Taking place in: Ottawa, ON
Overview
The Labour Law Conference is the go-to event for labour relations and HR professionals, legal practitioners, and arbitrators, investigators, and mediators. Focusing on the latest developments in federal sector and labour relations, this conference offers practical discussions on recent key cases, legislative updates, and workplace challenges shaping today’s labour environment. Participants will explore how current legal decisions impact labour relations strategies and workplace compliance. Designed for professionals looking to stay ahead in a rapidly changing field, the event also provides valuable networking opportunities with leading voices in law, government, and labour relations. Deepen your understanding of Canadian labour law, sharpen your approach to workplace issues, and build connections that matter.
Attendees also have the option to attend our featured workshop offered by our Centre for Labour Relations Training & Development, taking place the day after the conference at the same venue.
What to Expect
In this conference, leading labour relations professionals and subject matter experts will explore recent legal developments and emerging workplace challenges.
Throughout the event, panelists from union-side, employer-side, and neutral perspectives 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. These resources, developed through hours of research by Lancaster House program lawyers, will prove invaluable for future reference.
Who Should Attend?
This conference will provide invaluable learning and networking opportunities for:
- Human Resources (HR) Managers and Directors – Stay informed on the latest developments and best practices in the world of labour relations.
- Industrial Relations Specialists – Navigate the complexities of emerging workplace issues in unionized environments.
- Executives and Business Leaders – Learn how to weather the current economic forecast and strategically address the latest workplace challenges.
- Union Officers and Representatives – Advocate effectively for workers’ rights with respect to new technologies, return-to-office mandates, and more.
- Labour and Employment Lawyers/Consultants – Stay informed on the latest developments and hear from top voices on complex workplace issues.
Learning Outcomes
By attending, you will:
- Gain a comprehensive understanding of recent cases and legislative changes impacting the world of labour relations.
- Receive a comprehensive materials package summarizing key recent practical tips, caselaw, legislation and resources
- Engage with leading experts through interactive Q+A periods, enhancing your professional practice.
- Network with peers across industries, fostering collaborative approaches to labour relations challenges.
Skills Training Workshop
Fissures and Fractures in the Workplace: Defusing interpersonal conflicts and restoring collegial relations
This practical skills-training workshop will equip attendees with strategies to identify, address, and diffuse interpersonal tensions before they escalate and after they have already escalated through multiple scenario-based discussions. Attendees will discuss the following topics with our Lancaster panel of experts working with them in small group-based discussions:
- What does recent caselaw suggest about the line between safeguarding free speech at work and an employer’s duty to ensure a safe work environment? Can employees express political, religious, or controversial opinions in the workplace? When will an employee be subject to discipline for such statements?
- At what point must an employer intervene where employees are in conflict due to differing beliefs or opinions? What is the role of the union in responding to these conflicts?
- Can employees be disciplined for statements made when interacting with other employees outside of the workplace?
- When do interpersonal conflicts rise to the level of bullying or harassment? Do employers have a legal obligation to address incivility or personal conflict that does not rise to this level?
- What organizational factors contribute to a higher incidence of workplace conflict? How should employers and unions identify whether those factors are present and what steps should be taken to improve the environment?
- With many workplaces moving to a hybrid or remote model, how can parties address workplace conflict in situations that may be more difficult to monitor, such as online chats?
- What factors must be considered when dealing with conflict between an employee and supervisor, as opposed to a conflict between two employees? What is the role of the union when conflict arises between employees who are union members?
- When is it appropriate to consider moving an employee to a different department or location rather than attempting to resolve the issues in the current environment?
- What role can mediation play in diffusing conflicts? How should employers and unions effectively prepare for mediation?
- What are key components of an effective conflict management policy? What alternative dispute resolution practices may be incorporated? Which key employees should be coached on communication, verbal de-escalation, or other conflict management techniques? What early intervention steps should be taken when conflict arises?
- What role can a trauma-informed approach play in addressing workplace conflict? How can such an approach aid employers and unions in understanding why conflict has developed and how to effectively respond?
