Lancaster House

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

From Conflict to Calm: Dealing with high-conflict behaviour in the workplace (Virtual Event)
2024-06-25 12:00 - 16:00, 2024-03-26 12:00 - 16:00 (America/New_York) | Virtual Event
Program Leader

Michael Lomax
Mediator

High-conflict behaviour is characterized by unmanaged emotions, extreme reactions, preoccupation with blaming others, and prolonged, unresolved conflict. Such behaviour not only seriously damages relationships in the workplace but also frequently results in complaints of bullying and harassment, grievances and other legal headaches for both employers and unions. This in-depth training session will equip participants with the knowledge and skills necessary to prevent high-conflict behavior from disrupting both employer and union operations and giving rise to costly litigation.
Participants will learn:

Brain science behind high-conflict behaviour, including current knowledge about High-Conflict Personalities (HCPs)
Principles of progressive discipline and accommodation that apply to dealing with high-conflict behaviour
Strategies for managing your own anxiety when dealing with HCPs
Approaches to coaching HCPs to take responsibility for resolving their own conflicts in the workplace
Practical techniques ready to be used in the workplace, including:
Connecting skills – using empathy, attention and respect (E.A.R.) to communicate and build effective working
relationships with HCPs
Assertion skills – using brief, informative, friendly, but firm (B.I.F.F.) responses to counter misinformation or
hostility

Please contact customerservice@lancasterhouse.com for more details.
CPD

This program has been approved for Continuing Professional Development 4 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 4 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 4 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 4 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 4 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may count this program for 4 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 4 Substantive Hours; 0 Professionalism Hours.

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

Workplaces that Work: Building and maintaining productive union-management relationships (Virtual Event)
2024-06-17 12:00 - 2024-06-18 16:30 (America/Toronto) | Virtual Event
Both days start at 12:00 p.m. ET
Both days end at 4:30 p.m. ET
In partnership with the University of Toronto Centre for Industrial Relations and Human Resources.
Program Leader

Blaine Donais
Lawyer and Mediator
Workplace Fairness International

Alex Brat
Senior Executive Director, Labour Relations
University of Toronto

Program DetailsCollective bargaining, contract administration, and occupational safety have always involved close contact between unions and employers, but the areas of required interface have increased dramatically and become more complex. Protecting psychological health and safety, preventing harassment, promoting equity, diversity, and inclusion (EDI), and ensuring civility and respect are all tasks that require positive, productive working relationships between unions and employers. This intensive two-day seminar will prepare management and union representatives to work together on these issues.
Through panel discussions and comprehensive walkthroughs with experts, participants will learn to:

Appreciate the legal and practical roles of union and employer representatives in developing and maintaining a productive working relationship;
Reduce the risk of negative conflict between workplace participants;
Promote a healthy workplace;
Build the communication framework and trust necessary to deal with key areas of mutual interest to employers and unions, including:

Protecting psychological health and safety;
Preventing harassment and violence;
Promoting equity, diversity, inclusion, and belonging;
Ensuring civility and respect;
Restoring workplaces that have become toxic.

CPD

This program has been approved by CPHR Alberta for 8.5 Continuing Professional Development hours per session.

This program has been approved by CPHR BC & Yukon for 8.5 Continuing Professional Development hours per session.

This program has been approved for Continuing Professional Development 8.5 hours per session under Category 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 Colombia for 8.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 8.5 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 8.5 Substantive Hours; 0 Professionalism Hours, per session.
Members of the Nova Scotia Barristers’ Society may count this program for 8.5 Continuing Professional Development hours, per session.

Calgary Labour Arbitration and Policy Conference: Current practices, emerging trends
2024-06-13 - 2024-06-14 | The Westin Calgary, 320 4 Avenue Southwest, Calgary, Alberta, T2P 2S6, Canada
Sponsored by:We would like to thank Field Law for their generous sponsorship of the 42nd Annual Labour Arbitration and Policy Conference presented by Lancaster House.
The Westin Calgary - Discounted Room
Book by Friday, May 10, 2024
Book NowCalgary Labour Arbitration and Policy ConferenceConference Co-Chairs

Kristan McLeod
Union Counsel
Chivers Carpenter Lawyers

Laura Mensch
Employer Counsel
Borden Ladner Gervais LLP

Karen Scott
Arbitrator

Conference Advisory Committee

E. Wayne Benedict
Union Counsel
McGown Cook Barristers & Solicitors

James Casey
Arbitrator/Mediator Labour
Arbitration + Mediation

Stephanie Henry
Employer Counsel
Bennett Jones LLP

David Lardner
Union Representative, Disputes and Arbitration
Alberta Union of Provincial Employees (AUPE)

Erin Ludwig
Associate General Counsel
Labour and Employment Legal and Privacy
Alberta Health Services (AHS)

Kathryn Oviatt
Chief of the Commission and Tribunals, Alberta Human Rights Commission

Thursday, June 13, 2024Workshop*Workshops sold separately from stand-alone conference.
Breakfast: 8:00 a.m. – 9:00 a.m. M.T.
Concurrent Workshops:
(The schedule below will run concurrently for all three workshops until 4pm)
Workshop 1: Disabilities That Elude Diagnosis: Accommodating employees with poorly understood conditions

Ashton Butler
Employer Counsel
MLT Aikins

Dr. Charl Els
Psychiatrist, Addiction Specialist, and Occupational Physician
Clinical Professor
Department of Psychiatry and Department of Medicine
University of Alberta

Sophie Purnell
Employee Counsel
Purnell Employment Law

Anne Wallace
Arbitrator/Mediator

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, expert panelists will examine key legal principles and best practices for accommodating employees with these conditions. Speakers will address:

Examples of common medical conditions that elude diagnosis, or that are considered “diagnoses of exclusion” (including “long COVID”);
Legal limits on the type and extent of medical information that employers can request from employees;
How to effectively formulate requests for medical information where an employee’s condition cannot be confirmed using a clinician’s diagnostic test;
How to respond when there is a lack of available medical practitioners with the requisite knowledge or expertise to assess and attest to an employee’s condition;
How to approach employees/union members about needed information with sensitivity;
How stereotypes and stigmas associated with such medical conditions can contribute to the challenge of providing accommodation;
Types of accommodations that may be of assistance to an employee suffering from persistent or chronic symptoms;
Whether an employer can 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; and
Understanding when undue hardship has been established and the duty to accommodate is at an end.

Workshop 2: Reading it Right: Essential and emerging principles of collective agreement interpretation

David Lardner
Union Representative, Disputes and Arbitration
Alberta Union of Provincial Employees (AUPE)

Chris S. Monfette
Employer Counsel
Neuman Thompson

Leanne Young, K.C.
Legal Counsel,
Chartered Arbitrator, Mediator and Adjudicator
Resolve ADR

An understanding of the principles of contract interpretation is indispensable for anyone involved in the negotiation or administration of a collective agreement, from front-line managers and union representatives to advocates in the arbitration process. The ground rules of collective agreement interpretation have seen a notable shift in recent years. While the traditional techniques of reading a collective agreement, such asthe “plain meaning” rule, still play a central role, arbitrators increasingly utilizeuse a more “contextual” approach that takes into account relevant background in order to determine the parties’ intent. In this workshop, experienced counsel will equip participants with the knowledge they need to deal effectively with the wide array of interpretation disputes that arise in a unionized setting.

What are the most commonly applied rules of collective agreement interpretation?
What is the difference between the “plain meaning” approach and a purposive approach?
When can evidence of past practice or negotiating history be used as an aid to interpretation?
How do arbitrators reconcile negotiated contract language and the contrary provisions of employment-related statutes, e.g. human rights and employment standards legislation?
What is “contextual evidence,” as set out by the Supreme Court of Canada in the Sattva case? In what circumstances can such evidence be admitted and relied upon to shed light on the meaning of a disputed clause?
How has the use of the “contextual” approach changed the way in which established rules of interpretation are applied?
What are the limits of contextual evidence as an interpretive tool?
How have arbitrators in recent cases utilized contextual evidence to resolve disputes about the proper interpretation and application of a collective agreement provision?

Workshop 3: Denial, Defensiveness, and Personality Disorders: Dealing with difficult accommodations

Shelly Bischoff
Founder & Director
Ptolemy & Associates Inc.

Monica Bokenfohr
Employer Counsel
Neuman Thompson

Cherie Langlois-Klassen
Union Counsel
Blair Chahley Klassen

Dr. Perry Sirota
Clinical & Forensic Psychologist
Sirota Psychological Services

Accommodating employees with disabilities that impair their judgment, perception, and ability to cooperate can be challenging. Unfortunately, mental health disabilities, such as mood disorders, can often impact the very abilities necessary for an individual to engage in the accommodation process.
Working through interactive exercises and realistic scenarios with the guidance of experts, participants will develop the knowledge and skills necessary to:

develop an understanding of how common disabilities may impede a worker’s ability to participate in the accommodation process;
demonstrate effective communication skills when interacting with resistant or uncooperative employees;
understand responsibilities surrounding the duty to inquire, obtaining medical records, and related privacy legislation;
comply with union and management legal obligations when workers are unwilling or unable to participate in the accommodation process; and
identify when the threshold of undue hardship is reached.

Workshop Schedule

Introductory remarks: 9:00 a.m. – 9:10 a.m. M.T.

Workshop: 9:10 a.m. – 10:25 a.m. M.T.

Morning break: 10:25 a.m. – 10:40 a.m. M.T.

Workshop: 10:40 a.m. – 11:55 a.m. M.T.

Lunch: 11:55 a.m. – 1:05 p.m. M.T.

Workshop: 1:05 p.m. – 2:20 p.m. M.T.

Afternoon Break: 2:20 p.m. – 2:35 p.m. M.T.

Workshop: 2:35 p.m – 4:00 p.m M.T.

Cocktail networking reception: 5:00 p.m – 7:00 p.m M.T.

Co-chair remarks and introduction of keynote: 7:00 p.m – 7:05 p.m M.T.

Keynote - The Honourable Chief Justice Ritu Khullar - 7:10 p.m. – 7:40 p.m. M.T.

Ritu Khullar
The Honourable Chief Justice Ritu Khullar

Evening Plenary: Arbitrating AI: Debating the strengths and limitations of AI in labour relations - 7:45 p.m. – 9:00 p.m. M.T.

