Lancaster House

Shaken to the Core: When will a breach of trust justify termination?
2024-02-29 12:30 - 14:00 UTC | Virtual Event
Moderator

Paul Love
Arbitrator and Mediator

Speakers

Christine Poirier
Senior Advisor to General Counsel and Chief of Labour Relations and Special Projects Officer
Professional Institute of the Public Service of Canada (PIPSC)

Twila Reid
Employer Counsel
Stewart McKelvey

What happens when trust is broken in the workplace? What kind of conduct is considered to rise to the level of breach of trust, and when will it be cause for dismissal? In this session, experts will examine breach of trust in the workplace, addressing:

What constitutes a “breach of trust”? What types of conduct will rise to this threshold?
Do employees have a duty to avoid conflicts of interest? Does this duty differ in the public and private sectors? What types of situations have arbitrators found pose conflicts of interest?
What evidence is required to prove that an employee has engaged in conduct that rose to the level of a breach of trust? What is the requisite standard of proof?
What are the consequences of a breach of trust? When is progressive discipline required, and when will a breach of trust be so severe that proceeding directly to termination of employment is warranted? Do different positions and/or workplaces attract differing standards of trust?
What factors do arbitrators, courts, and adjudicators typically consider when assessing the appropriate disciplinary penalty for a breach of trust? When may damages in lieu of reinstatement be considered?What factors may be taken into consideration when deciding whether an employment relationship is reparable?
Will an employee’s remorse or willingness to account for their wrongdoing lead to a different disciplinary outcome? What mitigating factors should unions and employee-side representatives point to in order to support a lesser penalty?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 1.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may count this program for 1.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.

Making a Fair Assessment: Evaluating credibility from an EDI perspective
2024-03-14 12:30 - 14:00 UTC
Moderator

Karine Pelletier
Adjudicator
Manitoba Human Rights Commission
Vice-Chairperson
Manitoba Labour Board

Speakers

Tonie Beharrell
Lawyer and Workplace Investigator
Southern Butler Price LLP

Connie Cheung
Employer Counsel
Sherrard Kuzz LLP

Amarkai Laryea
Union Counsel
RavenLaw

Dr. Kristine Peace
Professor
MacEwan University

In this webinar, expert panelists will examine how stereotypes, bias, and other equity, diversity, and inclusion considerations can influence assessments of credibility during grievance procedures, in investigations, and at arbitration. Panelists will highlight strategies for addressing these concerns and examine questions including:

How can bias and stereotypes impact how witnesses are perceived and their credibility assessed? How can trauma, cultural factors, or experiences of discrimination impact the way in which a witness delivers evidence? Do legal professionals have a professional obligation to recognize and address these concerns?
What role can these factors play in shaping perceptions of the merit of complaints made through grievance or other internal procedures? How might this inadvertently “weed out” legitimate complaints? How can lawyers advising on such matters, as well as workplace parties, proactively address these factors?
How can investigators ensure that bias and stereotypes do not impact their assessment of witness credibility? What are best practices for ensuring investigations are conducted in a fair and unbiased manner?
How do these same factors impact the arbitral process and how testimony and evidence presented at arbitration is evaluated? When is it necessary to present expert evidence on bias or stereotypes?
What training should legal professionals and workplace parties undergo to better recognize and address these issues? Who should receive this training?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program contains 1 hour and 30 minutes of EDI Professionalism content.

This program has been approved by the Law Society of British Columbia for 1.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may count this program for 1.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.

Disabilities that Elude Diagnosis: Accommodating employees with undiagnosed or poorly understood conditions
2024-03-28 12:30 - 14:00 UTC
Moderator

Lynne Poirier
Arbitrator/Mediator
Vice-Chair, Canada Industrial Relations Board

Speakers

Sevda Mansour
Legal Counsel
Ontario Nurses’ Association

Dr. Shawn Marshall
Full Professor
Department of Medicine
University of Ottawa
The Ottawa Hospital
Rehabilitation Centre

Rebecca Silverberg
Employer Counsel
McLennan Ross

Challenges often arise in accommodating employees with conditions that cannot be identified by a clear diagnostic test or that are not yet well-understood within the medical community. In this session, experts will address these challenges, answering questions including:

What are common medical conditions that elude diagnosis, or that are considered “diagnoses of exclusion”? Why does “long COVID” fall within that list?
Is a definitive diagnosis, or “objective evidence,” necessary to establish disability? How should employers and unions respond where there is a lack of available medical practitioners with the requisite knowledge or experience to assess and attest to the condition?
How can employers and unions effectively formulate requests for medical information where an employee’s condition cannot be confirmed using a clinician’s diagnostic test?
When sick leave abuse is a concern, how can an employer distinguish between employees who have genuine, difficult-to-diagnose disabilities, and employees who are feigning illness? May an employer discipline or dismiss an employee who is frequently absent, underperforming, or exhibiting atypical workplace behaviours but who asserts that it is due to an as-yet undiagnosed disability?
How do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?

What types of accommodations may be of assistance to an employee suffering from persistent or chronic symptoms that may impact their ability to work? For example: What measures may assist an individual with long COVID?
AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 1.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may count this program for 1.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.

Discrimination and Harassment: Experts examine recent cases, emerging trends
2024-04-11 12:30 - 14:00 UTC
Moderator

Scott Sterns
Arbitrator and Mediator

Speakers

Heather Ann McConnell
Arbitrator/Mediator

Justina Sebastiampillai
Employer Counsel
Stikeman Elliott

Andrea Johnson
Union Counsel
Gerrand Rath Johnson

Conduct that may have been tolerated in the past is no longer considered acceptable. Employers are now facing a higher degree of accountability for failing to address misconduct in the workplace, while employees are also facing harsher consequences for engaging in bullying and harassing behaviour. In this webinar, leading experts will discuss the impact of key employment and labour decisions involving claims of discrimination and harassment in the workplace. Topics to be addressed include:

When do employers have a legal obligation to address bullying and harassment in the workplace?
What proactive steps can employers take to create a safe and respectful work environment?
Which forum is more likely to address bullying and harassment and in what circumstances?
When will arbitrators, tribunals, or courts find that employers have met their duty to protect the health and safety of their employees? What consequences may employers face if they fail to meet this duty?
When do interpersonal conflicts or management styles rise to the threshold of “bullying and harassment”? Are subjective perceptions and intentions, personality traits, and/or workplace culture relevant?
What evidentiary burden does an employee have to meet to make out a claim before an arbitrator, tribunal, or court for alleging bullying and harassment in the workplace?
What remedies are available to employees who have experienced discrimination and harassment in the workplace?
What factors do arbitrators, tribunals, and/or courts consider when assessing the appropriate penalty for harassing behaviour?
Can an employer discipline an employee for bullying and harassment that occurred outside the workplace?
What are the implications of recognizing harassment as a tort, e. a civil cause of action, as Alberta has done?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Lancaster’s Workplace Essentials: Understanding the scope and limits of management rights
2024-04-25 12:30 - 14:00 UTC
Moderator

Sara Slinn
Arbitrator and Mediator
Sara Slinn Mediation/Arbitration
Associate Professor
Osgoode Hall Law School
York University

Speakers

Allie Laurent
Employer Counsel
McLennan Ross

Caitlin Meggs
Union Counsel
Victory Square Law Office

Whenever management makes a workplace decision that is not specifically addressed by the collective agreement, the question arises whether this action is a valid exercise of management rights. In this installment of Lancaster’s Workplace Essentials webinar series, expert panelists will examine recent case law and key principles relating to management rights. Topics to be address include:

In the absence of collective agreement language, is an employer in a unionized workplace required to exercise its right to manage in a fashion that is reasonable and fair, and to act honestly and in good faith?
How has the duty of good faith and honest performance been applied?
Where the collective agreement confers discretion on an employer, must the employer use this discretion reasonably? What test must employers meet when they introduce a unilateral rule or workplace policy?
In what circumstances will an arbitrator find that employers have exercised their discretionary management rights properly? Improperly? What kinds of remedies may an arbitrator order in these circumstances?
How have the foregoing principles been applied in recent caselaw dealing with drug and alcohol testing, attendance management, and electronic monitoring?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Untangling the Web: Sorting out administration and accommodation issues in sick leave, LTD, STD and workers’ compensation claims
2024-05-09 12:30 - 14:00 UTC
Moderator

Madeleine Loewenberg
Lawyer, Workplace Investigator, and Mediator

Speakers

Dr. Dwayne Van Eerd
Scientist
Institute of Work & Health

Brad N. Cocke
Lawyer
Cooperwilliams Truman & Ito LLP

Niiti Simmonds
Union Counsel
Cavalluzzo

Income protection for employees who are unable to work due to illness or disability is a crucial issue in collective bargaining. Unions seek to safeguard employees’ income security from unexpected interruptions caused by sickness, while employers are concerned to enhance the efficiency and contain the costs of such income replacement programs. Difficult questions of contract interpretation arise about eligibility and entitlement, particularly where a third-party insurer or administrative service provider is involved. In this webinar, a panel of experts will provide guidance on a number of key issues, taking into consideration recent decisions of arbitrators and the courts.

What is the relationship between negotiated entitlements under a collective agreement and statutory entitlements under employment standards legislation, e.g. paid sick leave or emergency leave days? Can employees’ sick leave entitlements under a collective agreement be offset against comparable entitlements under legislation?
When an employee is on an extended medical leave of absence, such as workers’ compensation or long-term disability, is the employer permitted to pro-rate benefits under collective agreements that are based on service, i.e. vacation or holiday pay? Does the pro-rating of benefits in such circumstances constitute prohibited discrimination?
In what circumstances will the employer be obligated to pay negotiated sickness or disability benefits where a third-party insurance company or administrative services provider has denied the claim?
To what extent can employees be required to provide personal medical information when applying, for sick leave, short-term, or long-term disability benefits? When is a request for additional, more detailed information justified? What medical information can properly be required in support of a request for a workplace accommodation?
When will eligibility requirements, e.g. qualifying days, for sickness or disability benefits be held to discriminate on the basis of disability or other prohibited grounds?
Can an employee who is found to be “totally disabled” from performing work in any occupation, in accordance with an insured plan, be dismissed for non-culpable absenteeism? When will a subsisting entitlement to benefits preclude dismissal for non-culpable absenteeism?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Language Matters: Expert guidance on crafting inclusive collective agreement clauses
2024-05-23 12:30 - 14:00 UTC
Moderator

Heather Ann McConnell
Arbitrator/Mediator

Speakers

Mike Hamata
Employer Counsel
Roper Greyell

Alison McEwen
Union Counsel
Ravenlaw

Parm Sandhar
Bargaining Representative
Hospital Employees’ Union (HEU)

Sundeep Gokhale
Employer Counsel
Sherrard Kuzz

In this webinar, expert panelists will provide practical guidance on drafting and negotiating collective agreement language that promotes workplace diversity, equity, and inclusion. Panelists will address questions including:

How can workplace parties apply anti-racism and intersectional approaches when reviewing collective agreement language and negotiating new clauses?
What changes should workplace parties consider making to commonly-used terminology in their collective agreements to ensure that contract language is inclusive and non-discriminatory?
Should parties consider updating their collective agreement language in light of federal Employment Equity Act amendments?
What lessons can be learned from recent arbitration decisions in which collective agreement language was found to be discriminatory?
What are some examples of collective agreement clauses that have recently been negotiated to promote equity, diversity, and inclusion and remove barriers for employees?
How can parties ensure that collective agreement language – aimed at promoting equity, diversity, and inclusion – does not conflict with other collective agreement rights (e.g. seniority rights)?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Charting Vital Signs: Examining current caselaw and legislation in the healthcare sector
2024-06-04 12:30 - 14:00 UTC
Moderator

Danna Morrison
Arbitrator/Mediator
Danna Morrison Mediation & Arbitration Inc.
Vice-Chair
Ontario Labour Relations Board (OLRB)

Speakers

Sebastien Anderson
Union Counsel
Labour Rights Law

Meg Atkinson
Union Counsel
Kastner Ko LLP

Erin Cutler
Senior Legal Director and General Counsel
Health Employers Association of BC (HEABC)

Stephanie Ramsay
Employer Counsel
Matthews Dinsdale

In this webinar, panelists will examine recent cases and legislative updates impacting employees in the healthcare sector. Topics to be addressed in the session and materials include:

Recent decisions regarding the enforceability of wage restraint legislation;
Noteworthy interest arbitration decisions addressing factors such as inflation and staffing and recruitment;
Recently negotiated collective agreements in the healthcare sector and emerging trends in collective agreement clauses;
Trends in healthcare privatization and recent legislation introduced in several provinces restructuring the organization and delivery of healthcare services;
Recent Labour Board decisions addressing illegal strike activity, statutory freeze violations, and contracting out and the use of agency workers;
Noteworthy grievance arbitration decisions addressing key workplace issues such as discrimination and discipline; and
Legislative and other government initiatives aimed at addressing staff shortages, recruitment and retention, and burnout in the healthcare sector.
What do arbitrators in the healthcare sector have to say about:

Staffing shortages;
Use of agency workers;
Recruitment and retention;
Inflation;
Contracting out;
Mandatory vaccination;
Burnout;
Abuse of residence; and
Assaults on staff.