- To what degree will the fact that the impugned conflict was in keeping with the workplace culture, or “condoned” by the employer, impact an arbitrator’s or adjudicator’s assessment as to discipline or liability? Have changing attitudes towards workplace culture and mental health impacted the analysis?
Click here to learn more about the associated Skills Training Workshop sold separately or with conference bundle options available.
Tuesday, October 6, 2026
Breakfast: 8:00 – 9:00 am
Introductory Remarks: 9:00 – 9:05 am
In this session, panelists will delve into recent significant developments in federal and provincial labour law, exploring key principles and emerging trends in a changing world of work. Panelists and accompanying materials will address the following:
Caselaw and Ongoing Legal Challenges
- Collective Bargaining, the Right to Strike, and Freedom of Association:
- 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 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?
- How will the recent advisory opinion from the International Court of Justice affirming that the right to strike is protected under the Freedom of Association and Protection of the Right to Organise Convention (No. 87), an international treaty ratified by Canada, impact future government action and court decisions?
- Discipline and Discharge:
- When can an employer discipline or dismiss an employee for offensive off-duty conduct, such as making controversial or inappropriate posts on social media?
- Will expressing personal or political beliefs at work warrant discipline?
- Will lying on a resume or job application always amount to just cause for termination of employment?
- Can employees be dismissed for non-compliance with vaccine policies?
- How have recent decisions balanced employer operational and privacy concerns with accommodation obligations when remote work is requested or imposed?
- Discrimination, Harassment, and Accommodation:
- When will workplace gossip rise to the level of harassment?
- How have arbitral approaches to assessing discipline and damages for harassment, discrimination, and violence at work changed in recent years?
- If an employee is harassed or discriminated against in the workplace, must the employer guarantee that the employee will never encounter the perpetrator thereafter in the workplace to satisfy the duty to accommodate?
- When will a policy restricting certain individuals with disabilities from applying to a position for safety reasons be considered a bona fide occupational requirement? How can employers and unions adopt an appropriately individualized approach when applying such policies?
- Privacy and Technology:
- If a collective agreement permits an employer to monitor employees for a particular purpose, such as for health and safety reasons, can the employer use that surveillance evidence for other purposes such as discipline or performance management?
- Attendance Management:
- What aspects of an attendance management policy will render that policy unreasonable?
- Labour Board Law:
- What collective bargaining lessons can be learned from recent decisions from the Canada Industrial Relations Board and Ontario Labour Relations Board addressing unfair labour practices, bad faith bargaining, and illegal strikes?
- Legislation
The session and materials will also cover recent and upcoming changes to legislation in the federal jurisdiction, in Ontario, and in other provinces, such as:
- What measures impacting workplaces were proposed in the federal government’s “Canada Strong Budget 2025”?
- What changes to the Canada Labour Code are being considered further to the federal government’s recent consultation process? What changes are needed that are not under consideration? Is controversy surrounding the government’s recent uses of s.107 of the Code likely to result in legislative changes to that provision?
- What measures have been introduced at a federal and provincial level in response to the trade conflict between Canada and the US?
- What are the key components of Canada’s Artificial Intelligence strategy and what are the implications of this strategy for Canadian workplaces?
- What new measures have been proposed through federal legislation recently introduced restricting the importation of goods created using forced labour? Which aspects of the mandate for the Canadian Ombudsperson for Responsible Enterprise (CORE) office, recently slated for elimination, are not reflected in this legislation?
- How do the federal government’s proposed restrictions on the use of non-competition clauses in employment agreements compare to Ontario’s restrictions on the use of such provisions?
- What new requirements have been proposed through the federal government’s draft regulations pursuant to the Use of French in Federally Regulated Private Businesses Act?
- What changes have recently come into force through the latest installments in the Ontario government’s Working for Workers legislative series and its recent POWER Act?
- What new or expanded leaves have been introduced federally and in Ontario in the past year? Which jurisdictions have passed legislation restricting employers’ rights to ask for doctors’ notes in support of short-term sick leave?
- 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 has Alberta’s government introduced regarding 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 prior to the conference, ensuring coverage of the latest and most newsworthy topics in a shifting legal landscape.