Wilson Chan
Employer Counsel
Mathews Dinsdale & Clark LLP

Natalia Makuch
Union Counsel
Chivers Carpenter Lawyers

Kelly Williams-Whitt
Arbitrator/Mediator
Professor, Human Resources and Labour Relations
Dean, Faculty of Business, Communication Studies and Aviation, Mount Royal University

Given the lack of Canadian arbitration decisions on the use of artificial intelligence (“AI”) to select and manage employees, this session will provide employers and unions with the best available insight into how grievances against such uses of AI would be mounted, defended, and decided. Experienced union and management counsel will join an arbitrator to discuss a union challenge to algorithmic management drawn from US caselaw and a challenge to a program designed to vet job candidates. Specific issues to be addressed include:

What principles in existing arbitral jurisprudence or legislative provisions could be invoked to challenge an employer’s use of algorithmic management (i.e. use of AI and data to manage employees)?
Can employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?
What arguments for and against the use of algorithmic management would arbitrators in Alberta find most compelling?
What legal concerns are raised when an employer uses AI to assess candidates’ suitability for positions?
What privacy concerns are raised by using AI to evaluate job applicants based on their internet activity?

Friday, June 14, 2024Breakfast: 8:00 a.m. – 8:45 a.m. M.T.
Plenary 2 - Current and Critical: Major developments in legislation and caselaw - 8:45 a.m. – 10:00 a.m. M.T.

Greg Francis
Arbitrator and Mediator

Maurice Dransfeld
Employer Counsel
McLennan Ross LLP

Dana Christianson
Union Lawyer
Seveny Scott Lawyers

In this session, experts will examine recent significant developments in federal and provincial labour law. Panelists will address the latest cases on topics such as:

discrimination, harassment, and accommodation;
government intervention in collective bargaining;
privacy;
discipline;
contracting out, statutory freeze issues, and illegal strikes; and
key issues at interest arbitration, including inflation, recruitment and retention, minimum wage increases.

Panelists will also discuss recent legislative initiatives, such as:

Federal legislation to ban the use of strike replacement workers;
The recent report of the Employment Equity Act Review Task Force and related changes to the Act;

Limiting the importation of goods involving the use of forced labour and child labour in international supply chains; and
The impact of Alberta’s recently introduced Public Sector Employer Amendment Act, 2023.

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments.
Morning break: 10:00 a.m. – 10:15 a.m. M.T.
Plenary 3 - Off-Duty, Off-Base? Balancing employees’ freedom of speech and employers' interests - 10:15 a.m. – 11:20 a.m. M.T.

Melissa Luhtanen
Senior Legal Counsel
Alberta Human Rights Commission

Kelly Nicholson
Employer Counsel
Field Law

Dan Scott
Partner
Seveny Scott

Tensions sometimes arise between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced? In this session, a panel of experts will address these questions:

What is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?
Can employers discipline employees for private statements and/or expressions made outside the workplace?
To what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?
What is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?

Break: 11:20 a.m. – 11:35 a.m. M.T.
Concurrent session: 11:35 a.m. – 12:35 p.m. M.T.
Pick 1 of 3
Concurrent 1: Investigations under the Magnifying Glass: Examining current practices and recent caselaw
Concurrent 2: Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?
Concurrent 3: Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces
Lunch: 12:35 p.m. – 1:45 p.m. M.T.
Concurrent session continued: 1:45 p.m. – 2:45 p.m. M.T.
Pick 1 of 3
Concurrent 1: Investigations under the Magnifying Glass: Examining current practices and recent caselaw
Concurrent 2: Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?
Concurrent 3: Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces
Afternoon break: 2:45 p.m. – 3:00 p.m. M.T.
Plenary 4 - Is it Harassment or Not? An interactive panel with case studies and scenarios - 3:00 p.m. – 4:15 p.m. M.T.

Kait Carey
Lawyer and Workplace Investigator
Southern Butler Price

Ella Henry
Counsel
Canadian Union of Public Employees (CUPE)

Jackie Laviolette
Employer Counsel
Matthews Dinsdale & Clark LLP

In Alberta, workplace harassment is defined as “any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to a worker, or adversely affects the worker’s health and safety.” In many instances conduct or comments will clearly meet this definition. In many instances impugned conduct or comments will clearly meet this definition, but in other cases debate may arise as to whether the alleged harasser ought reasonably to have known that certain comments or conduct would be unwelcome.

Should a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not, why not?
What role does a complainant’s lived experience as someone of a particular gender, race, or ethnicity play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be offensive or humiliating?
Does workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?
Is the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?
How is the reasonableness of management action assessed to determine whether or not it constitutes harassment?

Concurrent SessionsConcurrent 1 - Investigations under the Magnifying Glass: Examining current practices and recent caselaw

Alison Adam
Employer Counsel
McLennan Ross LLP

Dev Chankasingh
Labour Arbitrator, Mediator, Workplace Investigator, Employment Adjudicator
Dev A. Chankasingh Professional Corporation

David Mercer
Union Counsel
Nickerson Roberts Holinski & Mercer

In this session, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair, adequate, and effective investigations into human rights-related allegations. The panel will address questions including:

What lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?
When is retaining a third-party investigator necessary? What other alternatives are possible?
Can the grounds for an investigation be expanded after the investigation has already been commenced – for example, if an investigation reveals issues of systemic discrimination?
What are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process? How should investigatory meetings be approached where the person being interviewed has or is suspected to have a disability?
How much latitude do employers have to order investigations into off-duty conduct? May workplace investigators demand to examine employees’ personal devices, such as laptops or cellphones which employees use exclusively or primarily for personal purposes?
How should employers and unions approach investigations into workplace conduct which may have a criminal element?
What legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations?

Concurrent 2 - Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?

Dan Bokenfohr
Employer Counsel
McLennan Ross LLP

Gordon Nekolaichuk
Vice-Chair
Alberta Labour Relations Board

Karen Thibault
Union Representative
Disputes and Arbitrations
Alberta Union of Provincial Employees (AUPE)

Rights and responsibilities differ when engaging in job “coaching” or performance management as opposed to imposing formal discipline. In this session, expert speakers will examine key issues pertaining to disciplinary processes, addressing questions such as:

How can parties clearly differentiate job coaching and training, performance management, and discipline? When and to what extent can management take action to improve worker performance without amounting to a formal warning or disciplinary act?
What circumstances trigger an employee’s right to union representation? How have arbitrators distinguished meetings or discussions which are merely “investigatory” or otherwise non-disciplinary from those which are disciplinary and attract procedural protections?
Do employees have a right to remain silent in investigative meetings where they reasonably believe a disclosure may expose them to discipline? May employees be disciplined solely due to their decision to remain silent? When employees are or may be subject to criminal charges in relation to the factual circumstances underpinning an investigatory or disciplinary meeting, how can those employees protect themselves against self-incrimination?
What ought an employer do to ensure fairness toward an employee in the course of a disciplinary meeting or process? Where an employer fails to follow procedural requirements in relation to a disciplinary meeting, will this impact an arbitrator’s willingness to uphold a disciplinary measure?
Where a union representative participates in a disciplinary meeting, what is the scope of that representative’s role?
How may an employee’s conduct during a disciplinary meeting impact an arbitrator’s assessment as to whether to uphold the discipline?

Concurrent 3 - Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces

Jake Axelrod
Union Counsel
Nugent Law Office

April Kosten
Employer Counsel
Dentons

Sarah Taylor
Project Manager
Spectrum Advantage
Chief Executive Officer
Next Level ASD Consulting

Tonie Minhas
Project Manager, Neuroinclusion Services
AUTICON

On a societal level, there is increasing recognition that neurodivergence is a strength, not a deficit, and building inclusive, neurodivergent workplaces makes a positive impact. In this panel, experts will examine how employers can effectively recruit, retain, and accommodate neurodivergent employees, and how unions can support their neurodivergent membership. Specifically, the panel will address the following:

What does neurodivergence mean? What should workplace parties know about specific conditions such as Autism Spectrum Disorders (ASD), Attention-Deficit/Hyperactive Disorder (ADHD), and learning disabilities falling under the umbrella of neurodivergence? Do these conditions share any similarities? How might they affect an employee’s work performance?
How can businesses benefit from hiring neurodivergent employees?
What measures can employers put in place to effectively recruit neurodivergent employees? How can employers support/accommodate neurodivergent applicants throughout the recruitment process?
Considering the emphasis on self-identification in the neurodiverse community, must employees who identify as neurodivergent provide evidence of a medical diagnosis to access initiatives designed to recruit diverse employees? How should employers respond to these disclosures when they occur?
How do common stereotypes hinder the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to guard against these stereotypes?
What are the signs an employee may be struggling with work performance or workplace relationships because of a neurological difference such as ASD or ADHD? When does the employer have a duty to inquire as to whether the employee in question requires accommodation?
What are some examples of appropriate and effective accommodations for neurodivergent employees?
What accommodations should unions provide to neurodivergent members accessing union services and using union processes?
What kind of medical information can employers request from employees seeking accommodation on the basis of neurodivergence? Can a detailed neuropsychological evaluation report be required? How often, if ever, should updated medical information be requested from a neurodivergent employee, who, by definition, has a lifelong condition?

CPDConference CPD

This program has been approved by CPHR Alberta for 7.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 7.5 Continuing Professional Development hours.
The Calgary Labour Arbitration and Policy Conference has been approved by the Law Society of British Columbia for 7.5 Continuing Professional Development hours.

Workshop CPD

Each Pre-Conference Workshop has been approved by CPHR Alberta for 5.3 Continuing Professional Development hours.

Each Pre-Conference Workshop has been approved by the Law Society of British Columbia for 5.3 Continuing Professional Development hours.

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

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

Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions (Virtual Event)
2024-05-14 12:30 - 2024-05-15 16:00 (America/New_York) | Virtual Event
Each day goes from 12:30 p.m. to 4:00 p.m. E.T.
Program Leader

Jennifer Wootton
Lawyer & Workplace Investigator

Workplace harassment investigations require processes that are fair and effective. Procedural errors can be costly, resulting in irreparable harm to employees and reputational harm to employers. This session will equip human resources professionals, managers, and union representatives with the knowledge and skills necessary to ensure that investigations in their workplaces are thorough, balanced, and responsive to legal requirements.
Participants will learn to:

Evaluate harassment complaints
Choose appropriate, impartial investigators
Determine the appropriate mandate and scope of the investigation
Make sure investigations comply with applicable law and are procedurally fair
Appreciate how investigators should assess credibility and evidence
Address issues of confidentiality and privilege
Review investigation reports critically

Please contact customerservice@lancasterhouse.com for more details.
CPD

This program has been approved by CPHR Alberta for 6.3 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 7 Continuing Professional Development hours.

This program has been approved for 6 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.
This program has been approved by the Law Society of British Columbia for 7 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 7 substantive hours;
0 professionalism hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 7 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 | Virtual Event
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.