Final selection of topics will take place in the weeks prior to the webinar, ensuring coverage of the latest and most significant developments.
AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Extraordinary Harms, Extraordinary Remedies: Learning from exceptional damage awards in human rights and arbitration cases
2024-06-20 12:30 - 14:00 UTC
Moderator

Jeff Palamar
Arbitrator and Lawyer
Taylor McCaffrey

Speakers

Thelma Zindoga
Employer Counsel
Blake, Cassels & Graydon LLP

Balraj Dosanjh
Pensions Counsel
Cavalluzzo LLP

In recent years, we have seen an upward trend in damages awards, with employers paying a steep price for failing to meet their legal obligations in the workplace. In this webinar, a panel of experts will examine recent caselaw where exceptional damages have been made, and will address the following questions:

What are the different kinds of damages an employee may seek? General? Moral? Harm to dignity? Aggravated? Punitive?
Do arbitrators and tribunals have the authority to award the same kinds of damages as the courts?
In what circumstances will a decision maker order damages for the failure to investigate? Can a decision-maker order damages for the failure to investigate where it has determined that no human rights violation occurred?
When are employers at risk of aggravated damage awards?
What evidentiary threshold does an employee have to meet to support an award of aggravated damages?
What kind of conduct will justify an award of punitive damages? For example, when will this kind of award be made in a case involving bullying and harassment or termination? What can employers do to guard against punitive damages?
When will a damages award amount to double recovery?
What considerations will courts take into account in assessing an employee’s duty to mitigate their losses?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Returns that Work: Expert guidance on navigating the return of injured or ill employees to work
2024-07-04 12:30 - 14:00 UTC
Moderator

David Mombourquette
Chairperson
New Brunswick Labour and Employment Board

Speakers

J.D. Gilmour
Manager of Employee Abilities and Return to Work for Health PEI

Dana F. Hooker
Employer counsel
DLA Piper

Brendan McCutchen
Union Counsel
Wright Henry LLP

In this session, expert panelists will provide guidance on ways that employers, unions and employees can collaborate to ensure a successful and enduring return to work and address accommodation considerations, workplace disability management systems, and the legal landscape.
Specifically, panelists will address:

What benefits will employers, unions, and employees experience from implementing a successful disability management program and return-to-work process?
What are the employer’s human rights obligations in returning a disabled employee to work? Does the employee have to return to the pre-leave position? What amounts to “undue hardship” for the employer in accommodating the returning employee?
What role do the union and employee play in the return-to-work and accommodation process? How can these parties facilitate a successful and lasting return to work?
What medical information, if any, is the employer entitled to when assessing an employee’s return to work and accommodations needs? How do functional abilities forms differ? When are independent medical examinations justified? Can the employment relationship be legally frustrated as a result of an employee’s refusal to provide medical information?
What are other legal considerations in returning an employee to work? How does occupational health and safety factor in? What additional considerations apply to returning employees to work whose condition was a result of a workplace injury or illness? What privacy laws apply?
How can workplace parties ensure strong organizational support for employees returning to work after a leave of absence? How can employee benefits be structured to promote return to work? What measures can be taken to increase the chances of an enduring return to work?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Lancaster’s Workplace Essentials: A primer on remedies for breach of the collective agreement
2024-07-18 12:30 - 14:00 UTC
Moderator

Maheen Merchant

Speakers

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Heather L. Robertson
Union Counsel
Gerrand Rath Johnson

In this installment of Lancaster’s Workplace Essentials webinar series, expert panelists will provide attendees with a comprehensive introduction to the types of remedies parties can seek for breach of the collective agreement and the appropriate circumstances under which to seek such remedies.
The webinar will address such questions as:

What is the difference between a “declaration” and a “quia timet” or compliance order?
How will an arbitrator quantify damages for losses suffered due to breach of the collective agreement? What is the “make-whole” principle?
When can an employer award pay damages in lieu of reinstatement?
What are “non-monetary losses”? When will an arbitrator award damages for such losses?
Where a breach of the collective agreement may also amount to a tort or a breach of employment-related legislation, do arbitrators have jurisdiction to address these additional causes of action?
What are “general”, “aggravated”, and “punitive” damages? What are “damages for mental distress”? Are these types of damages available for breach of the collective agreement and, if so, in what circumstances will they be awarded?
When may damages “to the union at large” be awarded?
What is the “duty to mitigate” and when does it apply? When does it not apply? How might a party’s failure to mitigate impact the award of damages?
What test will an arbitrator apply when determining if and when to award interim relief, i.e. relief that is granted prior to a hearing on the merits?
Can arbitrators award additional items such as interest, compensation for tax consequences, or costs? If so, when?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Adapting to an Older Workforce: Accommodation, benefits, retirement options
2024-08-01 12:30 - 14:00 UTC
Moderator

Colin Johnston
Mediator Arbitrator
Colin Johnston Mediation Arbitration Services Inc.

Speakers

Randy Slepchik
Union Counsel
Jewitt McLuckie & Associates LLP

Cristina Wendel
Emplyer Counsel
Dentons

How can workplaces effectively cultivate an environment that is inclusive and equitable for employees of all ages? This webinar will examine questions surrounding mature employees in the workplace, covering topics such as accommodation and discrimination, the duty to inquire, retirement, and benefit plans.
In particular, speakers will address:

When and how should employers approach employees whose performance may be impacted by age-related disabilities, such as early-stage dementia, hearing loss, or mobility issues? Are employers required to modify duties or reduce work performance standards in these cases?
What types of alternative work arrangements can be offered to employees nearing retirement?
Is it discriminatory to:

Deny promotions to older workers based on the assumption that they may retire soon;
Provide flexible work arrangements to older workers without offering the same options to younger workers;
Suggest retirement to employees;
Terminate employee benefits at age sixty-five;
Specify a retirement age in collective agreements; or
Implement age-based reductions in benefits associated with retirement?