Break: 10:20 – 10:35 am
Alicia C. Bouchard, CHRL
Director Employee and Labour Relations
People and Technology, Algonquin College
Economic uncertainty, fiscal pressure, labour shortages, and shifting workforce expectations are colliding with rapid technological change and an increasingly volatile legal and political landscape, reshaping bargaining in real time and raising the stakes at the table. This panel explores how emerging legal, economic, technological, and political developments are shaping 2027 bargaining strategies and priorities. Panelists will explore:
- What does the 2027 economic outlook for Ontario and Canada suggest for inflation, interest rates, and labour market conditions?
- How are changing immigration policies and labour supply constraints affecting bargaining agendas in sectors facing persistent workforce shortages?
- To what extent are current cost pressures driven by short-term inflation versus longer-term structural shifts in the economy?
- What lessons have emerged from the repeal of Ontario Bill 124 and other public-sector compensation frameworks, and how are emerging pay transparency and pay equity requirements at the provincial and federal levels influencing compensation design, disclosure practices, and bargaining strategies?
- Has Bill C-58 (federal replacement worker ban) shifted the balance of power in disputes?
- How are unions and employers reassessing bargaining strategies in light of ongoing Charter litigation concerning back-to-work legislation and essential services frameworks?
- How are workplace modernization statutes, electronic-monitoring policies, and AI policies shaping bargaining around remote work, privacy, and managerial oversight?
- How are global changes like trade disruption, geopolitics, and shifting supply chains affecting Ontario and Canada’s economies?
- How might shifting federal priorities, intergovernmental tensions, and evolving US–Canada trade and industrial policy shape bargaining strategies and labour relations outcomes in 2027 and beyond?
Networking lunch: 12:20 – 1:20 pm
Virginie Cobigo
Executive Director
Open Collaboration for Cognitive Accessibility
Full Professor
School of Psychology
University of Ottawa
Applying principles of equity, diversity, and inclusion (EDI) in bargaining, workplace policies and practices has become integral to creating a work environment that ensures the full and fair participation of all job applicants and employees. As employers and unions continue to navigate evolving expectations around EDI in the workplace, this panel will provide practical strategies to address challenges, such as the backlash against EDI initiatives, and efforts by others to move forward in fostering inclusive workplace cultures. Panelists will address the following questions:
- What are examples of inclusive and compliant hiring and employee onboarding practices? How can employers reduce unconscious bias during the hiring process and when promoting employees? What role does the union play in ensuring equitable hiring and promotion practices?
- How does systemic discrimination manifest in the workplace? What lessons can employers and unions apply from recent class action lawsuits alleging systemic discrimination (e.g. Black Class Action lawsuit) to improve hiring and promotion practices and the retention of employees? When will class action lawsuits be the preferred option to address systemic issues instead of grievances or human rights processes?
- Will discriminatory or harassing conduct warrant immediate dismissal without the application of progressive discipline?
- How are parties approaching EDI issues during bargaining? What are examples of emerging inclusive leave and benefit provisions appearing in collective agreements?
- As some workplaces face resistance to EDI initiatives, how are employers address the backlash? Are employers maintaining a commitment to EDI or not? How is EDI training evolving?
Break: 2:35 – 2:50 pm
Dulce Amba Cuenca
Team Lead, Regional Labour Relations
Professional Institute of the Public Service of Canada (PIPSC)
In this session, panelists will examine the response to employee requests for accommodation through remote, hybrid, or other flexible work arrangements. This panel will also explore the tensions that arise when managing return-to-work strategies, particularly considering privacy obligations and workplace monitoring. The session will address questions including:
- Do employers have the right to require employees to return to in-person work for reasons of workplace efficiency and morale?
- What aspects of a general return-to-office are vulnerable to challenges under human rights legislation or on other grounds? How does collective agreement language affect the matter?
- In what circumstances have arbitrators and adjudicators found that employees must be permitted to work from home as a health-related accommodation? Will employees be entitled to work from home during pregnancy or where a spouse or dependent may have increased susceptibility to infection?
