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DTSTART;VALUE=DATE:20250520
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SUMMARY:Atlantic Labour Law Conference 2025
DESCRIPTION:Tuesday\, May 20\, 2025Workshop*Workshop sold separately from stand-alone conference. \nWorkshop schedule: 9:00 am – 4:00 pm AT\n(The schedule will run concurrently for all three workshops until 4:00 pm) \nFrom Conflict to Calm: Experts examine proactive and restorative strategies to address workplace conflict\n\n\n \nChris Hattie\nAssociate Vice-President of People and Culture\, Mount Saint Vincent University \n\n\n \nDaniel Wilband\nCounsel\nVanBuskirk Law \n\n\n \nShelley Roach Dumouchel\nDumouchel Dispute Resolution \n\n\nIn the modern polarized world\, how can employers and unions work together to effectively resolve and minimize workplace conflict before it escalates? This interactive workshop provides practical strategies for identifying and addressing conflict. Through panel discussions and hands-on exercises\, attendees will learn to: \n\nIdentify common sources of workplace conflict\, including personality clashes\, differing beliefs\, and interpersonal communication issues.\nUnderstand the distinct roles of unions and employers in resolving disputes\, investigating complaints\, and fostering a harmonious workplace.\nComply with legal requirements for addressing workplace conflict (e.g.\, health and safety requirements\, wrongful dismissal claims\, duties to investigate\, duties of fair representation\, duties to accommodate).\nRecognize when and how employers and unions must monitor or intervene\, including in circumstances where questionable behaviour occurs outside the workplace.\nDevelop clear workplace policies that outline acceptable behavior\, detail internal complaint procedures\, and set guidelines for initiating and conducting investigations and mediation processes.\n\nWednesday\, May 21\, 2025Introduction: 9:00 am – 9:05 am AT \nPanel 1: The Latest in Labour: Significant recent cases and legislative developments - 9:05 am – 10:20 am AT\n\n\n \nGeoffrey Breen\nEmployer Counsel\nCox & Palmer \n\n\n \nDale Darling\, K.C.\nMediator and Arbitrator \n\n\n \nChristina R. Kennedy\nSenior Labour Relations Counsel\nAir Line Pilots Association\, International \n\n\nIn this session\, experts will examine recent significant developments in federal and provincial labour law. Panelists will address the latest cases on topics including: \n\nthe legality of recent federal government interventions pausing or prohibiting strikes in the railway\, postal\, and other sectors;\nimplications of the Supreme Court’s decision in the Quebec Casino case denying collective bargaining rights to front line supervisors;\nQuebec Court of Appeal decision upholding role of unions in selection of interest arbitrators;\ndiscrimination\, harassment\, and accommodation;\nemployee expression of political views and/or religious beliefs at work;\ntrends in discipline and damage awards;\nupdates on privacy\, surveillance\, and monitoring;\nremote work — employer discretion and employee entitlement;\nissues of justification for substance use testing; and\noccupational health and safety — liability and damages.\n\nPanelists will also address recent legislative and regulatory developments\, such as: \n\nupdated government guidance regarding requirements under federal supply chain transparency legislation;\nnew collaborative return-to-work obligations introduced under Nova Scotia’s workers’ compensation legislation;\nNew Brunswick’s new accessibility legislation;\nnew sick leave employee entitlements and restrictions on employers’ entitlements to medical notes for short-term sick leave; and\nNew Quebec legislation on arbitrator selection and government powers to pause or prohibit strikes.\n\nFinal selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most newsworthy developments in a changing economic and political landscape. \nBreak: 10:20 am – 10:35 am AT \nPanel 2: About Time: Examining time theft\, performance\, and productivity in the age of AI and remote work - 10:35 am – 11:35 am AT\n\n\n \nLucia DeMaio\nLabour Relations Lawyer\nAssociation of University of New Brunswick Teachers (AUNBT) \n\n\n \nChris Peddigrew\nArbitrator\, Mediator and Investigator \nPeddigrew Wade Law \nVice-Chairperson\nNewfoundland and Labrador Labour Relations Board \n\n\n \nTwila Reid\nEmployer Counsel\nStewart McKelvey \n\n\n \nJake van der Laan\nProfessor\nDepartment of Computer Science\nUniversity of New Brunswick \n\n\nCan employers monitor employee activity to ensure wages correspond to hours worked? In this webinar\, experts will examine the impact of AI and remote workplaces on work habits\, provide practical guidance on the scope and limitations of workplace surveillance\, and discuss arbitrator responses to claims of employee “time theft.” Panelists will address: \n\nWhat constitutes employee “time theft”?