Atlantic Labour Law Conference: Current practices, emerging trends
2024-05-06 - 2024-05-08 | Halifax Convention Centre, 1650 Argyle Street, Halifax, Nova Scotia, B3J 0E6, Canada
Atlantic Labour Law ConferenceConference Co-Chairs

Chris Peddigrew
Arbitrator / Mediator / Investigator
Peddigrew Wade Law

Leah Kutcher
In-House Counsel
Nova Scotia Teachers Union

James LeMesurier
Employer Counsel
Stewart McKelvey

Conference Advisory Committee

Erin Delaney
Solicitor
Government of Newfoundland & Labrador

Jill Houlihan
Union Counsel
Pink Larkin

Ryan McCarville
Employer Counsel
McInnes Cooper

Paula Trites
Labour Relations Officer
New Brunswick Union of Public Employees (NBU)

Monday, May 6, 2024*Workshop sold separately from stand-alone conference.
WorkshopDifficult Accommodations: Responding to denial, defensiveness, and personality disorders

Michael MacDonald
Manager, Health Services
Jazz Aviation

Brad Proctor
Employer Counsel
McInnes Cooper

Wayne Thistle
Arbitrator/Mediator
Innovative Dispute Resolution Inc.

Accommodating employees with disabilities that impair their judgment, perception, and often their very ability to participate in the accommodation process itself can be challenging. Working through interactive exercises with the guidance of experts, participants will develop the knowledge and skills to:

Comply with management and union responsibilities surrounding the accommodation process, the duty to inquire, obtaining medical records, and related privacy legislation;
Understand how common disabilities and related stigma may impede a worker’s ability to participate in the accommodation process;
Apply effective communication skills when interacting with defensive or resistant employees;
Comply with legal obligations when workers are unwilling or unable to participate in the accommodation process; and
Identify when the threshold of undue hardship has been reached.

Schedule
Breakfast and registration: 8:00 a.m. – 9:00 a.m.
Introductory remarks: 9:00 a.m. – 9:05 a.m.
Workshop: 9:05 a.m. – 10:30 a.m.
Break: 10:30 a.m. – 10:45 a.m.
Workshop: 10:45 a.m. – 11:55 a.m.
Lunch: 11:55 a.m. – 1:05 p.m.
Workshop: 1:05 p.m. – 2:30 p.m.
Break: 2:30 p.m. – 2:45 p.m.
Workshop and closing remarks: 2:45 p.m. – 4:00 p.m.
Tuesday, May 7, 20248:00 – 9:00: Registration and breakfast
9:00 – 9:05: Opening Remarks
9:05 – 10:35: Panel 1 - Atlantic Update: Experts examine key cases and legislative developments

Nancy F. Barteaux, K.C.
Employer Counsel
Founder and Principal
Barteaux Labour and Employment Lawyers Inc.

James Farrell
Solicitor and Staff Representative
FFAW-Unifor

Brittany Keating
Partner
McInnes Cooper

John Whelan
Arbitrator
Whelan Dispute Resolution

In this session, experts will analyze noteworthy legal developments, discussing key cases and recent legislation. Topics to be addressed include:

Privacy;
Discipline;
Health and safety/workers’ compensation; and

Panelists will also discuss recent provincial and federal legislative amendments, including:

Pay equity;
Pay transparency;
Pensions;
Strike replacements;
Sick time/sick notes;
Minimum wages; and
Supply chain transparency.

Final selection of topics will take place in the weeks leading up to the conference ensuring coverage of the latest and most important developments.
10:35 – 10:50: Break
10:50 – 12:05: Panel 2 - Beliefs and Boundaries: Reconciling employee free speech and employer concerns

Isabelle Keeler
Employer Counsel
Cox & Palmer

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

Daniel Wilband
Counsel
Lawson Creamer

A tension sometimes arises between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced? In this session, a panel of experts will address these questions:

What is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?
Can employers discipline employees for private statements and/or expressions made outside the workplace?
To what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?
What is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?

12:05 – 1:25: Networking Lunch
1:25 – 2:10: Keynote - The Burnout Burger: The role of psychological safety in preventing burnout in the workplace

Dr. Dayna Lee-Baggley
Founder & CEO, Dr. Lee-Baggley and Associates
Assistant Professor, Faculty of Medicine, Dalhousie University
Adjunct Professor, Psychology Department, Saint Mary’s University

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.
2:10 – 2:25: Break
2:25 – 3:40: Panel 3 - Is it Harassment or Not? An interactive panel with case studies and scenarios

Frank Demont, K.C.
Arbitrator
Resolve Arbitration & Mediation Services

Christina Kennedy
Senior Labour Relations Counsel
Air Line Pilots Association, International

Michelle A. Willette
Employer Counsel
Cox & Palmer

In many instances conduct or comments will clearly meet the definition of harassment. However, in other cases debate may arise as to whether the alleged harasser knew or ought reasonably to have known that their behaviour was unwelcome, offensive, or harmful. In this session, panelists will highlight the degree to which reasonable minds may disagree about whether certain comments or conduct constitute harassment, probe the reasons behind such disagreement, and address questions such as:

Should a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not, why not?
What role do a complainant’s personal characteristics – gender and race, for example – play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be insulting or humiliating?
Does workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?
Is the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?
From the employer’s perspective, how is the reasonableness of management action assessed to determine whether or not it constitutes harassment?

3:40 – 3:45: Closing remarks
Wednesday, May 8, 20248:00 – 9:00: Registration and breakfast
9:00 – 9:05: Opening Remarks
9:05 – 10:20: Panel 4 - Facing the Public: Protecting workers from harassment and ensuring a safe workplace

Kiersten Amos
Employer Counsel
McInnes Cooper

Chantelle MacDonald Newhook
Arbitrator/Mediator/Investigator
Dispute Winners
Vice-Chair
Newfoundland and Labrador Labour Relations Board

Kyle Rees
Union Counsel
O’Dea Earle

Many forward-facing employees may experience violence and/or harassment from third parties such as clients, students, patients, customers, etc. In this session, experts will explore the scope of an employer’s legal duty to prevent third party violence against their employees, the rights and duties of employees in these circumstances, and the union’s role in preventing and responding to violence experienced by their membership. Questions to be addressed include:

What legal obligations do employers have to protect their employees from third-party harassment? Should workplace violence and harassment policies include specific provisions for dealing with third parties who become violent towards employees?
What steps must an employer take when they become aware that their staff are being harassed by a third party?
Does the legal obligation to protect the health and safety of employees extend to violence and harassment that occurs off-site? How do these obligations apply in the context of remote work?
What obligations do unions have to support members who are facing violence and/or harassment from third parties/the public? In what circumstances should unions grieve an employer’s failure to protect employees from third party violence and/or pursue remedies through the Ministry of Labour/Labour Relations Board?
What is the scope of an employee’s duty to report concerns about a patient, student, customer, or client?
What legal recourse is available to employees who have experienced violence or harassment from members of the public? In what circumstances may an employer be liable for discrimination and harassment perpetrated by non-employees or members of the public? What factors will an arbitrator consider when making this determination?
In what circumstances can employees refuse work on the basis that they believe they will experience violence from members of the public? Are there circumstances where workers who are excluded from the general right to refuse unsafe work under occupational health and safety legislation (i.e. police officers, firefighters, correctional officers, and health care workers), can refuse unsafe work on the basis that a patient/client/ etc. poses a danger?
What are the implications of Bill C-3, An Act to Amend the Criminal Code and the Canada Labour Code, which outlines enhanced protections for health care workers under the Criminal Code?

10:20 – 10:35: Break
10:35 – 11:50: Panel 5 - Working towards inclusion: Removing barriers to recruitment, retention, and promotion

David Delaney
Employee Relations Consultant and Employment Equity Coordinator
Halifax Employers Association

Michael Gillingham
Union Counsel
Martin Whalen Hennebury Stamp

Carey Majid
Executive Director
Newfoundland and Labrador Human Rights Commission

As concepts of workplace equality, diversity, and inclusion continue to evolve, many organizations are turning to new initiatives to address systemic discrimination in workplaces. In this session, experts will discuss:

How can systemic discrimination manifest in the workplace, and how can it be identified?
How can employers and unions proactively address impacts of systemic discrimination in the workplace?
How can systemic barriers manifest during hiring processes? How can employers best implement fair hiring practices to avoid discrimination and promote a more diverse workforce?
How can systemic barriers manifest during promotion processes? How can employers and unions best address and combat these barriers?
What policy changes can employers implement to prevent unintentional discriminatory consequences?
Is collective agreement language effective in fostering equity and creating a respectful workplace culture?
What steps are unions and workplaces taking to advocate for non-discriminatory workplace practices?

11:50 – 1:00: Lunch
1:00 – 2:15: Panel 6 - Investigating Investigations: Examining current practices and recent caselaw

Lisa Gallivan
Arbitrator, Mediator and Workplace Investigator

Andrea MacNevin
Employer Counsel
Barteaux Labour and Employment Lawyers Inc.

Ron Pizzo
Union Counsel
Pink Larkin

In this session, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair, adequate, and effective investigations into human rights-related allegations. The panel will address questions including:

What lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?
When is retaining a third-party investigator necessary? What other alternatives are possible?
Can the grounds for an investigation be expanded after the investigation has already been commenced – for example, if an investigation reveals issues of systemic discrimination?
What are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process? How should investigatory meetings be approached where the person being interviewed has or is suspected to have a disability?
How much latitude do employers have to order investigations into off-duty conduct? May workplace investigators demand to examine employees’ personal devices, such as laptops or cellphones which employees use exclusively or primarily for personal purposes?
How should employers and unions approach investigations into workplace conduct which may have a criminal element?
What legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations?

2:15 – 2:30: Break
2:30 – 3:45: Panel 7 - Addressing the Unknown: Arbitrators respond to the use of artificial intelligence

Robert Basque
Arbitrator
Forbes Roth Basque

Brenda Comeau
Union Counsel
Pink Larkin

Noella Martin
Employer Counsel
Burchell Wickwire Bryson LLP

Given the lack of Canadian arbitration decisions on the use of artificial intelligence (“AI”) to select and manage employees, this session will provide employers and unions with the best available insight into how grievances against such uses of AI would be mounted, defended, and decided. Experienced union and management counsel will join an arbitrator to discuss a union challenge to algorithmic management drawn from US caselaw and a challenge to a program designed to vet job candidates. Specific issues to be addressed include:

What principles in existing arbitral jurisprudence or legislative provisions could be invoked to challenge an employer’s use of algorithmic management (i.e. use of AI and data to manage employees)?
Can employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?
What arguments for and against the use of algorithmic management would arbitrators in the Atlantic provinces find most compelling?
What legal concerns are raised when an employer uses AI to assess candidates’ suitability for positions?
What privacy concerns are raised by using AI to evaluate job applicants based on their internet activity?

3:45 – 3:50: Closing remarks
CPDConference CPD

This program has been approved for 9.75 Continuing Professional Development 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 Nova Scotia for 9.75 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 9.75 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 9.75 Continuing Professional Development hours.
Members of CPHR Newfoundland & Labrador may consider counting this program for 9.75 Continuing Professional Development hours.