- In what circumstances have decision-makers found that employees should be permitted to work from home or on a remote or hybrid basis in order to accommodate obligations related to their family status, such as childcare or eldercare responsibilities? What kinds of information can employers require to support such a request?
- When will insisting that an employee return to in-person work amount to a bona fide occupational requirement? When will an employer be able to establish that undue hardship will arise if an employee is allowed to work from home? Is workplace efficiency enough to establish undue hardship?
- Is it discriminatory for an employer to impose additional performance monitoring practices on an employee engaged in remote or hybrid work — such as a requirement for regular check-ins, use of timesheets, etc.?
- What limits are courts and arbitrators placing on employee surveillance and monitoring of employees working remotely? Is it discriminatory for an employer to impose additional performance monitoring practices on an employee engaged in remote or hybrid work, such as a requirement for regular check ins, use of timesheets, etc.?
- What practical considerations should be taken into account when assessing whether an employee should be permitted to work from home? What flexible working options other than remote or hybrid work can be considered? What benefits and drawbacks do remote, hybrid, or flexible working arrangements have for employees requiring accommodation?
- What best practices can employers and unions implement to ensure that employees being accommodated through remote, hybrid, or flexible work do not become isolated from the team and perform optimally?
Wednesday, October 7, 2026
Breakfast: 8:00 – 9:00 am
Introductory Remarks: 9:00 – 9:05 am
Mediation is a vital tool that can be used to successfully resolve disputes in the workplace. This panel will address common challenges surrounding the mediation process and provide attendees with practical takeaways. Specifically, panelists will address:
- What are the advantages and disadvantages of mediation in workplace disputes? How should parties assess the merits of a case and determine if a settlement is feasible?
- What types of files are not appropriate for voluntary mediation? Should the approach to mandatory mediation (e.g. at the Human Rights Tribunal of Ontario for applications received on or after June 1, 2025) differ from the approach to voluntary mediation?
- What alternative dispute resolution (“ADR”) options, other than mediation, should the parties consider? When will it be beneficial to participate in mediation-adjudication or mediation-arbitration?
- How should the parties prepare for mediation? Can artificial intelligence (“AI”) assist with efficiently preparing for mediation?
- How can parties identify potential power imbalances, accessibility barriers, or other barriers to equity that will affect the mediation process? What steps can the parties take to address these barriers and ensure equitable participation?
- What are examples of negotiation strategies and communication techniques that can lead to better outcomes during mediation? Is a “win-win” outcome always possible?
- What information should or should not be included in a settlement agreement?
Break: 10:20 – 10:40 am
Investigating allegations in the workplace requires compliance with best practices and keeping up with the most recent caselaw. In this panel, experts will offer insights into conducting or overseeing fair and appropriate workplace investigations. Specifically, the panel will answer the following questions:
- 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? How can employers and unions ensure all investigations are compliant with various statutory requirements, workplace policies, and the collective agreement?
- When will hiring an external investigator be preferred over an internal investigation?
- How are investigators using artificial intelligence (“AI”) to assist during workplace investigations? In what other ways can AI impact workplace investigations?
- What risks arise from an inadequate investigation or failing to investigate an allegation? Must an employer investigate allegations even in the absence of a formal complaint?
- How should the parties proceed if a respondent raises allegations against the complainant during an investigation? What interim measures should the parties consider to reduce the possibility of retaliation?
- What information can or must be shared with a complainant or respondent once an investigation is complete? What entitlement do the parties have to a copy of the investigator’s report or notes? How can employers communicate investigation results in a way that restores trust in the workplace?
- How do workplaces move forward after a workplace investigation? What should an effective workplace restoration process include? What is the union’s role in workplace restoration?
Networking Lunch: 12:00 – 1:00 pm
Employers and unions often need to address the needs of employees that may not be immediately visible. In this session, experts will provide insight into complex accommodation issues and provide guidance on the types of information that can be requested or must be provided in support of various accommodation requests.
Specifically:
- What is “neurodivergence”? What conditions have typically been grouped under this umbrella, and how may such neurocognitive differences manifest in the workplace?
