Dishonesty and breaches of trust are among the most serious types of workplace misconduct, often justifying disciplinary action. But when does dishonesty rise to the level of justifying termination? In this session, practitioners will examine the factors that arbitrators and courts consider when deciding whether dishonest behaviour warrants termination. Specifically, panelists will address:

• • What approach do Canadian courts and labour arbitrators take when considering whether or not to uphold a discharge for dishonest conduct? When is “automatic discharge” warranted?
  • What guidance do labour arbitrators provide about the relevance of mitigating and aggravating factors in cases of dishonesty and breach of trust? What is the impact of the Supreme Court’s McKinley decision in which the Court held that discipline must be proportional to the particular form of dishonesty involved?
  • What evidence is required to establish that an employee has engaged in dishonest behaviour? What responsibility does the grievor have to provide an exculpatory explanation? What is the “duty to explain” and how does it interact with the burden of proof in dishonesty cases?
  • How will arbitrators view the dishonest recording of attendance or the dishonest use of sick time?
  • How do arbitrators view misuse of worktime? When does it rise to the level of time theft? Are some kinds of misuse of worktime more serious than others?
  • Will off-duty dishonest conduct that is criminal in nature justify discharge? If it is unrelated to the employee’s job?
  • Where dishonesty is causally related to an employee’s disability, must the employer accommodate the employee rather than dismissing the employee?

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 – $995
Live webinar – $395
Video and MP3 – $695
(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.