Workshop CPD

This program has been approved for 5.5 Continuing Professional Development 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 Nova Scotia for 5.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 5.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 5.5 Continuing Professional Development hours.
Members of CPHR Newfoundland & Labrador may consider counting this program for 5.5 Continuing Professional Development hours.

Labour Relations Certificate - Spring (Virtual Program)
2024-04-25 12:30 - 2024-06-13 16:00 (America/New_York) | Virtual Event
In association with:Upon completion of this program, participants will receive a certificate of completion and a digital credential.
Program Leader
Daphne Taras
Professor and Director
Centre for Labour-Management Relations
Toronto Metropolitan University
Program Faculty

Farah Baloo
Senior Legal Counsel, Legal Department
Unifor

Sharmila Clark
Director, Employment Law Division
City of Toronto

Bruce Curran
Associate Professor, Faculty of Law
University of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Shana French
Employer Counsel
Sherrard Kuzz LLP

Daryn Jeffries
Employer Counsel
Rae Christen Jeffries LLP

Avner Levin
Professor
Lincoln Alexander School of Law
Toronto Metropolitan University

Ian Mackenzie
Arbitrator and Mediator

Frank Miller
Director, Executive and Corporate Education
Ted Rogers School of Management

Nathaniel Marshall
Employer Counsel and Workplace Investigator
Marshall Workplace Law

Peggy Nash
Senior Advisor and Advisory Committee Chair
Centre for Labour Management Relations, Toronto Metropolitan University

Dionne Pohler
Associate Professor
University of Saskatchewan

Jim Stanford
Economist and Director
Centre for Future Work

Bob Thompson
Professor
Human Resources
Seneca College of Applied Arts and Technology

Naheed Yaqubian
Legal Counsel
Ontario Nurses’ Association

Program
The Labour Relations Certificate Program, presented by Toronto Metropolitan University and Lancaster House, is designed to provide individuals engaged in labour relations with the core skills and knowledge required to create and maintain productive union-management relationships that foster fair and efficient workplaces.
Taught by Canada’s leading labour relations scholars and practitioners, this program combines theory, leading research, and professional experience to provide an education that has immediate application in participants’ workplaces.
Program features

Access to leading Canadian experts in a small-group setting
Active learning through group discussion, case studies, and simulations
Balanced coverage of labour and management points of view
Management, union, and neutral attendees learn together
Exposure to diverse opinions and extensive knowledge of fellow participants
Variety of speakers (academics, lawyers, practitioners, subject-matter experts)

Who should attend?

Human resources professionals
Union officers and representatives
Lawyers
Managers
Mediators
Workplace investigators

2024 Spring Schedule†
The Spring 2024 session of the Labour Relations Certificate Program will comprise of 8 sessions over 8 Weeks and will take place on Thursdays from 12:30 p.m. to 4 p.m. E.T. beginning April 25, 2024.

Sample Agenda
CPD

This program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours, per session.

This program has been approved by CPHR BC & Yukon for 3.5 Continuing Professional Development hours per session.

This program has been approved by CPHR Nova Scotia for 3.5 Continuing Professional Development hours, per session.

This program has been approved for 3.5 Continuing Professional Development hours per session under Section A3 of the Recertification Log of the Human Resources Professionals Association.

This program has been approved by the Law Society of British Columbia for 3.5 Continuing Professional Development hours per session.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 3.5 Continuing Professional Development hours per session.
Members of the Law Society of New Brunswick may consider this program for 3.5 Continuing Professional Development hours per session.
Members of the Law Society of Ontario may consider counting this program for 3.5 substantive hours; 0 professionalism hours, per session.

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

Intensive Mediation Workshop
2024-04-18 08:30 - 16:30 (America/New_York) | TRSM Building, 55 Dundas Street W, Toronto, ON, M5G 2C3, Canada
In association with:Upon completion of this program, participants will receive a digital credential from Toronto Metropolitan University.

Daphne Taras
Professor and DirectorCentre for Labour-Management RelationsToronto Metropolitan University

Program Leader

Daphne Taras
Professor and Director
Centre for Labour-Management Relations
Toronto Metropolitan University

Program Faculty

Paula Knopf
Arbitrator

This intensive professional learning program is designed to develop the advanced dispute resolution skills that labour relations professionals need in order to be successful in their roles.
Participants will have the opportunity to observe dispute resolution techniques used by experienced professional mediators — and to use those techniques as they attempt to resolve a workplace dispute. To make the simulation as realistic as possible, actors will play the role of the aggrieved party.
Aimed at labour relations professionals with basic to intermediate knowledge of mediation and workplace dispute resolution techniques, this session aims not to create professional mediators but to equip participants with the knowledge and skills necessary to:

Defuse tensions and manage workplace conflict
Resolve grievances without resorting to lengthy and expensive arbitration processes
Make effective use of informal and formal mediation as a management or union representative

Who is this program designed for?

Graduates of the Lancaster House–Toronto Metropolitan University Labour Relations Certificate Program
Labour relations professionals with 3 or more years of experience working full-time for an employer or a union, including:

Human resources professionals
Labour relations officers
Local union leadership
Managers
Union staff

Labour and employment lawyers in their first 5 years of practice

To ensure interactivity as well as opportunities for skill-building and personalized feedback, spaces in this program are extremely limited. We hope you’ll join us.
CPD

This program has been approved for 6.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.

Members of the Law Society of Ontario may consider counting this program for 6.5 substantive hours; 0 professionalism hours.

Toronto Human Rights and Accommodation Conference: Current practices, emerging trends
2024-04-18 - 2024-04-19 | Vantage Venues, 150 King Street West, Toronto, Ontario, M5H 1J9, Canada
Toronto Human Rights and Accommodation ConferenceConference Co-Chairs

Sarah Atkinson
Labour Arbitrator and Mediator

Bonny Mak
Employer Counsel
Fasken Martineau DuMoulin LLP

Kristen Allen
Union Counsel
Ursel Phillips Fellows Hopkinson LLP

Interested to attend, but need a little more time to confirm?
RSVP today for best pricing and supportConference Advisory Committee

Raj Dhir
Executive Director
Indigenous Justice Policy (Indigenous Justice Division)
Ministry of the
Attorney General

Shana French
Employer Counsel
Sherrard Kuzz LLP

Jenny Neiman
Senior Manager, Human Rights Office
City of Toronto

Gregory Ko
Union Counsel
Kastner Ko LLP

Seema Lamba
Human Rights
Programs Officer
Public Service Alliance of Canada (PSAC)

Thursday, April 18, 2024Registration and Breakfast: 8:00 am – 9:00 am ET
Opening Remarks: 9:00 am – 9:05 am ET
Panel 1 - Human Rights Highlights: The latest caselaw and legislative developments - 9:05 am – 10:35 am ET

Meg Atkinson
Union Counsel
Kastner Ko LLP

Kim Bernhardt
Arbitrator/Mediator

Matthew Horner
Legal Counsel
Ontario Human Rights Commission

Neena Gupta
Employer Counsel
Gowling WLG

Wade Poziomka
Union Counsel
Ross & McBride LLP

Hossein Moghtaderi
Employer Counsel
Filion Wakely Thorup Angeletti LLP

In this session, panelists will examine recent noteworthy cases and legislative developments. Speakers will discuss the latest cases addressing: medical information disputes, caste-based discrimination, workplaces poisoned by harassment and discrimination, biometric monitoring, citizenship-based discrimination, and Anti-SLAPP cases (motions to dismiss defamation lawsuits that are designed to suppress free speech.
This panel will also address Ontario and federal legislative initiatives, including:

Ontario’s Working for Workers Four Act, 2024 (Bill 149);
Federal legislation targeting forced labour and child labour (Bill S-211);
Proposed prohibition of strike replacement workers (Bill C-58); and
Amendments to federal Employment Equity Act (Bill C-64) expanding reporting requirements.
Proposed changes to the Employment Standards Act,

Break: 10:35 am – 10:50 am ET
Panel 2 - Investigating Investigations: Examining current practices and recent caselaw - 10:50 am – 12:05 pm ET

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

Ozlem Yucel
Employer Counsel
Turnpenney Milne LLP

Andrea Wobick
Union Counsel
Ursel Phillips Fellows Hopkinson LLP

In this session, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair, adequate, and effective investigations into human rights-related allegations.
The panel will address questions including:

What lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?
Is a formal investigation always required when an employee raises human rights-related concerns? When might other options, such as alternative dispute resolution, be permissible or preferable?
When is retaining a third-party investigator necessary? What other alternatives are possible?
Can the grounds for an investigation be expanded after the investigation has already commenced – for example, if an investigation reveals issues of systemic discrimination?
What are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process?
How much latitude do employers have to order investigations into off-duty conduct? May workplace investigators ask to examine employees’ personal devices, such as laptops or cellphones, which employees use exclusively or primarily for personal purposes?
What legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations? Can an investigator be held personally liable for conducting an inadequate investigation?
How should employers and unions respond when an investigation reveals bad faith allegations by an employee? What role does the union have in restoring a safe and healthy workplace for all parties following an investigation?

Networking Lunch: 12:05 pm – 1:05 pm ET
Panel 3 - Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 1:05 pm – 2:20 pm ET

Angela Bradley
Lawyer, Mediator, Workplace Investigator

Lorenzo Lisi
Employer Counsel
Aird & Berlis LLP

Patricia D’Heureux
Union Counsel
Cavalluzzo LLP

Tensions may arise between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced?
In this session, a panel of experts will address:

What is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?
Can employers discipline employees for private statements and/or expressions made outside the workplace?
To what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?
What is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?

Break: 2:20 pm – 2:35 pm ET
Panel 4 - Is it Harassment or Not? An interactive panel with case studies and scenarios - 2:35 pm – 3:50 pm ET

Bay Ryley
President
Ryley Learning
Lawyer
Employment & Human Rights
Ryley Law

Melissa Roth
Employer Counsel
Gowling WLG

Aleisha Stevens
Union Counsel
CaleyWray

In Ontario, workplace harassment is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” In many instances impugned conduct or comments will clearly meet this definition, but in other cases debate may arise as to whether the alleged harasser ought reasonably to have known that certain comments or conduct would be unwelcome.
This session will highlight the degree to which reasonable minds may disagree about whether certain comments or conduct constitute harassment, probe the reasons behind such disagreement, and address questions such as:

Should a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not, why not?
What role do a complainant’s personal characteristics – gender and race, for example – play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be insulting or humiliating?
Does workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?
Is the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?
How is the reasonableness of management action assessed to determine whether or not it constitutes harassment?