- Is “neurodivergence” itself a clinical condition? Must a neurodivergent individual have a diagnosed underlying condition (for example, ADHD) to be entitled to accommodation?
- What common mistakes do employers and unions make when seeking to accommodate neurodiverse employees and what best practices should be adopted to ensure the inclusion and success of these employees?
- What signs and symptoms may indicate that an employee may be struggling with a mental health disability? How, where, and when should an employer, supervisor, or union representative ask an employee if support and/or accommodation is needed? How should managers and union representatives engage with someone who is reluctant to discuss a potential disability?
- Is “objective evidence” necessary to establish disability? How should employers and unions handle medical information that is based solely or largely on an employee’s subjective self-reporting of symptoms? What types of medical information may employers request to support an employee’s request for accommodation?
- Are employers entitled to request medical information from an employee on an ongoing basis? For example, how often, if ever, should updated medical information be requested from a neurodivergent employee who, by definition, has lifelong neurocognitive differences? Can an employer request new information after each “flare-up” of a dynamic disability?
- What types of accommodations may be of assistance to an employee suffering from chronic or episodic symptoms that may impact their ability to work? Does it amount to undue hardship to continue accommodating an employee who experiences multiple relapses of a mental health condition or a dynamic condition? How can employers and unions address questions or concerns raised by co-workers about an accommodated employee without violating the employee’s privacy?
- How might an employee’s disability impact their ability to fully meet obligations arising from the accommodation process and how can employers and unions navigate these obstacles?
Break: 2:15 – 2:35 pm
Workplace sexual harassment concerns often arise along a spectrum – from comments, behaviours, or power dynamics that may initially appear ambiguous, to conduct that clearly violates legal obligations and causes significant harm. Understanding where those lines are drawn and how they can shift depending on context, is one of the most challenging aspects of advising clients, investigating complaints, and managing workplace risk. Lancaster’s experts will explore this spectrum through a series of realistic workplace scenarios. Our panelists will specifically address how subtle warning signs can evolve into more serious misconduct, how organisations should respond at different stages, and what lessons employers, unions, and practitioners can take from the situations. Attendees will also receive a comprehensive materials guide examining these topics.
- How is sexual harassment defined under human rights and occupational health and safety legislation in Ontario and federally? What legal tests have adjudicators and arbitrators typically applied when determining whether sexual harassment has occurred? How will collective agreements and workplace policies impact the determination?
- What is the difference between sexual harassment and sexual solicitation? What is meant by the terms “sexual annoyance” versus “sexual coercion” in the caselaw?
- What duties do employers have when sexual harassment or sexual violence is alleged?
- What is the role of a union in a sexual harassment investigation? What should unions do when both the complainant and the respondent are bargaining unit members?
- How do arbitrators and adjudicators assess whether sexual harassment has occurred in the context of a pre-existing relationship, evidence of prior romantic communications or “banter”, or a power imbalance between the complainant and the alleged harasser?
- When does conduct cross the line from sexual harassment into violence under occupational health and safety legislation?
- What must be done to ensure that workplace violence and harassment policies are effectively drafted, implemented, reviewed, and improved?
- When will off-duty sexual harassment be sufficiently connected to the workplace to bring it under the purview of human rights and occupational health and safety legislation, the collective agreement, and/or the employer’s authority to impose discipline?
- With more employees in remote and hybrid work arrangements, how can employers and unions ensure that sexual harassment does not go unnoticed?
- How have arbitral attitudes changed in terms of appropriate disciplinary responses to sexual harassment? What factors will arbitrators consider? For example, how are factors such as power imbalances, workplace culture, and the impact on the employee who has been harassed taken into account? When will a single instance of sexual harassment be serious enough to warrant dismissal?
- What trends in damage awards are evident in recent sexual harassment cases?
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
Labour Law Conference – Both Days
$1,755.00Add to cart
Labour Law Conference – Day 1
$1,255.00Add to cart
Labour Law Conference – Day 2
$1,255.00Add to cart
Bundle pricing is also available:
Labour Law Conference – Bundle (Conference + Workshop)
$2,195.00Add to cart
Conference Co-Chairs
Advisory Committee
CPD