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Overview
The Atlantic Labour Law Conference is the must-attend event for legal practitioners, arbitrators, HR professionals, and labour relations experts in Nova Scotia, Newfoundland and Labrador, New Brunswick, and Prince Edward Island. This conference delivers in-depth analysis of the latest legislative changes, key case law developments, and emerging workplace issues specific to the Atlantic region. Featuring leading speakers from across the provinces, the program offers practical insights into how recent legal decisions are shaping labour relations strategies and compliance in Atlantic Canada. Designed for professionals seeking to stay current in a dynamic legal landscape, the conference also offers valuable opportunities to connect with experts and peers across the region. Strengthen your understanding of Atlantic labour law, refine your approach to workplace challenges, and expand your professional network.
What to Expect
In this conference, leading labour relations, lawyers, and human rights professionals will explore recent labour law developments, policies, and emerging workplace human rights challenges in Atlantic Canada (including content and expert speakers specific to Newfoundland and Labrador, Nova Scotia, PEI, and New Brunswick). Throughout the event, panelists from union-side, employer-side, and neutral perspectives from the Atlantic region will share their insights through moderated discussions. Participants will have the opportunity to ask questions verbally or electronically at the end of each panel. Participants will also be provided with a comprehensive set of digital materials including textbook chapters, case summaries, and other online resources relevant to panel discussions These resources, developed through hours of research by Lancaster House program lawyers, will prove invaluable for future reference.
Who Should Attend?
This event is designed for professionals across multiple industries, including:
- Human Resources Leaders – HR managers, directors, and disability management specialists navigating accommodations and compliance.
- Employment & Labour Lawyers – Legal professionals seeking updates on human rights and workplace accommodation case law.
- Union Representatives & Labour Relations Experts – Advocates ensuring fair treatment of employees in collective bargaining.
- Corporate Executives & Compliance Officers – Business leaders responsible for implementing workplace policies aligned with human rights law.
- Government & Public Sector Professionals – HR and legal representatives working in municipal, provincial, and federal agencies.
Monday, May 25, 2026
Networking Breakfast and Registration: 8:00 – 9:00 am
Introductory Remarks: 9:00 – 9:05 am
Stay up to date on the latest developments in federal and provincial labour law through this comprehensive session exploring key principles and emerging trends in a changing world of work. Panelists and accompanying materials will address topics such as:
Caselaw
- What lessons can be learned from recent cases addressing the legality of government intervention in strike actions? How have decision-makers balanced the competing interests and legal rights at stake?
- What is the status of ongoing legal challenges to the federal government’s use of s. 107 of the Canada Labour Code to intervene in strike actions in the airline, railway, postal, and other sectors?
- When can an employer discipline or dismiss an employee for offensive off-duty conduct including posting abusive messages on social media?
- Will expressing personal or political beliefs at work warrant discipline?
- What factors will carry weight when arbitrators determinewhen whether dismissal is justified for an employee’s dishonesty?
- When will specifying an age “cut-off” for benefits constitute discrimination?
- Is an employer obliged to investigate incidents involving harassment if there is no formal complaint?
- How have arbitrators balanced privacy rights and workplace safety when determining whether substance use testing and policies are appropriate? Is a blanket off-duty ban on cannabis use in safety-sensitive positions likely to be considered reasonable?
- In what circumstances may an employer or supervisor be found criminally liable for a workplace injury?
- Can employees be dismissed for non-compliance with vaccine policies?
Legislation
The session and materials will also cover recent and upcoming changes to legislation in the federal jurisdiction and in Atlantic provinces, such as:
- What new or expanded leaves have been introduced in Atlantic provinces in the past year?
- What steps must workplace parties take to comply with Nova Scotia’s new “duty to cooperate” under occupational health and safety legislation?
- What changes have been introduced through P.E.I.’s new Employment Standards Act?
- What measures have been introduced at a federal and provincial level in response to the trade conflict between Canada and the US?
- Which provinces have recently passed legislation restricting employers’ rights to ask for doctors’ notes in support of short-term sick leave?
- What measures impacting workplaces were proposed in the federal government’s recent “Canada Strong Budget 2025”? What amendments have recently been made to the Canada Labour Code?
- How far does recent Quebec legislation expand government authority to restrict or end lawful strikes and lockouts and refer labour disputes to interest arbitration?
- Are other provinces likely to follow the lead of Alberta and Quebec in introducing legislation restricting the use of union dues for non-core union activities?
- What new limits have been introduced in Alberta with respect to the authority of regulatory bodies to discipline professionals for off-duty speech or to impose EDI training?
Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy topics in a shifting legal landscape.
Break: 10:20 – 10:35 am
Six years after the onset of the COVID-19 pandemic, employers and unions continue to grapple with issues related to remote, hybrid, and in-person work. In this session, experts will provide insight into issues currently arising fromemployees return to the office. Specifically, the following questions will be addressed:
- As a matter of law, do employers have the unfettered right to require employees to return to in-person work on a schedule determined by the employer? If there are limits on that right, what are they? How do workplace policies and collective agreement language affect the matter?