Closing Remarks: 3:50 pm – 4:00 pm ET
Friday, April 19, 2024Registration and Breakfast: 8:00 am – 9:00 am ET
Opening Remarks: 9:00 am – 9:05 am ET
Panel 5 - Putting Neurodiversity to Work: Effective strategies for recruitment, accommodation, and retention - 9:05 am – 10:20 am ET

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

Simon Margolis
Knowledge Management Lawyer
Borden Ladner Gervais LLP

Sara Parchello
Employer Counsel
Bennett Jones LLP

There is increasing recognition that neurodivergence is a strength, not a deficit, and building inclusive, neurodivergent workplaces makes a positive impact. In this panel, experts will examine how employers can effectively recruit, retain, and accommodate neurodivergent employees, and how unions can support their neurodivergent membership.
Specifically, the panel will address:

How can businesses benefit from hiring neurodivergent employees?
What measures can employers put in place to effectively recruit neurodivergent employees? How can employers support/accommodate neurodivergent applicants throughout the recruitment process?
Considering the emphasis on self-identification in the neurodiverse community, must employees who identify as neurodivergent provide evidence of a medical diagnosis to access initiatives designed to recruit diverse employees? How should employers respond to these disclosures when they occur?
How do common stereotypes hinder the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to guard against these stereotypes?
What should workplace parties know about specific conditions such as Autism Spectrum Disorders (ASD), Attention-Deficit/Hyperactive Disorder (ADHD), and learning disabilities falling under the umbrella of neurodivergence? Do these conditions share any similarities? How might they affect an employee’s work performance?
What are the signs an employee may be struggling with work performance or workplace relationships because of a neurological difference such as ASD or ADHD? When does the employer have a duty to inquire as to whether the employee in question requires accommodation?
What are some examples of appropriate and effective accommodations for neurodivergent employees?
What kind of medical information can employers request from employees seeking accommodation on the basis of neurodivergence? Can a detailed neuropsychological evaluation report be required? How often, if ever, can updated medical information be requested from a neurodivergent employee, who, by definition, has a lifelong condition?
What accommodations should unions provide to neurodivergent members accessing union services and using union processes?

Break: 10:20 am – 10:35 am ET
Panel 6 - Truly Transformative? Recent federal and Ontario initiatives in employment equity - 10:35 am – 11:50 am ET

Patricia DeGuire
Chief Commissioner
Ontario Human Rights Commission (OHRC)

Priya Sarin
Employer Counsel
Sherrard Kuzz LLP

Aditya Rao
Senior Officer, Human Rights
Canadian Union of Public Employees (CUPE)

In this session, panelists will address the recent report of the federal Employment Equity Act Review Task Force and related change to the Act, exploring broader lessons learned for workplace parties in all sectors and drawing connections to recent provincial initiatives aimed at promoting workplace equity.
Questions to be addressed include:

What changes did the Task Force recommend with respect to how employment equity groups are defined and described under the Employment Equity Act?
What is “intersectionality” and why is it important to adopt an intersectional approach to workplace policies? What recommendations did the Task Force make in this regard?
How can employers shift from a “top-down” approach to employment equity to a consultative process which involves unions and employees? What lessons can be learned from the Task Force’s recommendations regarding workplace employment equity committees?
What problems did the Task Force identify with the concepts of “merit” or “fit” in recruiting and promoting employees?
How can workplace parties ensure that the collection of employee data for equity-related initiatives is meaningful and appropriate? What common pitfalls have led to what the Task Force deems “superficial data collection”? How can employers and unions measure and evaluate progress toward workplace equity?
What recommendations did the Task Force make with respect to the use of non-disclosure agreements? Are there currently any restrictions regarding the use of these agreements in Ontario?
How is the Ontario Working for Workers Four Act, 2023, if passed, expected to address issues of discrimination in recruitment and promotion as identified by the Task Force? How does the legislation compare to, for example, B.C.’s recently-passed Pay Transparency Act?
What key updates should employers make to workplace harassment and discrimination policies taking into account the recommendations of the Task Force? Should employers updating their policies make any changes in light of the recent Ontario Human Rights Commission’s Policy position on caste-based discrimination?

Networking Lunch: 11:50 am – 12:50 pm ET
Keynote - Building inclusive workplaces: Promising practices and future possibilities - 12:50 pm – 1:20 pm ET

Dr. Rebecca Gewurtz
Associate Professor
School of Rehabilitation Science
McMaster University
Adjunct Scientist
Institute for Work and Health (IWH)
Director
Inclusive Design for Employment Access (IDEA) Social Innovation Laboratory

The Inclusive Design for Employment Access (IDEA) is a social innovation laboratory that is focused on strengthening the capacity of Canadian employers to fully include persons with disabilities within Canadian workplaces. In this talk, I will outline some of the promising practices that are emerging from our work with employers and other stakeholders to improve organizational capacity to hire, support, and promote persons with disabilities in diverse roles across different sectors. I will share what we currently know, what we are working on, and ways that different stakeholders, including service providers, government decision-makers, labour representatives, disability organizations, and employers can work on together to build more inclusive Canadian workplaces. I will share what we mean by inclusive hiring, onboarding, mentorship and advancement practices, and where employers often run into challenges despite good intentions. I will conclude by sharing some emerging developments to watch for as we continue our partner-based work within IDEA.
Panel 7 - AI and Human Rights: Exploring the promise and peril of artificial intelligence in the workplace - 1:20 pm – 2:30 pm ET

James Craig
Union Counsel
Morrison Watts Hurtado & Buchner

Ryan Fritsch
Counsel
Law Commission of Ontario

Amanda Hunter
Employer Counsel
Hunter Liberatore Law LLP

In this session, expert panelists will provide guidance on the continuing evolution of Artificial Intelligence (“AI”) and the legal landscape surrounding it, the use of AI by employers, and the workplace human rights implications paired with it. Panelists will address questions including:

What laws regulate AI in Canada? What rules are in place to protect individuals from discriminatory effects resulting from the use of AI?
What are employers most commonly using AI for? How can the use of AI negatively or positively impact workplace human rights?
Are there legal limits on an employer’s ability to use AI in the workplace? Can an employer’s right to use AI be limited through collective agreement language?
Will human resources be taken over by “algorithmic management,” defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment?
How have arbitrators and adjudicators treated the use of AI in the workplace in light of anti-discrimination and duty to accommodate laws, such as an employer’s use of biometric scanning or AI driven recruitment processes?
Are employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? How can collective bargaining provisions address these issues?
What can employers do to mitigate risks of bias, discrimination or otherwise preventing potential breaches of human rights laws when using AI?

Break: 2:30 pm – 2:45 pm ET
Panel 8 - Ties That Bind: Accommodating family status and caregiving obligations - 2:45 pm – 3:55 pm ET

Shane Todd
Employer Counsel
Fasken Martineau DuMoulin LLP

Reema Khawja
Senior Counsel
Ontario Human Rights Commission

Doug Wray
Union Counsel
CaleyWray

In this interactive session, expert panelists will address the test for family status in Ontario and engage audience members in exercises illustrating practical applications of the test, better equipping employers and unions to navigate accommodation requests. Speakers will address issues including:

What forms of caregiving fall under the protective umbrella of family status accommodation?
What constitutes a sufficiently serious interference with a family obligation such that it will amount to family status discrimination?
How can employers and unions distinguish preferences from obligations? For example, when will a request to work from home to provide caregiving to elderly parents or young children amount to an obligation rather than a preference? What about requests such as leaving work early to enable an employee to pick up a child from school rather than have that child take the bus?
Are employees required to demonstrate that they have made some effort to “self-accommodate” (e.g. explore a variety of childcare options) before an employer’s duty to accommodate is triggered?
What qualifies as “undue hardship” for an employer when it comes to family status accommodation?
What policies should employers and unions consider to meet family status accommodation requirements and reduce workplace barriers for employees with family obligations?

Closing Remarks: 3:55 pm – 4:00 pm ET
CPDConference CPD

This program has been approved for 11 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.

This program has been approved by CPHR Alberta for 11 Continuing Professional Development hours.

Members of the Law Society of Ontario may consider counting this program for 11 substantive hours; 0 professionalism hours.

Gender Equity Virtual Conference: Paving the way to inclusive workplaces
2024-04-17 | Virtual Event
This event takes place from 12:30 p.m. – 5:00 p.m. ET
Gender Equity Virtual ConferenceConference Co-Chairs

Jan Borowy
Pay Equity Administrator
Canadian National Office
United Steelworkers (USW)

Kristen Woo
Legal Counsel
BC Public School Employers’ Association

Conference Advisory Committee

Kristine Barr
Human Rights Representative
Canadian Union of Public Employees (CUPE), Manitoba Regional Office

Nathaniel Marshall
Employer Counsel/Workplace Investigator
Marshall Workplace Law

Angela E. Rae
Employer Counsel
Rae Christen Jeffries LLP

Wednesday, April 17, 2024Introductory remarks by co-chairs: 12:30 pm – 12:35 pm ET
Keynote - 12:35 pm – 1:20 pm

Prof. Adelle Blackett
Chair
Employment Equity Act Review
Task Force
Professor
Canada Research Chair in Transnational Labour Law
McGill University

Break: 1:20 pm – 1:30 pm ET
Panel 1 - In Pursuit of Equity: Experts examine key cases and legislative developments - 1:30 pm – 2:45 pmIn Pursuit of Equity: Experts examine key cases and legislative developments

Archana Mathew
Mediator, Arbitrator
Archana Mathew – Mediation & Arbitration

Melissa Mustafa
Employer Counsel
Lakhani Campea LLP

Karen Segal
Union Counsel
Allevato Quail & Roy

In this session, panelists will examine recent noteworthy cases and legislative developments relating to gender equity in the workplace. Speakers will discuss the latest cases addressing topics such as:

Key trends in discipline and damages for sexual harassment and discrimination on the basis of sex, gender, and family status;
The impact of stereotypes and unconscious bias and the role of intersectionality in evaluating and responding to allegations of discrimination and harassment;
“Poisoned work environments”, including the impact of “microaggressions” and other subtle forms of discrimination;
Off-duty conduct, including determining when conduct that is harassing or discriminatory will be considered sufficiently connected with the workplace to be actionable;
Key principles and best practices in investigating discrimination and harassment claims;
Best practices in respecting gender diversity at work;
The use of anti-strategic lawsuits against public participation (SLAPP) proceedings to protect human rights-related speech; and
Pay equity update.

The panel will also address recent federal and provincial legislative initiatives, including:

The federal Employment Equity Act Review Task Force Report and related changes to the Act;
Recent federal regulations improving the availability of menstrual products in the workplace; and
Proposed and pending provincial legislative initiatives aimed at promoting pay transparency.

