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?