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Moderator

Rishi Bandhu

Vice-Chair
Ontario Labour Relations Board (OLRB)

Speakers

Gabriel Joshee-Arnal

Employer Counsel
Neuman Thompson

Heather L. Robertson

Union Counsel
Gerrand Rath Johnson

In this installment of Lancaster’s Workplace Essentials webinar series, expert panelists will provide attendees with a comprehensive introduction to the types of remedies parties can seek for breach of the collective agreement and the appropriate circumstances under which to seek such remedies.

The webinar will address such questions as:

  • What is the difference between a “declaration” and a “quia timet” or compliance order?
  • How will an arbitrator quantify damages for losses suffered due to breach of the collective agreement? What is the “make-whole” principle?
  • When can an employer award pay damages in lieu of reinstatement?
  • What are “non-monetary losses”? When will an arbitrator award damages for such losses?
  • Where a breach of the collective agreement may also amount to a tort or a breach of employment-related legislation, do arbitrators have jurisdiction to address these additional causes of action?
  • What are “general”, “aggravated”, and “punitive” damages? What are “damages for mental distress”? Are these types of damages available for breach of the collective agreement and, if so, in what circumstances will they be awarded?
  • When may damages “to the union at large” be awarded?
  • What is the “duty to mitigate” and when does it apply? When does it not apply? How might a party’s failure to mitigate impact the award of damages?
  • What test will an arbitrator apply when determining if and when to award interim relief, i.e. relief that is granted prior to a hearing on the merits?
  • Can arbitrators award additional items such as interest, compensation for tax consequences, or costs? If so, when?

Accreditation

CPD Alberta
This program has been approved for Continuing Professional Development 1.5 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
CPD BC and Yukon
This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.
CPD Alberta
This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

CPD

  • This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.
  • Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.

REGISTRATION INFORMATION

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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