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.Break: 2:45 pm – 2:55 pm ET
Panel 2 - Silenced or Settled? The implications of using non-disclosure agreements to settle harassment and other workplace disputes - 2:55 pm – 3:45 pm
Silenced or Settled? The implications of using non-disclosure agreements to settle harassment and other workplace disputes

Jillian Humphreys
Lawyer and Workplace Investigator
Southern Butler Price LLP

Jennifer Khor
Supervising Lawyer & Project Manager
Sexual Harassment Advice, Response, and Prevention for Workplaces
SHARP Workplaces
Stand Informed legal advice services

Asha Rampersad
Employer Counsel, Workplace Investigator & Trainer
Turnpenney Milne LLP

Matt Yun
Legal & Legislative Representative
Canadian Union of Public Employees (CUPE)

Non-disclosure agreements, colloquially referred to as “NDAs”, are legal contracts that ensure confidentiality between signatories. While NDAs are common practice in workplace settlements, there is growing concern about the potential of NDAs to silence the victims of discrimination and harassment while shielding employers from reputational damage. The Canadian Bar Association has passed a resolution against the misuse of NDAs. In this session, a panel of experts will address the following:

How are NDAs currently being used in workplace disputes?
What are the legal components of NDAs? What information can be covered by an NDA?
What are the negative ramifications of using NDAs in workplace disputes? What are the potential benefits? How do NDAs impact the victims of harassment and/or violence?
What circumstances may render an NDA unenforceable?
What happens if an employee or former employee violates an NDA? How have courts and/or arbitrators treated breaches of NDAs?
What legislative/regulatory changes have been passed respecting the use of NDAs in workplace disputes? What changes are forthcoming?

Break: 3:45 pm – 3:50 pm ET
Panel 3 - Building Belonging at Work: Achieving genuine inclusion of gender diversity - 3:50 pm – 4:55 pm
Building Belonging at Work: Achieving genuine inclusion of gender diversity

Fae Johnstone
Executive DirectorWisdom2Action

Earl Moloney
Labour Relations OfficerHealth Sciences Association of BC

Kai Scott
PresidentTransFocus Consulting

Lisa Stam
Employer CounselSpringLaw

Evan Vipond
Lead ConsultantVipond Consulting

Genuine inclusion of transgender and gender-diverse individuals in the workplace is a critical component of providing a safe and healthy work environment. In this session, expert panelists will explain the ways in which employers, unions, and employees can collaborate to create an inclusive workplace for all, addressing the following:

What is gender identity and gender expression? What does it mean to be transgender or gender-diverse?
What are the benefits of diversity and inclusion in the workplace? What are the advantages of a diversity and inclusion team and how can an employer foster the team’s success?
What are examples of common mistakes made by employers when attempting to achieve inclusion of transgender and gender-diverse individuals?
How can an employer design, implement and monitor genuine and effective inclusive policies for transgender and gender-diverse individuals? Who should have a role in developing and/or monitoring inclusive workplace policies?
How can employers and unions best incorporate inclusive hiring practices?
What steps must an employer take when discrimination or harassment concerns arise relating to the mistreatment of a transgender or gender-diverse employee? Why are investigations so critical to the protection of transgender or gender-diverse employees? What role does the union and employee have in the complaint process, investigation process, and outcomes of the investigation?
When may a transgender or gender-diverse employee require accommodation? When do employers have a duty to accommodate? What role do the employer, the union and the employee play in the accommodation process? How can employers and unions support transitioning employees?
In creating an inclusive workplace, what role do organizational competency and raising awareness play in the workplace regarding gender identity and gender expression?

Closing remarks by co-chairs: 4:55 pm – 5:00 pm ET
CPDConference CPD

This program has been approved for 3.45 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.

This program has been approved by CPHR BC & Yukon for 3.45 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 3.45 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 3.45 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 3.45 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 3.45 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 3.45 substantive hours; 0 professionalism hours.

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

Vancouver Human Rights and Accommodation Conference: Evaluating current practices, exploring emerging trends
2024-04-03 - 2024-04-05 | Simon Fraser University – Vancouver Campus, 580 West Hastings Street, Vancouver, British Columbia, V6B 1L6, Canada
Vancouver Human Rights and Accommodation ConferenceConference Co-Chairs

Jennifer Devins
Employer Counsel
Roper Greyell LLP

E. Murphy Fries
Union Counsel
Koskie Glavin Gordon

Ryan Goldvine
Mediator/Arbitrator
Goldvine Dispute Resolution Services
Member
BC Employment Standards Tribunal

Delta Hotels Vancouver Downtown Suites - Discounted Room
Group rates are now available with limited space availability:

Start Date
End Date

04/02/2024
04/06/2024

Single
Double

$379.00
$379.00

Method of Reservation
Individual Reservations can be made by visiting the link below or calling directly at 1 (844) 254-5048. Callers must identify themselves as being with Lancaster House Publishing in order to qualify for the group rate.
Cut-Off Date
Reservations made by attendees must be received on or before Tuesday, March 12, 2024, after which any reservations made will be based on a space-and rate-available basis.
Book NowConference Advisory Committee

Aleem Bharmal
Lawyer
BC Human Rights Clinic
Community Legal Assistance Society (CLAS)

Valerie Dixon
Legal Counsel – Labour
Employment and Human Rights
City of Vancouver

Jessica Fairbairn
Employer Counsel
Harris & Company LLP

Koml Kandola
Arbitrator/Mediator and lawyer

Shirin Kiamanesh
Union Counsel
Koskie Glavin Gordon

Earl Moloney
Senior Labour Relations Officer
Health Sciences Association of BC (HSABC)

Wednesday, April 3, 2024*Workshop sold separately from stand-alone conference.
WorkshopBefore and After the Investigation: Preventing conflict, restoring relationships
Workshop: Before and After the Investigation: Preventing conflict, restoring relationships

Anita Atwal
Lawyer, Mediator and Workplace Investigator
Anita Atwal Law

Carolyn Janusz
Principal lawyer
GoodWin Law

Victoria Merritt
Employer Counsel
Dentons

Shelina Neallani
Lawyer, Mediator & Workplace Investigator
Southern Butler Price

Toxic work environments and workplace conflict are detrimental to employees’ wellbeing, can hinder productivity, lead to a high turnover rate, and expose employers to potential liabilities. In this panel, experts will examine how employers and unions can work together to foster healthy work environments through proactive strategies, fair workplace investigations, and effective conflict-resolution initiatives. Specifically, panels will address the following questions:

What measures can employers and unions implement to foster a safe and respectful workplace?
How can employers and unions craft effective workplace harassment policies? What key terms should be included? According to arbitrators, what practices should be avoided?
What steps should unions and employers take in response to employee allegations of a poisoned work environment and/or workplace conflict?
In what circumstances are employers legally obligated to conduct a workplace investigation? What do recent cases tell us about what constitutes a fair, adequate, and effective investigation? How can employers protect complainants and witnesses from reprisal?
What is the role of the union in workplace investigations?
When will an arbitrator award damages to employees who have experienced a poisoned work environment and/or inadequate investigation?
What steps can employers and unions take to restore relationships in response to workplace conflict and/or allegations of a poisoned work environment?

Workshop Schedule

Breakfast:
8:00 am – 9:00 am PT

Workshop:
9:00 am – 10:25 am PT

Morning Break:
10:25 am – 10:40 am PT

Workshop:
10:40 am – 12:00 pm PT

Lunch:
12:00 pm – 1:00 pm PT

Workshop:
1:00 pm – 2:20 pm PT

Afternoon Break:
2:20 pm – 2:35 pm PT

Workshop:
2:35 pm – 4:00 pm PT

Thursday, April 4, 2024Breakfast: 8:00 am – 9:00 am PT
Introductory remarks: 9:00 am – 9:10 am PT
Panel 1 - Human Rights Highlights: The latest caselaw and legislative developments - 9:10 am – 10:40 am PT

Guy Beaulieu
Arbitrator/Mediator

Colin Edstrom
Employer Counsel
Pushor Mitchell LLP

Kevin Love
Lawyer, Community Law Program
Community Legal Assistance Society (CLAS)

Jennifer Kwok
Employer Counsel
Overholt Law

Mary Thibodeau
Union Counsel
Moore Edgar Lyster LLP

Elisabeth Finney
Union Counsel
Black Burke Mayor LLP, dba Black Gropper

In this session, panelists will examine recent noteworthy cases and legislative developments relating to human rights in the workplace. Speakers will discuss the latest cases addressing topics such as:

absenteeism and requests for medical information;
caste-based discrimination;
poisoned workplaces and “zero tolerance” approaches to discrimination and harassment,
trends in discipline and damages,
the legality of biometric monitoring,
and the use of anti-strategic lawsuits against public participation (SLAPP) proceedings to protect human rights-related speech.

The panel will also address recent B.C. and federal legislative initiatives, including:

Recent B.C. Workers Compensation Act amendments;
Federal legislation on forced labour.

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.Break: 10:40 am – 10:55 am PT
Panel 2 - Ties that Bind: Accommodating family status and caregiving obligations - 10:55 am – 12:10 pm PT

Will Clements
Union Counsel
Koskie Glavin Gordon

David Woolias
Employer Counsel
Harris & Company LLP

Heather Hoiness
Staff Lawyer
BC’s Office of the Human Rights Commissioner

In this interactive session, expert panelists will address recent developments in the test for family status discrimination in British Columbia and engage audience members in exercises illustrating practical applications of the test, better equipping employers and unions to navigate family status accommodation requests. Speakers will address questions including:

What forms of caregiving fall under the protective umbrella of family status accommodation?
Will a change in the employee’s family circumstances be sufficient to trigger the duty or is an employer-introduced change to the employee’s terms and conditions of employment required?
How can employers and unions distinguish preferences from substantial obligations? For example, when will a request to work from home to provide caregiving to elderly parents or young children amount to a preference rather than an obligation? What about requests such as leaving work early to enable an employee to pick a child up from school rather than have that child take the bus?
What constitutes a “serious interference” with a family obligation such that it will be found to constitute family status discrimination?

Networking Lunch: 12:10 pm – 1:30 pm PT
Fireside Chat - 1:30 pm – 2:00 pm PT

Emily Ohler
Chair
BC Human Rights Tribunal

Break: 2:00 pm – 2:15 pm PT
Panel 3 - Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 2:15 pm – 3:30 pm PT

Arvin Asadi
Lawyer and Workplace Investigator
Southern Butler Price

Katie Comley
Employer Counsel
Roper Greyell LLP

Menachem Freedman
Union Counsel
HHBG Lawyers

A tension sometimes arises between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced? In this session, a panel of experts will address these questions:

What is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?
Can employers discipline employees for private statements and/or expressions made outside the workplace?
To what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?
What is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?

