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Moderators

Keith Burkhardt

Employer Counsel
Sherrard Kuzz

Jessica Greenwood

Union Counsel
Ravenlaw

Speakers

Odessa O’Dell

Employer Counsel
Borden Ladner Gervais

Wally Fiander

Executive Staff Officer – Member Services
Nova Scotia Teachers Union

In this instalment of Lancaster’s Workplace Essentials webinar series, expert panelists will examine recent caselaw and key principles relating to progressive discipline. Topics to be addressed include:

  • What is the distinction between job coaching and training, performance management, and discipline? When may non-disciplinary approaches be appropriate to improve employee behaviour?
  • Is it necessary to apply a “progressive” approach to discipline in all cases? When are employers justified in imposing more serious consequences at first instance?
  • Can the progressive discipline process be “bypassed” by relying on language to that effect in a contract, collective agreement, or policy? For example:
    • Where a “penalty provision” stipulates a severe consequence for a specific type of workplace misconduct?
    • Where the employer has a “zero tolerance” policy in place?
    • Where there is a “last chance” agreement in place?
  • What is the doctrine of “culminating incident”? When may an employer rely on earlier misconduct by an employee in support of more serious disciplinary consequences for subsequent misdeeds? How may a “sunset clause” impact this analysis?
  • What consequences can flow from a court’s or arbitrator’s finding that an employer improperly failed to apply a progressive approach to discipline?
  • How can employers and unions collaborate to develop progressive discipline processes that are both fair and effective in deterring employee misconduct?

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.
  • This program has been approved by the Law Society of Saskatchewan 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 Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers’ Society 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 – Single Attendee

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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