\nHow can AI be used for workplace surveillance? What steps should workplaces take to develop policies that comply with Bill C-27\, the Digital Charter Implementation Act (which includes the introduction of the Artificial Intelligence Data Act)?\nIs the nature of the workplace relevant when implementing surveillance? Is the sensitivity of the information relevant?\nIs reasonable suspicion of “time theft” required before implementing workplace surveillance? Can surveillance originally implemented for safety or security purposes be used to monitor employee productivity?\nIs the scope of surveillance different for remote workers?\nWhat disciplinary measures do adjudicators and arbitrators consider appropriate for “time theft”?\nAre there limits to an employer’s retention and use of employee information obtained through surveillance?\n\nBreak: 11:35 am – 11:50 am AT \nKeynote Speech by Michael Marin\, K.C. - Employee Privacy in the MUSH Sector and Beyond - 11:50 am – 12:20 pm AT\n\n\n \nMichael Marin\, K.C.\nDean and Associate Professor\nFaculty of Law\nUniversity of New Brunswick \n\n\nFollowing the Supreme Court’s judgment in York Region District School Board v. Elementary Teachers’ Federation of Ontario\, the extent to which s.8 of the Charter protects the privacy of employees in the public sector has become one of the most talked about workplace law issues in Canada. While labour arbitrators have long recognized the privacy rights of employees\, they often did so without explicit reference to the Charter. In addition\, York and other cases suggest that the Charter may soon extend to other workplaces in the “MUSH” sector\, notably universities\, which have long been considered Charter-free zones. At the same time\, the blending of personal and work-related uses of technology has resulted in a line of arbitral cases that applies Charter-like reasoning to private sector workplaces. \nThis presentation will discuss York‘s practical implications for both public and private sector workplaces. Although the Charter does not generally apply to the private sector\, the judgment’s emphasis on the employment context in assessing the reasonableness of a search is useful guidance. And the Supreme Court’s “Charter-always” approach will have implications for how counsel and arbitrators tackle cases that engage privacy concerns in the public sector. Overall\, these developments reflect a trend toward formalizing the recognition of employees’ right to privacy no matter where they work. But\, in typical Charter fashion\, this right is not absolute and may be invaded by employers for legitimate reasons and if personal information is not unduly exposed. \nLunch Break: 12:20 pm – 1:20 pm AT \nPanel 3: What's Fresh in Fact-Finding? The latest on best practices for fair and effective workplace investigations - 1:20 pm – 2:30 pm AT\n\n\n \nJudy Begley\nLawyer\, Workplace Investigator\, and Mediator\nBegley Law \n\n\n \nJoël Michaud\nUnion Counsel\nPink Larkin \n\n\n \nKathleen O’Neill\, K.C.\nEmployer Counsel\nCox & Palmer \n\n\nConducting workplace investigations is a delicate and complex process that demands fairness\, precision\, and a commitment to best practices. The panel will examine recent caselaw addressing workplace investigations and will explore key principles\, best practices\, and emerging guidance about conducting reasonable and effective investigations. The panel will address a series of questions including: \n\nWhat lessons can be learned from recent caselaw as to what constitutes a fair and adequate investigation process?\nWhat are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process?\nWhat is the role of the union in an investigation? What are the limitations of union involvement?