have had to balance the employer's need to ensure orderly, [...]
Examining the Exception: Dealing with bad faith allegations of bullying, harassment, and misconduct
April 8, 2021 While most employees and employers raise workplace issues in good faith, complaints procedures and investigation processes are occasionally abused by those with ulterior motives. Employers and unions must be able [...]
Flashpoints in University and College Labour Law: Contract and term appointments, evaluation, discipline, harassment, and more
March 25, 2021 University and college workplaces give rise to many of the same disputes found in other workplaces, but the resolution of such disputes is influenced by the status of universities and [...]
Workplace Privacy Today and Tomorrow: What’s on the horizon for privacy law?
March 11, 2021 The federal government recently introduced the Digital Charter Implementation Act, 2020, which contains the most ambitious changes to Canada's privacy law in decades. In Ontario, the provincial government has taken [...]
Discipline Flashpoints: Benefit fraud, harassment, off-duty misconduct, and other current concerns
March 4, 2021 The questions of whether discipline is warranted and what constitutes an appropriate penalty are perennially contentious issues for workplace parties. These issues are further compounded by the fact that disciplinary [...]
Coping with COVID: Managing stress, burnout, and pandemic fatigue
February 18, 2021 In April 2020, the Canadian Mental Health Association called for immediate action to avoid the potential of an "echo pandemic" of mental health issues resulting from COVID-19. In subsequent months, studies revealing [...]
Public Health and Legal Responses to the Pandemic: What’s behind us, what lies ahead
February 9, 2021 For nearly a year, employers, unions, and workers have struggled with unprecedented challenges presented by the COVID-19 pandemic. Many challenges have been overcome through union-employer collaboration, but, inevitably, disputes have [...]
Live Issues at the Labour Board: What you need to know for 2021
January 28, 2021 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 [...]
Hindsight Is 20/20: Key cases and developments in labour and human rights
January 21, 2021 Seasoned counsel will review the most important labour and human rights decisions from the past year and explain how they will affect you in the coming year. The panel will [...]