Must retiree resource pools be negotiated in a collective agreement in order to be offered to retiring employees?
What kinds of programs best facilitate mentorship and knowledge transfer?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Lancaster Speaker Series: Dr. Dayna Lee-Baggley – The Burnout Burger: The role of psychological safety in preventing burnout in the workplace
2024-08-07 12:30 - 13:30 (America/Toronto)
Speakers

Dr. Dayna Lee-Baggley

Rates of burnout have never been higher. However, the conventional focus on self-care falls short. In this innovative presentation, Dr. Dayna will present a more comprehensive strategy to address burnout known as “the Burnout Burger”. The Burnout Burger highlights that burnout is not just the responsibility of the individual. Instead, the individual is squeezed between organizational and cultural factors that also influence burnout. Dr. Dayna will present the science of burnout and actionable strategies to address the Burnout Burger, including the role of psychological safety in targeting burnout. Attendees will gain insight into cutting-edge, evidence-based tips and techniques, empowering individuals, leaders, and workplaces to effectively address burnout and foster the well-being of both employees and organizations.
AccreditationCPD

This program has been approved for 1 Continuing Professional Development (CPD) hour under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by CPHR Alberta for 1 Continuing Professional Development hour.

This program has been approved by CPHR BC & Yukon for 1 Continuing Professional Development hour.

This program has been approved by the Law Society of British Columbia for 1 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 1 Substantive hours; 0 Professionalism hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 1 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1 Continuing Professional Development hours.

Additional InformationRegistration Fee – Single Attendee
Live webinar, video, and MP3 Bundle: $195
Live webinar: $125
Video and MP3: $125
(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 and MP3 file are available for download and viewing one business day after the live event. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording and MP3 files. For purchases for upcoming events, once the video recording and MP3 file are available, registrants will receive an update e-mail informing them that the links are now ready.

Recovering the Balance: Practical guidance on flexible work, the right to disconnect, and avoiding burnout
2024-08-15 12:30 - 14:00 UTC
Moderator

Mireille Giroux
Vice-Chair
Ontario Labour Relations Board (OLRB)

Speakers

Meghan Burton
Organization Development Advisor
Mental Health Commission of Canada

Tahir Khorasanee
Employer counsel
Steinbergs LLP

Sogol Naserian
Union Counsel
Shields Hunt Duff Stratchan

In this webinar, expert panelists will provide practical guidance on how employers and unions can identify and prevent burnout and related mental health harms through proactive changes to working arrangements and workplace culture.
Speakers will address questions such as:

What is “burnout”? How does it differ from stress or anxiety? What does evidence suggest causes burnout? What signs may indicate that an employee is experiencing burnout or harmful levels of stress?
What are employers’ legal responsibilities when it comes to burnout and workplace stress? How should employers and unions respond when employees suggest or exhibit signs that they are overly stressed or burnt out?
How can employers and unions identify organizational factors that contribute to or cause burnout and undue stress? What tools, guidelines, or other resources may be of assistance in identifying organizational risk factors?
What does initial evidence suggest about the impact of remote work on employee mental health? How can employers develop remote work policies that maximize mental health benefits and minimize potential harms?
Do employees have a “right to disconnect” from work outside of business hours? Is such a right practicable for employees who do not work traditional “9 to 5” hours? In jurisdictions where such a right has been implemented through legislation, has it proven to be effective?
What types of flexible work arrangements can workplace parties implement to address problems of overwork and burnout? What challenges may arise in implementing such arrangements in unionized and non-unionized workplaces?
What organizational or policy changes may be made to promote mental health and minimize burnout and undue stress? What types of provisions to this effect can or should be negotiated through collective bargaining?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Can We Be Friends? Navigating workplace interactions in an increasingly conflicted world
2024-08-27 12:30 - 14:00 UTC
Moderator

Judith Allen
Arbitrator, Mediator and Workplace Investigator
Arbitration Investigation Mediation (AIM)

Speakers

Terry Downey
Union Representative
SEIU Local 1 Canada

Eleni Kassaris
Employer Counsel
Dentons

Jen Magnus
Founder/President
Magnus Consulting

Workplaces bring together employees with diverse beliefs and opinions. In this webinar, expert panelists will examine legal principles and best practices for navigating workplace interactions in an increasingly polarized world and building respectful, cohesive workplaces.
The webinar will address questions including:

What does research suggest about the importance of cultivating workplace friendships? What impact does this have on job satisfaction, productivity, and mental health? What are the potential downsides?
Should employers encourage employees to restrict their interactions to work-related exchanges? Does allowing or encouraging interaction on subjects beyond work-related topics increase the risk for conflict or potential litigation?
What do recent cases 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 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?
What steps can employers and unions take to encourage a positive, cohesive work environment while minimizing the risk of harmful conflict or inappropriate comments by employees regarding their beliefs or opinions?
What is the responsibility of the employer to monitor and control gossip?

AccreditationCPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Beyond the Open Door: Expert guidance on proactively recognizing and responding to employee mental health concerns
2024-09-10 12:30 - 14:00 UTC
Moderator

Doug Sanderson
Arbitrator and Mediator
Doug Sanderson Dispute Resolution

Speakers

Dr. Katy Kamkar
Dr. Katy Kamkar, PhD, CPsych.
Clinical Psychologist

Diane Laranja
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Troy Winters
Senior Health and Safety Officer Canadian Union of Public Employees (CUPE)

It is now common knowledge that employers, unions and employees all benefit from a safe and healthy work environment that protects workers’ mental health. However, workplace parties continue to grapple with the best way to proactively guard against poor mental health in the workplace beyond simply reacting and responding to concerns once they arise. In this panel, experts will discuss tools and practices that employers and unions can use to maximize employees’ psychological health and safety.
Questions to be addressed include:

What is the difference between mental illness and mental health in a broader sense? Why is it important for workplaces to implement proactive measures that address both mental illness and mental health?
What are an employer’s legal obligations to protect workers’ psychological wellbeing under occupational health and safety legislation?
What are the key elements of a healthy work environment and how can employers effectively assess the health of their workplace?
What are best practices for proactively addressing mental health in the workplace and what are the respective roles of the employer and union in this regard?
What are the potential implications for employers should they fail in their obligation to provide a safe and healthy work environment?
Can unions be held liable for failing to protect the psychological health and safety of their membership?
What resources are available? How useful/reliable are they?