\nHow much latitude do employers have to order investigations into off-duty conduct? Can workplace investigators request access to employees’ personal devices\, such as laptops or cellphones\, used primarily or exclusively for personal purposes?\nWhat strategies can workplace parties implement to address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?\nWhat lessons can be learned from recent caselaw about what information is protected in the investigative process?\nIn what circumstances have arbitrators given remedies for an employer’s failure to investigate allegations?\nWhat should employers and unions be looking for when reviewing investigation reports?\n\nBreak: 2:30 pm – 2:45 pm AT \nPanel 4: Is it Discrimination? Or Isn’t It? An interactive panel seeks answers from actual case studies - 2:45 pm – 4:00 pm AT\n\n\n \nGreg Anthony\nEmployer Counsel\nMcInnes Cooper \n\n\n \nCarey Majid\nExecutive Director\nNewfoundland and Labrador Human Rights Commission \n\n\n \nKyle Rees\nUnion Counsel\nO’Dea Earle \n\n\nIn this interactive session\, panelists will address scenarios based on real cases involving allegations of discrimination\, examining legal principles for identifying and addressing subtle\, systemic\, and complex forms of discrimination as well as meeting obligations such as the duty to accommodate. Panelists will address questions such as: \n\nHow have arbitrators and human rights tribunals resolved evidentiary and credibility challenges when determining whether discrimination has occurred?\nWhat contextual factors have decision-makers considered in determining whether conduct which may seem innocuous on its face is\, in fact\, a subtle form of discrimination?\nWhat matters should be considered in determining whether systemic discrimination has adversely impacted an employee?\nHow does the test for discrimination differ depending on the ground of discrimination that is alleged? For example\, what unique considerations apply when determining whether an employee has been discriminated against on the basis of religion?\nWhen will a rule or standard that on its face appears to be discriminatory be justified as a bona fide occupational requirement? When will accommodating an employee amount to undue hardship?\nIn what circumstances will employers be held liable for the discriminatory conduct of employees toward other employees in the workplace?\n\nScenarios will be finalized in the weeks leading up to the conference\, ensuring coverage of the most relevant cases. \nClosing remarks: 4:00 pm AT \nAtlantic Labour Law Conference Bundle: Conference + Pre-Conference Workshop$1\,495.00Read more	\n			\n  \nAtlantic Labour Law Conference – Pre-Conference Workshop$895.00Read more	\n			\n  \nAtlantic Labour Law Conference$995.00Read more	\n			\n  \nAtlantic Labour Law ConferenceConference Co-Chairs\n\n \nJamie Eddy\nEmployer Counsel\nCox and Palmer \n\n\n \nSophie Landry Mockler\nLegal Counsel\nNew Brunswick Union (NBU) \n\n\n \nLynne Poirier\nArbitrator/Mediator\nVice-Chairperson\nCanada Industrial Relations Board \n\n\nConference Advisory Committee\n\n \nBrenda Comeau\nUnion Counsel\nPink Larkin \n\n\n \nMichael Keliher\nLabour Relations Lawyer\nAssociation of University of New Brunswick Teachers (AUNBT) \n\n\n \nTracy McPhee\nLegal Counsel\nLabour Relations & Compensation Analysis\nHealth Association Nova Scotia \n\n\n \nIan Pickard\nEmployer Counsel\nMcInnes Cooper \n\n\nCPDConference CPD\n\n\n \n\nThis program has been approved by CPHR Nova Scotia for 5.25 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 5.25 Continuing Professional Development hours.\nMembers of CPHR Newfoundland & Labrador may consider counting this program for 5.25 Continuing Professional Development hours.\nMembers of the CPHR PEI may consider counting this program for 5.25 Continuing Professional Development hours.\n\n\n\n\nWorkshop CPD\n\n\n \n\nThis program has been approved by CPHR Nova Scotia for 5.5 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 5.3 Continuing Professional Development hours.\nMembers of CPHR Newfoundland & Labrador may consider counting this program for 5.3 Continuing Professional Development hours.\nMembers of the CPHR PEI may consider counting this program for 5.3 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/atlantic-labour-law-conference-2025/
LOCATION:Virtual Event
CATEGORIES:Conference,Labour Law & Labour Policy
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