Closing Remarks: 3:30 pm – 3:40 pm PT
Friday, April 5, 2024Breakfast: 8:00 am – 9:00 am PT
Introductory remarks: 9:00 am – 9:10 am PT
Panel 4 - Putting Neurodiversity to Work: Effective strategies for recruitment, accommodation, and retention - 9:10 am – 10:25 am PT

Julia Bell
Employer Counsel
Roper Greyell LLP

Sonya Sabet-Rasekh
Staff Representative, Advocacy Department
B.C. General Employees’ Union (BCGEU)

James Stewart
Professor
Peter A. Allard School of Law
University of British Columbia

On a societal level, there is increasing recognition that neurodivergence is a strength, not a deficit, and building inclusive, neurodivergent workplaces makes a positive impact. In this panel, experts will examine how employers can effectively recruit, retain, and accommodate neurodivergent employees, and how unions can support their neurodivergent membership. Specifically, the panel will address the following:

How can businesses benefit from hiring neurodivergent employees?
What measures can employers put in place to effectively recruit neurodivergent employees? How can employers support/accommodate neurodivergent applicants throughout the recruitment process?
Considering the emphasis on self-identification in the neurodiverse community, must employees who identify as neurodivergent provide evidence of a medical diagnosis to access initiatives designed to recruit diverse employees? How should employers respond to these disclosures when they occur?
How do common stereotypes hinder the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to guard against these stereotypes?
What should workplace parties know about specific conditions such as Autism Spectrum Disorders (ASD), Attention-Deficit/Hyperactive Disorder (ADHD), and learning disabilities falling under the umbrella of neurodivergence? Do these conditions share any similarities? How might they affect an employee’s work performance?
What are the signs an employee may be struggling with work performance or workplace relationships because of a neurological difference such as ASD or ADHD? When does the employer have a duty to inquire as to whether the employee in question requires accommodation?
What are some examples of appropriate and effective accommodations for neurodivergent employees?
What kind of medical information can employers request from employees seeking accommodation on the basis of neurodivergence? Can a detailed neuropsychological evaluation report be required? How often, if ever, should updated medical information be requested from a neurodivergent employee, who, by definition, has a lifelong condition?
What accommodations should unions provide to neurodivergent members accessing union services and using union processes?

Break: 10:25 am – 10:40 am PT
Panel 5 - Investigating Investigations: Examining current practices and recent caselaw - 10:40 am – 11:55 am PT

Jonathan Chapnick
Member
BC Human Rights Tribunal

Kirsten Hume Scrimshaw
Employer Counsel
Ally Workplace Law

Tina-Marie Bradford
Staff Lawyer, Advocacy Department
BC General Employees Union (BCGEU)

In this session, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair, adequate, and effective investigations into human rights-related allegations. The panel will address questions including:

What lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?
When is retaining a third-party investigator necessary? What other alternatives are possible?
Can the grounds for an investigation be expanded after the investigation has already been commenced – for example, if an investigation reveals issues of systemic discrimination?
What are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process? How should investigatory meetings be approached where the person being interviewed has or is suspected to have a disability?
How much latitude do employers have to order investigations into off-duty conduct? May workplace investigators ask to examine employees’ personal devices, such as laptops or cellphones, which employees use exclusively or primarily for personal purposes?
How should employers and unions approach investigations into workplace conduct which may have a criminal element?
What legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations?

Lunch: 11:55 pm – 12:55 pm PT
Keynote - Paddling Together: Navigating Indigenous Relations in the Workplace - 12:55 pm – 1:25 pm PT

Rhiannon Bennett
Co-Founder
Hummingbirds Rising Consulting

Rhiannon Bennett, from Hummingbirds Rising Consulting, explores the metaphor of a canoe journey to illustrate the importance of collaboration and understanding in fostering positive relationships with Indigenous communities within organizational settings.
This engaging presentation emphasizes the need for HR and union leaders to navigate these relationships with cultural sensitivity, mutual respect, and a commitment to reconciliation for the benefit of all involved.Panel 6 - Is it Harassment or Not? An interactive panel with case studies and scenarios - 1:25 pm – 2:40 pm PT

Jacqueline Beltgens
Lawyer, Workplace Investigator, and Mediator
Jacqueline Beltgens Law

Kas Pavanantharajah
Union Counsel
Black Burke Mayor LLP, dba Black Gropper

Jessica Thomson
Employer Counsel
Pulver Crawford Munroe LLP

The general definition of harassment in British Columbia is clear: it is “any inappropriate conduct or comment by a person towards a worker that the person knew or ought reasonably to have known would cause the worker to be humiliated and insulted.” In many instances impugned conduct or comments will clearly meet this definition, but in other cases debate may arise as to whether the alleged harasser ought reasonably to have known that certain comments or conduct would cause humiliation or offence. This session will highlight the degree to which reasonable minds may disagree about whether certain comments or conduct constitute harassment, probe the reasons behind such disagreement, and address questions such as:

Should a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not, why not?
What role do a complainant’s personal characteristics – gender and race, for example – play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be insulting or humiliating?
Does workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?
Is the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?
From the employer’s perspective, how is the reasonableness of management action assessed to determine whether or not it constitutes harassment?

Break: 2:40 pm – 2:55 pm PT
Panel 7 - Truly Transformative? Recent B.C. and federal initiatives in employment equity - 2:55 pm – 4:00 pm PT

Ana Mohammed
Principal
ARM Mediation and Consulting

Hasan Alam
Staff Lawyer
B.C. General Employees’ Union (BCGEU)

Lou Poskitt
Employer Counsel
Cooperwilliams Truman & Ito LLP

In this session, panelists will discuss two recent provincial and federal initiatives aimed at promoting workplace equity. Speakers will address the recent report of the federal Employment Equity Act Review Task Force, exploring broader lessons learned for workplace parties, and will examine the recent introduction of provincial pay transparency legislation as a targeted equity initiative. Questions to be addressed include:

What changes did the Task Force recommend with respect to how employment equity groups are defined and described under the Employment Equity Act?
How can employers shift from a “top-down” approach to employment equity to a consultative process which involves unions and employees? What lessons can be learned from the Task Force’s recommendations regarding workplace employment equity committees?
What problems did the Task Force identify with the concepts of “merit” or “fit” in recruiting and promoting employees? How might unconscious bias or systemic discrimination impact the assessment of an employee’s qualifications?
How can workplace parties ensure that the collection of employee data for equity-related initiatives is meaningful and appropriate? What common pitfalls have led to what the Task Force deems “superficial data collection”? How can employers and unions measure and evaluate progress toward workplace equity?
How is B.C.’s Pay Transparency Act expected to address these issues of data collection and discrimination in recruitment and promotion? What new obligations arise for workplace parties under the Act? Are there any mechanisms in place for its enforcement?

Closing Remarks: 4:00 pm PT
CPDConference CPD

This program has been approved by CPHR BC & Yukon for 10 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 10 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 10 Continuing Professional Development hours.

Workshop CPD

This program has been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 5.5 Continuing Professional Development hours.

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

Making a Fair Assessment: Evaluating credibility from an EDI perspective
2024-03-14 12:30 - 14:00 UTC | Virtual Event
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.

National Pensions Conference 2024: Emerging trends in a changing world
2024-03-06 - 2024-03-07 | Virtual Event
National Pensions ConferenceConference Co-Chairs

Cynthia Crysler
Pensions Counsel
Cavalluzzo LLP

Michael Wolpert
Pensions Counsel
Fasken Martineau DuMoulin LLP

Conference Advisory Committee

Mary Kate Archibald
Actuary/Principal
Eckler Ltd.

James Harnum
Pensions Counsel
Koskie Minsky LLP

Evan Howard
Chief Legal and Regulatory Affairs Officer
CAAT Pension Plan

Jonathan Marin
Pensions Counsel
Osler Hoskin & Harcourt LLP

Wednesday, March 6, 2024Introductory remarks: 12:30 pm – 12:40 pm ET
Panel 1 - Pension Projections: Experts review economic forecasts - 12:40 pm – 1:55 pm ET

Faisal Siddiqi
Managing Director, Actuarial
University Pension Plan Ontario

Josh Ingram
Actuary/Principal
Eckler Ltd.

Kelleher Lynch
Pensions Counsel
McCarthy Tétrault LLP

James Harnum
Pensions Counsel
Koskie Minsky LLP

Mixed outlooks for inflation, interest rates, and economic growth have differing implications for the financial health of pension plans and their sponsoring employers in 2024. In this session, leading experts explore the risks and opportunities associated with the current and predicted economic climate, and address the following:

What does the latest data indicate about the financial health of Canadian defined benefit pension plans?
How do the current economic conditions affect different types of pension plans (e.g. defined benefit vs. defined contribution; public sector vs. private sector) and their members? What are the implications of any divergence in these effects?
What are the latest economic forecasts, including the outlook for inflation, interest rates, unemployment, and growth?
How would a sustained fall in inflation and/or interest rates affect pension plans and their members?
What strategies can pension plan administrators take to manage pension plans and pension plan investments in an economic downturn? What role do administrators’ statutory and fiduciary obligations play in this regard?
What implications do the current economic climate and related forecasts have for workplace parties negotiating retirement security plans? Are there pension structures that should be favoured or avoided?
Should workplaces with pension plans already in place consider altering those arrangements in light of current economic data? Do pension plan administrators and sponsoring employers have an obligation to consult the union before making such changes? Is union consent required for these changes?
What are governments and regulators doing to assist pension plans and their members in coping with current economic conditions? What more can be done?