Accreditation
CPD

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).

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Privacy Protection in a Wired Workplace: The Supreme Court of Canada sets new rules
2024-09-26 12:30 - 14:00 UTC
Moderator

Sara Slinn
Arbitrator/Mediator

Speakers

Elisabeth Finney
Union Counsel
Black Burke Mayor LLP

Justin P’ng
Employer Counsel
Osler, Hoskin & Harcourt LLP

In a recent ruling, the Supreme Court of Canada affirmed that teachers employed by Ontario public school boards have a right to be protected from unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms. The Supreme Court’s decision limits the surveillance of electronic devices used by employees at work In this webinar, panelists will explore:

Which employers are subject to the Charter?
What categories of employees are protected from unreasonable search and seizure under section 8 of the Charter? How far does the protection go?
When will a search be reasonable? When will it go too far?
Are arbitrators obliged to apply the Charter of Rights?
What limits can employer policies impose?
Does employer tracking and surveillance need to be communicated in advance in policies and collective agreements?
What balance should be struck between an employer’s right to manage the workplace and employees’ privacy interests?

AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Public-Facing Employment: Protecting workers from harassment by customers, patients, students, and other third parties
2024-10-01 12:30 - 14:00 UTC
Moderator

Jeff Palamar
Arbitrator and Lawyer
Taylor McCaffrey

Speakers

Natasha Savoline
Employer Counsel
Bernardi Human Resource Law LLP

Kas Pavanantharajah
Union Counsel
Black Gropper

An employer’s obligation to protect workers from harassment is not limited to harassment by other employees and managers; it also may extend to harassment perpetrated by members of the public. Such situations present special challenges In this panel, Lancaster’s expert speakers will address issues relating to third-party harassment in the workplace, such as:

What type of conduct constitutes harassment by customers, patients, students or other members of the public?
Does an employer have an obligation to protect employees from harassment by the public on the company’s social media sites? How does this interact with rights that members of the public may have to express themselves freely?
What policies or practices can employers put into place to proactively guard against harassment by clients and other members of the public? How is this affected by the nature of the worksite (e.g. educational institution, health care setting, etc.)?
What steps should an employer take to conduct an appropriate investigation into harassment by a member of the public? What challenges exist when the alleged third-party harasser will not comply with the investigation?
What types of legal actions and remedies are appropriate where an employee has been harassed by a member of the public?

AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

New Developments in Workers’ Compensation: Experts discuss legislative changes and the latest decisions, trends, and policies
2024-10-24 12:30 - 14:00 UTC
Moderator

Karen Nordlinger
Arbitrator, Mediator and Lawyer
Aaron Gordon Daykin Nordlinger LLP

Speakers

Tom McKenna
National Health and Safety Representative
Canadian Union of Public Employees (CUPE)

Julie Weller
Employer Counsel
Mathews Dinsdale

In this webinar, expert panelists will address noteworthy cases, cross-country trends, and legislative and policy developments of the past year relating to workers’ compensation. The webinar will address questions such as:

When will misconduct by a worker, such as drinking and driving in the course of work, cause the worker to be ineligible for compensation for related injuries?
When will a contractor or subcontractor be considered a “worker” of the contracting company such that they are eligible for benefits and barred from pursuing civil claims relating to workplace injuries? What factors and policy considerations may the court or adjudicator take into account?
What privacy protections apply to personal information about a worker received by an employer through a workers’ compensation claim?
What lessons can be learned from recent court and tribunal decisions addressing coverage for chronic or traumatic mental stress? What evidence is required?
What noteworthy legislative or policy changes have been implemented in the past year? For example:

What is required by the “duty to cooperate” and “duty to maintain employment”, recently introduced in British Columbia?
In which provinces are “gig workers” covered under workers’ compensation legislation?
What changes have recently been implemented relating to coverage for psychological injuries sustained in the workplace and related evidentiary requirements?

Topics will be finalized in the weeks prior to the webinar, ensuring coverage of the latest and most important developments.
AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Compliance and Compassion: Providing representation while accommodating disabilities and meeting professional obligations
2024-11-05 12:30 - 14:00 UTC
Moderator

Sarah Atkinson
Arbitrator/Mediator

Speakers

Shannon Carson
Union Counsel
Myers LLP

Michael Horvat
Employer Counsel
Aird & Berlis LLP

In this webinar, expert panelists will explore best practices for legal practitioners and labour relations professionals when representing employees who may present as “difficult to work with” (e.g. combative, non-responsive, or invested in their matter to an above-average degree) in internal complaints, grievance or arbitration procedures, or other proceedings, outlining practical guidance for providing compassionate representation while meeting legal and regulatory obligations. Topics to be addressed include:

What key rules of professional conduct establish legal practitioners’ obligations when representing grievors or complainants? When engaging with a grievor or complainant on behalf of an employer? What legal duties apply to union representatives?
How can parties distinguish a “vexatious” grievor or complainant from an individual who simply needs additional support? Is there any mechanism through which “vexatious” matters can be addressed on a preliminary basis?
How should legal practitioners and labour relations professionals respond when, in the course of representing a grievor or complainant, that individual:

Is combative or hostile toward the representative or others?
Is non-responsive?
Appears excessively invested in the matter, repeatedly contacting the representative, the employer, or others?
Appear to have a diminished capacity to make decisions?

How may an employee’s disability impact how they engage with their representative and others? What signs may indicate that an employee has a mental health condition or other disability impacting their conduct? How should legal practitioners and labour relations professionals respond and what legal duties are engaged in this context?
How might trauma, cultural factors, or previous experiences of discrimination impact the manner in which an individual acts throughout a complaint or grievance? How might trauma-informed and intersectional approaches assist?
How can legal practitioners and labour relations professionals ensure that their own biases do not impact the manner in which they represent or engage with employees?

AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program contains 0 hour(s) and 45 minutes of Professionalism Content.

This program contains 0 hour(s) and 45 minutes of EDI Professionalism Content.

This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Attendance Management: Addressing issues raised by disabilities, remote work, childcare and elder care, and absences due to illness and emergencies
2024-11-21 12:30 - 14:00 UTC
Moderator

James Cameron
Arbitrator/Mediator
Cameron Mediation Arbitration

Speakers

Chris Bryden
Union Counsel
Ryder Wright Blair & Holmes

Roxana Jangi
Employer Counsel
Dentons Canada LLP

Employers often utilize attendance management programs (“AMPs”) to address employee absenteeism. How can AMPs be developed, implemented, and communicated to employees properly to ensure compliance with human rights laws, privacy laws, and employees’ rights under a collective agreement? In this webinar, experts will explore:

What is an AMP?
How can employers strike a balance between the need to ensure attendance at work and the duty to accommodate employees with disabilities? Should an AMP have special provisions for absences related to addiction, alcoholism, and other disabilities? How should AMPs be designed to address absences related to emergencies and family status, including childcare and eldercare?
What kind of medical information can employers require employees to provide under an AMP? Are consistent rules about required medical documentation appropriate or should the need for an employee’s medical information be considered on a case-by-case basis?
How should AMPs be implemented in hybrid or remote workplaces? What surveillance practices, if any, have arbitrators found objectionable?
What elements should an AMP contain for it to withstand arbitral scrutiny for reasonableness? When can AMPS be deemed discriminatory or encroaching upon employees’ privacy rights? How should threshold levels of attendance at each stage of the program be set so that they are not arbitrary or unreasonable?
What are best practices in communicating AMPs to employees? What role can workplace policies play in effectively communicating AMPs to employees?
Is it a best practice to negotiate collective agreement provisions that address attendance management? Why or why not? What are some examples of attendance management clauses that unions and employers have included in collective agreements?

AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Wrongful Dismissal Update: Recent court decisions you need to know about
2024-12-10 12:30 - 14:00 UTC
Moderator

Sheilagh Murphy
Arbitrator, Mediator, and Independent Workplace Investigator
MacNab Fagan & Murphy

Speakers

Kimberly Boara Alexander
Employee Counsel
KBA Partners LLP

Dianne Rideout
Employer Counsel
Cassels Brock & Blackwell LLP

In this webinar, panelists will examine noteworthy wrongful dismissal decisions from the past year, providing a comprehensive update on key cases and cross-country trends. The webinar will address topics such as:

What types of conduct have been found to amount to “just cause” in recent cases? In what circumstances have employers successfully relied on “after-acquired cause”?
What words or phrasing have courts found may invalidate a termination clause in an employment contract? How do courts differ between provinces in terms of their approach to interpreting such clauses and their willingness to uphold or declare them void?
Are terms added to an employment offer after it is signed enforceable? Is the existence or the adequacy of a quid pro quo (consideration) determinative of whether an employment contract is binding?
Will an invalid termination clause in an employment contract render the fixed-term provisions of the contract void?
Can an employer claim that an employment contract has been frustrated due to economic hardship alone?
Can an employer be found to have repudiated a contract as a result of its conduct when terminating an individual’s employment?
What factors have courts considered in recent cases when determining whether an employee has satisfied the duty to mitigate? Are employees working under a fixed-term contract subject to the duty to mitigate?
What types of conduct have prompted courts to award aggravated/moral or punitive damages in recent cases?
What lessons can be learned from recent unjust dismissal cases? Can employees who have been unjustly dismissed be awarded both statutory severance pay and damages for lost wages?

Topics will be finalized in the weeks prior to the webinar, ensuring coverage of the latest and most important developments.
AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Lancaster Speaker Series: Dr. Charl Els - Introducing Best Practices for the Independent Medical Examination (IME) of Mental and Behavioural Disorders
2025-01-28 12:30 - 13:30 UTC
SpeakersDr. Charl Els
Psychiatrist, Addiction Specialist, and Occupational Physician
Clinical Professor
Department of Psychiatry and Department of Medicine
University of Alberta
ProgramOccupational mental health disability claims continue to increase. As the physical impact of COVID-19 has diminished, the mental and behavioural impact continues. Given the pre-existing service gap in mental health service delivery in Canada, the pandemic has exacerbated what was already clearly an issue.
Along with other pre-existing factors, this resulted in an increased demand for mental and behavioural disorder independent medical examinations (M&BD IMEs, or psychiatric/psychological IMEs). There exists a need for broad adoption of IME best practice guidelines and standards for M&BD IME service providers. Anecdotally, despite the high cost of requesting an IME, and the relatively invasive nature of the assessment, IME report quality and validity varies widely, with at times questionable ability of such reports to stand up to judicial scrutiny.
This presentation introduces a best practice IME standard aligned with Canadian jurisprudence. It reflects appropriate use of the current Diagnostic and Statistical Manual of Mental Disorders (DSM) nomenclature, while incorporating updates from recent Guides to the Evaluation of Permanent Impairment. Most importantly, it provides an empirical mechanism to remedy the most salient challenge encountered in the validity of IMEs today, i.e. the absence of sufficient objectivity in an otherwise subjective psychiatric assessment process. Further work is underway for inclusion of a national standard in Canadian Occupational Medicine and Civil Forensic practice and program settings.
AccreditationCPD

This program has been approved by CPHR Alberta for 1 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1 Continuing Professional Development hours.

This program has been approved for 1 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia for 1 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider counting this program for 1 Continuing Professional Development hour.
Members of the Law Society of Ontario may consider this program for 1 Substantive hour; 0 Professionalism hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 1 Continuing Professional Development hours.

Additional InformationRegistration Fee – Single Attendee
Live webinar, video, and MP3 Bundle: $195
Live webinar: $125
Video and MP3: $125
(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 and MP3 file are available for download and viewing one business day after the live event. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording and MP3 files. For purchases for upcoming events, once the video recording and MP3 file are available, registrants will receive an update e-mail informing them that the links are now ready.