- When will an employee be allowed to work from home as a form of health-related accommodation? Does an employee’s susceptibility to contracting an illness in the workplace warrant accommodation?
- a) In what circumstances have decision-makers found that employees should be permitted to work from home, on a full-time or part-time basis, in order to accommodate obligations related to family status, such as childcare or eldercare responsibilities?
- b) What kinds of information can employers require to support a request related to family status? How can employers and unions distinguish an employee’s personal preferences from legitimate accommodation needs?
- What flexible working options other than remote or hybrid work can be considered? Can these options help reduce increased absenteeism or presenteeism due to a return to the office?
- What aspects of remote, hybrid, or flexible work arrangements have been specifically addressed in workplace policies or collective agreement provisions?
Networking Lunch: 11:35 – 12:30 pm
Ignoring workplace discrimination, harassment, psychological harm, and toxic cultures can be extremely costly financially, legally, and for employee wellbeing. This session will examine legal and practical approaches for prevention, policy development, investigations, and discipline. Specifically, panelists will address:
- How do occupational health and safety requirements related to workplace harassment differ across Atlantic provinces? Across Canada? What does Nova Scotia’s new Stronger Workplaces for Nova Scotia Act require?
- What must be included in a harassment prevention policy?
- What tests and standards do adjudicators apply when determining whether discrimination, harassment, or workplace-related psychological harm has occurred? What factors do arbitrators consider, including power imbalances, workplace culture, the severity of psychological harm, and the impact on affected employees? When might a single incident justify dismissal?
- How have recent decisions shaped employers’ duties to investigate allegations of discrimination, harassment, psychological harm, and other alleged toxic workplace behaviours? What triggers an employer’s responsibility to act, even without a formal complaint?
- What steps should employers take to proactively recognize and address signs of a potentially toxic workplace culture?
- What steps should employers and unions take when discrimination or harassment occurs between employees? Between an employee and a manager?
- How should employers and unions address discrimination, harassment, and psychological harm in remote and hybrid workplaces?
- When does off-duty conduct fall within the employer’s authority under human rights legislation? Occupational health and safety legislation? Collective agreements and disciplinary policies?
- What trends are emerging in damage awards for discrimination, harassment, failure to accommodate, reprisal, psychological harm, and toxic workplace claims?
Break: 1:45 – 2:00 pm
Investigating allegations in the workplace requires a compliance with best practices and keeping up with recent caselaw. In this panel, experts will offer insights into conducting or overseeing fair and appropriate workplace investigations. Specifically, panelists will address:
- What guidance can be gleaned from recent caselaw on the requirements of a fair and appropriate workplace investigation and procedural flaws to be avoided during an investigation?
- In what circumstances is hiring an external investigator to be preferred over an internal investigation? How can the parties strike a balance between thoroughness and urgency during investigations?
- Must an employer investigate allegations even in the absence of a formal complaint? How should anonymous complaints be investigated?
- What risks arise from failing to investigate an allegation? In what situations have damages been awarded for an employer’s failure to investigate?
- What are best practices for interviewing complainants, respondents, and witnesses in a trauma-informed manner?
- What information can be shared with a complainant or respondent once an investigation is complete? How should employers communicate investigation results to complainants? What entitlement do the parties have to a copy of the investigator’s report or notes? What right do the parties have to respond?
- What comes next after a workplace investigation? What does an effective workplace restoration process entail?
Break: 3:15 – 3:30 pm
Workplace dynamics are shifting as organizations navigate increasing concerns about incivility, intergenerational tensions, and evolving expectations around respectful conduct. In this fireside chat, Sally Wells will explore how aging workforces and changing workplace norms are reshaping conversations about respect, communication, and accountability. Attendees will gain practical insights into recognizing and addressing incivility while fostering healthier, more respectful workplace cultures.
Tuesday, May 26, 2026
Networking Breakfast and Registration: 8:00 – 9:00 am
Opening remarks: 9:00 – 9:05 am
As the country navigates turbulent sociopolitical and economic times, it is critical for employers and unions to understand legal principles and best practices regarding workplace restructuring. In this session, panelists will address key considerations for organizations facing economic strain, including:
- What options, short of large-scale restructuring, are available to employers and unions seeking to mitigate economic pressures?
- When is it lawful for an employer to “outsource” work? What factors will an arbitrator consider in determining whether outsourcing constitutes a genuine “contracting out” or an impermissible “contracting in”?
- Can employers reassign duties to supervisors or employees outside the bargaining unit as part of restructuring?
- Will a unilateral reduction in an employee’s working hours or changes to an employee’s shift time, position, job classification, or job location constitute a layoff? Can management unilaterally schedule vacations to achieve a temporary shutdown without engaging layoff provisions?
