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Behavioural and technology-related addictions, from online gambling to excessive pornography use, are pushing the limits of traditional policies and unsettled laws. As caselaw develops, employers and unions are facing tough questions about evolving human rights obligations and workplace accountability. Panelists will explore:

  • Do employees with gambling, technology, or pornography addictions have legal protection in the workplace? Must the addiction be formally diagnosed?
  • How should employers assess credibility and evidence when addiction by an employee as a defence is raised only after misconduct has occurred?
  • What steps must employers take if they merely suspect an employee has an addiction?
  • What are employer accommodation obligations when an addiction is behavioural or technology-related?
  • Which monitoring mechanisms for technology or inappropriate online activity have been found to violate privacy rights?
  • What disciplinary measures have been applied when addictions lead to misconduct such as time theft, misuse of employer equipment, or financial improprieties? Are there differences in how courts and arbitrators treat behavioural versus substance-related addictions in the workplace?
  • How have employers and unions address addiction in workplace policies and collective agreements?

Moderator

Nick E. Milanovic

Arbitrator/Mediator
Professor Carleton University

Speakers

Rita De Fazio

Union counsel
Ursel Phillips Fellows Hopkinson LLP

Justina Sebastiampillai

Employer Counsel
Stikeman Elliott

Accreditation

Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.

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