Annual Human Rights Update: The latest cases and legislative developments
2025-01-30 12:30 - 14:00 UTC
Moderator

Michelle Farrell
Mediator, human rights lawyer, and workplace investigator

Speakers

Amarkai Laryea
Union Counsel
RavenLaw LLP

Stephanie Yang Morris
Employer Counsel
MLT Aikins

In this webinar, experts will examine recent noteworthy developments in workplace human rights law. Panelists will address questions including:

What lessons can be learned from recent cases addressing the adequacy of workplace investigations into allegations of harassment and discrimination? What information relating to the outcome of the investigation must employers convey to affected employees?
How have arbitrators and human rights tribunals resolved evidentiary challenges relating to establishing subtle or systemic forms of discrimination? Does the caselaw reflect a growing recognition of certain pervasive stereotypes and biases such that expert evidence on these points is no longer required?
What do recent cases suggest about when an employee’s beliefs, such as ethical veganism or an opposition to vaccination, constitute protected beliefs under human rights legislation? When will disciplining or dismissing employees due to their expression of unpopular, controversial, or allegedly discriminatory views violate their religion- and creed-based rights?
When may refusing to allow an employee to work from home constitute discrimination on the basis of family status?
What lessons can be learned from recent caselaw regarding best practices for promoting and respecting gender diversity and neurodiversity at work?
How have decision-makers in recent cases balanced an employee’s human rights against other workplace considerations, such as health and safety requirements?
In what jurisdictions have human rights tribunals been found to have concurrent jurisdiction with labour arbitrators over human rights claims of unionized employees?
Is a cap on damages under human rights legislation legally valid?
What noteworthy legislative and policy initiatives have recently been introduced impacting human rights at work? For example:

What amendments to the federal Employment Equity Act have been announced following the Report of the Employment Equity Act Review Task Force?
What is required under the new return to work obligations introduced in B.C.’s and Nova Scotia’s workers compensation legislation? How do these duties intersect with parties’ obligations under human rights legislation?
What are the implications of the Ontario Human Rights Commissions’ new policy statement on caste-based discrimination?

Final selection of cases and topics will take place in the weeks leading up to the webinar, ensuring coverage of the latest and most newsworthy developments.
AccreditationCPD

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Dealing with Discrimination in the Workplace
2025-02-13 12:30 - 14:00 UTC
Moderator

Gurleen S. Sahota
Vice-Chair
British Columbia Labour Relations Board

Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

Speakers

Aubrey Gonsalves
Diversity Vice-President
Canadian Union of Public Employees (CUPE) National

Sania Chaudhry
Labour, Employment and Human Rights Lawyer, Workplace Investigator
Forte Workplace Law

Tana Turner
Principal
Turner Consulting Group Inc.

Discrimination can have a profound impact on the physical and mental health of employees, as well as their motivation and engagement in the workplace. In this webinar, a panel of experts will provide practical guidance on how employers and unions can foster a work environment that ensures the full and fair participation of employees.

What is systemic racism and how does it differ from individual racism? How have systemic barriers to recruitment, retention, and promotion been remedied in recent caselaw?
Is a culture of lax enforcement of respectful conduct a defense to an allegation of harassment? What impact does an organization’s culture have on the impact on people’s ability to raise complaints of harassment and discrimination?
Can employees’ benefits be cut back upon retirement?
To what extent must the childcare or elder care needs of employees be taken into account by employers?
Are employers entitled to ask employees details about their medical conditions rather than about restrictions on their ability to perform their duties? What length must employers go to in accommodating employees’ disabilities?
What are the required features of an effective workplace policy on discrimination?

AccreditationCPD

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Annual Labour Law Update: The latest cases and legislative developments
2025-02-21 12:30 - 14:00 UTC
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

Moderator

Karine Pelletier
Chairperson
Manitoba Labour Board

Speakers

Graham Christie
Employer counsel
MLT Aikins

Alison McEwen
Union Counsel
RavenLaw LLP

In this webinar, experts will explore recent noteworthy developments in labour law. Panelists will address questions including:

What lessons can be learned from recent cases addressing freedom of association and government involvement in collective bargaining? When will legislation or other government actions which impact collective bargaining be found to be unconstitutional or otherwise invalid?
Are employers entitled to discipline or demote employees for expressing unpopular or controversial views at work? When can employers discipline or discharge employees for off-duty conduct, such as exchanging inappropriate text messages about a colleague in a private group chat?
When will an employer’s search of an employee’s work or personal device be considered an unreasonable violation of privacy? When will the Charter apply?
When will an employer’s remote work policy requiring employees to attend in-office certain days of the week be found to be unreasonable and/or in breach of the parties’ collective agreement?
Under what circumstances have arbitrators in recent cases found requests for substance use testing to be unreasonable or improper?
What trends are discernible in recent discipline and discharge cases? When may an employer be held liable for damages for the manner in which an employee is dismissed?
What noteworthy federal and provincial legislative initiatives have recently been introduced? For example:

Which jurisdictions have introduced legislation restricting the use of strike replacement workers and what are the implications of such legislation?
What challenges have arisen in implementing new federal legislation requiring disclosure of measures to prevent forced labour and child labour in supply chains?
What is required under the new return to work obligations introduced in B.C.’s and Nova Scotia’s workers compensation legislation?
What changes have been implemented through the latest installments of the Ontario government’s Working for Workers series of legislation?
Which jurisdictions have introduced legislation bringing “gig workers” within the scope of employment standards and workers’ compensation legislation?

Final selection of topics will take place in the weeks leading up to the webinar, ensuring coverage of the latest and most newsworthy developments.
AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Faith at the Fore: Key principles and recent decisions relating to religious accommodation at work
2025-02-27 12:30 - 14:00 UTC
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

Moderator

Patricia Harewood
Member
Federal Public Sector Labour Relations and Employment Board (FPSLREB)

Speakers

Connie Cheung
Employer Counsel
Sherrard Kuzz LLP

Sandy Donaldson
Labour Relations Officer
Ontario Nurses’ Association (ONA)

Roberta Vriesema
Mediator
RJ Mediation Services

In this webinar, experts will examine recent cases and provide guidance on key issues regarding the accommodation of religious beliefs in the workplace. Topics to be addressed include:

How have “religion” and “creed” been defined by courts and human rights bodies? What types of non-religious belief systems have been considered to fall under the protected ground of “creed”?
What types of information or “proof” may employers or unions request to substantiate an employee’s religious belief or practice?
What lessons can be learned from recent COVID-19 vaccination cases in which employees alleged discrimination on the basis of religion or creed? How have decisions-makers distinguished between protected beliefs and political views or personal preferences? In what circumstances have employees’ beliefs about vaccination been found to be sufficiently connected to their religion or creed?
How should employers and unions respond when an employee espouses religious or creed-based beliefs in the workplace which may infringe the human rights of other employees?
In what ways have human rights bodies recognized the potential intersection between discrimination on the basis of religion or creed and discrimination on the basis of other protected grounds, such as ancestry, colour, race, ethnic origin, place of origin, or family status?
What are some examples of collective agreement language that have recently been negotiated to promote religious diversity at work? What policy changes and other workplace practices can employers and unions implement to this effect?
What obligations do unions bear in ensuring employees’ religious beliefs are respected and upheld? What lessons may be learned from recent cases in which employees alleged that the failure to advance grievances relating to alleged religious- or creed-based discrimination constituted a breach of the duty of fair representation?

AccreditationCPD

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Supporting Complainants, Addressing Root Causes: Trauma-informed approaches to workplace violence, harassment, and bullying
2025-03-13 12:30 - 14:00 UTC
Understand Trauma-Informed Approaches in the Workplace
Across all sectors, organizations are recognizing how much they can gain from applying trauma-informed principles when addressing workplace violence, harassment, and bullying. In this webinar, experts will explore the benefits to employers, unions, and employees of adopting trauma-informed principles. Specifically, panelists will discuss:

What does it mean to be trauma-informed? What does it mean to implement trauma-informed approaches in labour relations processes?
What legal obligations do employers and unions have to protect and promote employee mental health in the workplace and to address workplace violence, harassment, and bullying? How may adopting trauma-informed approaches help ensure that employers and unions meet these obligations?
What are some trauma-informed best practices that employers and unions can employ throughout internal complaint, alternative dispute resolution, performance management, disciplinary, or accommodation processes?
Why are trauma-informed approaches important when conducting investigations into allegations of workplace violence, harassment, or bullying? What does recent caselaw suggest regarding what constitutes an appropriate investigative process and how may trauma-informed approaches assist in ensuring a fair, adequate, and effective process?
Can employers and unions be held liable for failing to employ trauma-informed approaches?
What does evidence suggest regarding how trauma-informed approaches can help to improve employee retention, reduce workplace violence, harassment, and bullying, and create psychologically safe workplaces?

Additional InformationMaterials
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.
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

AccreditationCPD

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Moderator

Sharon Naipaul
Mediator/Investigator
Strategic Workplace Equity and Conflict Resolution Solutions

Speakers

Ashton Butler
Employer Counsel
MLT Aikins

Nadja Rence
Lawyer, Workplace Investigator
Southern Butler Price

Shyama Talukdar
Union Counsel
Paliare Roland Rosenberg Rothstein LLP

One Strike and You’re Out: When will misconduct warrant immediate dismissal? When is progressive discipline required?
2025-04-24 12:30 - 14:00 UTC
In this webinar, seasoned labour counsel will examine recent caselaw regarding when an employee’s misconduct may warrant immediate dismissal and when the application of progressive discipline may first be required. Panelists will address questions including:
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

What types of conduct may warrant immediate dismissal without application of progressive discipline? How does the analysis differ as between unionized and non-unionized environments?
What mitigating or aggravating factors in recent cases have impacted the determination as to whether immediate dismissal was warranted? How will an organization’s workplace culture affect the analysis?
Will an employee’s immediate dismissal be found to be inappropriate if the employer imposed a different penalty on other employees engaging in similar misconduct?
What is “condonation,” and how will it impact the determination of whether immediate dismissal is warranted?

How will the determination be affected, where:

a “penalty provision” stipulates a severe consequence for a specific type of workplace misconduct?
the employer has a “zero tolerance” policy in place?
there is a “last chance agreement” in place?

When may an employer rely on earlier misconduct by an employee in support of more serious disciplinary consequences for subsequent misdeeds?
What consequences flow from a court’s or arbitrator’s finding that an employer improperly failed to apply a progressive approach to discipline?

Moderator

Gordon Nekolaichuk
Vice-Chair
Alberta Labour Relations Board

Speakers

Marjorie Savoie
National Representative
Canadian Union of Public Employees

Justina Sebastiampillai
Employer Counsel
Stikeman Elliott LLP

AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.

Relative Accommodations: An update on family status discrimination (childcare, eldercare, spousal responsibilities, etc.)
2025-05-08 12:30 - 14:00 UTC
The applicable test for prima facie discrimination on the basis of family status varies across jurisdictions, creating uncertainty in the absence of definitive guidance from the Supreme Court of Canada. This panel will critically examine how decision-makers address the growing range of family status claims and explore emerging trends in this area of law. Specifically, panelists will address:
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

What are the various tests for establishing prima facie discrimination based on family status in Canada — including the Moore, Johnstone, Misetech, and Campbell River tests — and in which jurisdictions are they applied?
What approach do decision-makers take to family status discrimination cases in Ontario? What is the Johnstone test and is it still good law? What is the impact of the Ontario Human Rights Tribunal’s Misetech v. Value Village Stores Inc. decision? What approach have decision-makers taken post Misetech?
What is the current legal approach to family status discrimination in British Columbia? What impact has the B.C. Court of Appeal’s Gibraltar Mines decision had on family status discrimination claims in the province?

What forms of caregiving fall under the scope of family status protection? Which relationships are protected? What types of activities, responsibilities, and obligations flowing from these relationships give rise to legal protection?
What constitutes a serious interference with a family obligation such that it will amount to family status discrimination? How can employers and unions distinguish between protected family responsibilities and personal preferences?
What kinds of accommodations have courts recognized as reasonable accommodations? What qualifies as “undue hardship” for an employer when it comes to family status accommodation?
What are the emerging trends in damage awards for discrimination, failure to accommodate, and reprisals relating to family status claims?

Moderator

Krista Smith
Founder, Root & Branch – Workplace Conflict Resolutions Inc.

Speakers

Dayna Steinfeld
Union Counsel
Ravenlaw LLP

Melanie Vipond
Employer Counsel
Gall Legg Grant Zwack

AccreditationCPD

This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia 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 Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