- How does collective agreement language impact the order in which employees must be laid off and their recall and bumping rights?
- When will a “layoff” in fact amount to a termination? How do employees’ entitlements on termination change when they are let go as part of a large-scale restructuring?
- Must employers consult with unions when considering workplace restructuring or disclose plans to restructure during collective bargaining?
- What steps should be taken to preserve the morale, health, and safety of employees following a workplace reorganization?
- What legislative changes and government programs have recently been introduced to avoid or cushion the impact of large-scale downsizing or loss of employment through restructuring?
- What measures have parties negotiated in collective agreements toaddress the possibility of future workplace reorganizations?
Break: 10:20 – 10:35 am
Neurodiversity and mental health are playing an increasingly prominent role in discussions on workplace accommodation, human rights, and equity obligations. For employers and unions, these matters raise complex legal and practical questions about risk management and appropriate day-to-day workplace responses. Through moderated discussions and practical examples, speakers will unpack key questions, including:
- How are legal and human rights obligations evolving around mental health, neurodivergence, stress, and burnout?
- What indicators have adjudicators found sufficient to trigger a duty to accommodate and how have employers reasonably been expected to respond?
- When is a ‘duty to inquire’ triggered? What steps are employers expected to take to identify and address risks before they escalate?
- When do recruitment and onboarding processes unintentionally exclude certain candidates, and what practical improvements can be made without compromising operational needs?
- What limits have courts and tribunals placed on medical information requests, and when have formal assessments been found a) necessary b) excessive?
- How should employers evaluate accommodation requests related to remote work? What medical information can be obtained?
- What guidance does recent case law provide regarding the threshold at which absenteeism exceeds reasonable accommodation and constitutes undue hardship?
Networking Lunch: 11:50 – 12:50 pm
Employers and unions can choose between various strategies to efficiently and effectively resolve disputes. In this panel, speakers will explore these strategies and look forward to how they may evolve in the coming years. Specifically, the panel will address:
- Does the growing “judicialization” of arbitration undermine its unique advantages or is it necessary to ensure procedural protections for parties?
- What options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives? Are any of these alternatives gaining popularity?
- How is artificial intelligence (“AI”) being used to prepare for mediation, arbitration, or other events? How will the use of AI develop going forward?
- What are the advantages and disadvantages of virtual mediation, mediation-arbitration, or arbitration? Will virtual formats become the default option?
- What factors should be considered when selecting a third party neutral?
Break: 2:05 – 2:20 pm
Paula Schumph
General Counsel
Newfoundland & Labrador Association of Public & Private Employees (NAPE)
This interactive session will provide employers and unions with the best available insights into privacy, AI-driven management decisions, monitoring and surveillance tools, and employee social media use. Experienced management and union counsel will join an arbitrator to examine hypothetical scenarios, exploring legal principles and best practices when addressing privacy and the use of modern technologies both at work and off-duty.
Specific issues to be addressed include:
- In what circumstances can an employer dismiss an employee for inappropriate social media posts? Where is the line drawn between free speech and offensive speech justifying discipline?
- What arguments have arbitrators accepted or rejected regarding the use of employee surveillance and monitoring tools? How have arbitrators resolved conflicts between an employer’s interest in ensuring productivity through such tools and employees’ right to privacy?
- What is the current role of AI-driven tools in management decision-making, and how is that role expected to evolve in the future?
- What privacy and human rights concerns arise when an employer uses AI to assess candidates’ suitability for positions?
- What arguments for and against the use of algorithmic management will arbitrators find most compelling?
- How should employers and unions address AI, privacy, and human rights in collective agreements?
Closing remarks: 3:45 pm
Food and Beverages
Breakfast and lunch to be provided, with a variety of snacks and refreshments available during breaks. Breakfast is provided prior to the workshop and will be available starting at 8:00 am. Please share any dietary requirements at the time of registration so we can best accommodate your needs.
Pricing
Atlantic Labour Law Conference – Both Days
$1,455.00Add to cart
Atlantic Labour Law Conference – Day 1
$1,045.00Add to cart
Atlantic Labour Law Conference – Day 2
$1,045.00Add to cart
Attendees can also register for a skills training workshop offered by our Centre for Labour Relations Training & Development, taking place the day after the conference. The workshop includes panel discussions and hands-on scenarios addressing real labour relations challenges and is designed to complement the Atlantic Labour Law Conference. The conference and workshop may be attended separately or as a bundled registration:
Atlantic Labour Law Conference & Workshop – Bundle (Conference + Workshop)
$2,095.00Add to cart
Conference Co-Chairs
Chantelle MacDonald Newhook, KC
Arbitrator, Mediator and Investigator
Dispute Winners
Vice-Chair
Newfoundland and Labrador Labour Relations Board
Advisory Committee
CPD