Keynote - Meeting the Challenges Facing Pension Incomes in Canada: An Introduction to Dynamic Pension Pools - 1:55 pm – 2:40 pm ET

Bonnie-Jeanne MacDonald
Director of Financial Security Research
National Institute on Aging
Toronto Metropolitan University
Resident Scholar
Eckler

Financial security in retirement is a growing concern for many Canadians, with a recent National Institute on Ageing survey showing that 77% of older adults are worried about their financial well-being. With retirement expected to last several decades for many—combined with unpredictable financial markets and changing personal circumstances—older Canadians face a tremendous challenge in turning accumulated savings into income that will last the rest of their lives. An emerging solution, called Dynamic Pension pools, could give Canadians access to affordable retirement income for life. Join the lead author of the report as she discusses the challenges and the legislative successes they have made to make Dynamic Pensions a reality in Canada – the missing piece in our retirement income system.
Break: 2:40 pm – 2:55 pm ET
Panel 2 - Keeping Current on Pensions: An update on key caselaw and legislative developments - 2:55 pm – 4:10 pm ET

Laura Brownell
Staff Representative – Pensions
Society of United Professionals

Level Chan
Pensions Counsel
Stewart McKelvey

Ross Gascho
Pensions Counsel
Fasken

Anthony Guindon
Pensions Counsel
Koskie Minsky LLP

This panel explores significant court and tribunal decisions related to pensions. Topics to be addressed include plan amendments, class action cases, fiduciary duties, negligence, contribution rates, pensionable earnings, the obligations of successor employers, and constitutional issues arising out of public sector pension plan reforms. The panel will also review recent legislative and regulatory developments including, Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 and provincial legislative developments. Experts will also explore draft guidelines released by the Office of the Superintendent of Financial Institutions. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most important legislative and regulatory developments.
Closing remarks: 4:10 pm – 4:12 pm ET
Thursday, March 7, 2024Introductory remarks: 12:30 pm – 12:40 pm ET
Panel 3 - Pensions with Principle: Experts take stock of emerging ESG considerations in investing and fiduciary duties - 12:40 pm – 1:55 pm ET

Randy Bauslaugh
Pensions Counsel
Randy Bauslaugh Professional Corporation

Murray Gold
Pensions Counsel
Koskie Minsky LLP

Marie-Josée Privyk
ESG Advisor
FinComm Services

Environmental, social, and governance (ESG) considerations continue to engage investors, and those charged with administering pension funds. This panel will address related issues including:

To what extent do common law fiduciary duties require pension plan administrators to factor ESG considerations into their investment-related decision making? Does this answer depend on plan terms or type of plan?
Do pension plan administrators have any obligations to unions regarding their investment choices?
In what ways can unionized plan members have a say in how their pensions are invested? Can ESG considerations be addressed at the bargaining table?
What do current legislative and regulatory requirements mandate regarding ESG disclosure across Canadian jurisdictions? What changes are in prospect?
What level of familiarity should pension plan board members have regarding ESG-related issues?

Break: 1:55 pm – 2:10 pm ET
Keynote - Innovating Pension Designs that Meet the Needs of Today’s Workforce - 2:10 pm – 2:55 pm ET

Derek Dobson
Chief Executive Officer and Plan Manager
CAAT Pension Plan

Workplace pension plans exist and evolve at the intersection of several dynamic forces: demographic changes, business needs of employers, behavioural economics of members, labour trends, investment markets, workforce migration, regulatory priorities, and more. What is needed to design sustainable, valuable pensions that provide the best outcome – lifetime retirement income security for all – under these complex conditions and interests? Innovation happens when bold ideas are turned into practical solutions. CAAT Pension Plan CEO and Plan Manager Derek Dobson will cover how innovating defined benefit pensions can provide sustainable value and meet the demands of a changing workplace.
Break: 2:55 pm – 3:00 pm ET
Panel 4 - Changing Tides: Experts discuss trends and challenges in pension modernization - 3:00 pm – 4:15 pm ET

Elizabeth Boyd
Pensions Counsel
Blake, Cassels & Graydon LLP

Cheri Hearty
Supervisor, Worker Safety and Pension & Benefits Units
Ontario Public Sector Employees Union (OPSEU)

Barbara Sanders
Associate Professor
Statistics & Actuarial Science
Simon Fraser University

Laura Strachan
Director, Pension & Group Benefits
Eckler Ltd.

Even well-funded pension plans must adapt in the face of economic and demographic challenges, as evolving conceptions of the meaning of retirement require a re-think of what constitutes retirement income adequacy. This panel will shed light on the hazards that lie ahead for the Canadian pension system and address the following:

To what extent do political factors, notably the Alberta government’s proposal to establish its own public pension plan, threaten the future sustainability of the CPP?
How are current pension structures changing to account for existing economic and sociopolitical realities? For example, how are defined benefit plans insulating themselves against demographic and economic pressures? What new, or previously less utilized, pension models are growing in popularity in light of these pressures?
What are governments doing to support enhanced retirement income security for the increasing proportion of the Canadian workforce that is not covered by a defined benefit pension plan?
How are views on the meaning of retirement changing, and what does this mean for pensions and other sources of retirement income?
Do pension plans remain an important factor in recruitment and retention? As many employees now work for multiple employers across the course of their careers, are traditional employer-sponsored pension plans still viable and/or a desirable benefit?
How is pension plan administration changing to account for evolving family structures? What steps should employers and unions take to ensure that negotiated pension plans are not discriminatory?
Workers in the gig economy, including those engaged in app-based service delivery, are excluded from traditional retirement savings avenues such as workplace pension plans because of their employment status. What policy options could extend retirement security to this group?
What role, if any, will artificial intelligence play in the administration of pension plans and pension funds?

Closing remarks: 4:15 pm ET
CPDConference CPD

This program has been approved for Continuing Professional Development 6.5 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 6.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 6.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 6.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 6.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may count this program for 6.5 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 6.5 Substantive Hours; 0 Professionalism Hours.

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.

Asset or Adversary? Examining AI’s impact on work and labour relations
2024-02-15 12:30 - 14:00 UTC | Virtual Event
Moderator

George Filliter
Arbitrator and Mediator
Filliter Arbitration and Mediation Services Inc.

Speakers

Donald Jordan
Employer Counsel
Harris & Company

Peter Lewis
Canada Research Chair, Trustworthy Artificial Intelligence
Associate Professor, Computer Science
Ontario Tech University

Trent Snikkers
Bilingual National Representative
Canadian Union of Public Employees (CUPE)

In this webinar, a panel of experts will explore the impact of artificial intelligence (AI) on the world of work and the implications for labour relations:

Are concerns about AI’s impact on work overblown? Is this technological advance really different from previous technological revolutions that raised similar concerns about unemployment and the dehumanization of work?
What aspects of work are most likely to be affected by AI? Is replacement of workers the only concern? Is encroachment upon employee privacy also of concern?
Will human resources be taken over by “algorithmic management,” e.g. filtering applications for employment, assessing employee performance, making decisions regarding termination of employment?
Will AI take over labour relations tasks such as writing policies, interpreting contract language, drafting grievances, researching law, formulating arguments based on precedent, or even deciding the outcome of grievances?
What privacy issues are raised by the introduction of new AI technologies into the workplace? What lessons can be learned from recent arbitration decisions?
How should parties address concerns about work intensification related to AI?
How can workplace parties use AI to render it an “asset” while avoiding the drawbacks that may render it an “adversary”?

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.

Labour Relations Certificate - Winter (Virtual Program)
2024-02-13 12:30 - 2024-03-07 16:00 (America/New_York) | Virtual Event
In association with:Upon completion of this program, participants will receive a certificate of completion and a digital credential.
Program Leader
Daphne Taras
Professor and Director
Centre for Labour-Management Relations
Toronto Metropolitan University
Program Faculty

Sharan Basran
Senior Executive of Legal and CounselOntario Nurses’ Association

Esi Codjoe
Employer CounselTurnpenney Milne LLP

Alex Brat
Senior Executive DirectorLabour RelationsThe Division of People StrategyEquity & Culture University of Toronto

Bruce Curran
Associate Professor, Faculty of LawUniversity of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Shana French
Employer CounselSherrard Kuzz LLP

Avner Levin
ProfessorLincoln Alexander School of LawToronto Metropolitan University

Niki Lundquist
Associate CounselLegal Department, Unifor

John McNamee
Arbitrator

Frank Miller
Director, Executive and Corporate EducationTed Rogers School of Management

Kat Leonard
National RepresentativeUnifor

Dionne Pohler
Associate ProfessorUniversity of Saskatchewan

Bob Thompson
ProfessorHuman ResourcesSeneca College of Applied Arts and Technology

Jennifer Wootton
Lawyer/Workplace Investigator

Program
The Labour Relations Certificate Program, presented by Toronto Metropolitan University and Lancaster House, is designed to provide individuals engaged in labour relations with the core skills and knowledge required to create and maintain productive union-management relationships that foster fair and efficient workplaces.
Taught by Canada’s leading labour relations scholars and practitioners, this program combines theory, leading research, and professional experience to provide an education that has immediate application in participants’ workplaces.
Program features

Access to leading Canadian experts in a small-group setting
Active learning through group discussion, case studies, and simulations
Balanced coverage of labour and management points of view
Management, union, and neutral attendees learn together
Exposure to diverse opinions and extensive knowledge of fellow participants
Variety of speakers (academics, lawyers, practitioners, subject-matter experts)

Who should attend?

Human resources professionals
Union officers and representatives
Lawyers
Managers
Mediators
Workplace investigators

2024 Winter Schedule†The Winter 2024 session of the Labour Relations Certificate Program will comprise of 8 sessions over 4 weeks, and will take place on Tuesdays and Thursdays from 12:30 p.m. to 4 p.m. ET beginning February 13, 2024.
†More detailed information coming soon.
Agenda – Winter 2024
Labour Relations Certificate CPD

This program has been approved for Continuing Professional Development 3.5 hours per session 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 3.5 Continuing Professional Development hours per session.

This program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours per session.

This program has been approved by the Law Society of British Columbia for 3.5 Substantive Hours; 0 Professionalism Hours, per session.
Members of the Law Society of New Brunswick may count this program for 3.5 Continuing Professional Development hours, per session.
Members of the Nova Scotia Barristers’ Society may count this program for 3.5 Continuing Professional Development hours, per session.
CPD for Members of the Law Society of Ontario: 3.5 Substantive Hours; 0 Professionalism Hours, per session.
This program has been approved by CPHR Nova Scotia for 3.5 Continuing Professional Development hours, per session.

Grievance Arbitration Fire Services Workshop: Current Trends, Contested Issues
2024-02-05 12:30 - 16:00 (America/Halifax) | Virtual Event
Speakers

Sean McManus
Labour Relations Counsel

Chris Albertyn
Arbitrator

Tom Roper K.C.
Labour Relations Counsel

Monday, February 5, 2024This session on grievance arbitration in the fire sector across Canada will be conducted by an experienced arbitrator together with leading union and management counsel.
Panelists will explore recent decisions relating to current issues including the following:

Discharge and discipline
Benefits and benefit-related issues (prior authorization, line of duty death, reasonable and customary limits, etc.)
Human rights and discrimination
Disability and accommodation
Privacy and privacy-related issues (medical information)
Sick leave and other leaves of absence
Minimum staffing, 24-hour shift, shift exchanges, etc.
Alcohol and drug addiction
Off-duty conduct
Mandatory vaccination

Attendees can expect to be updated on cases involving the principles of collective agreement interpretation, including the following:

Contextual evidence of negotiating history
Estoppel
Statutory freeze issues
The requirements of good faith
Fairness and management rights
Relevance of statute law

The emphasis will be on practical advice. Up-to-date materials will be provided with case summaries, overviews and analyses prepared by Lancaster’s legal staff.
Who should attend? The program is designed for:

HR directors, professionals and executives
Fire chiefs and deputy fire chiefs
Union officers, representatives and advocates
Grievance advisors and committee members
Labour lawyers/consultants
Arbitrators, mediators and adjudicators

CPDConference CPD

This program has been approved for Continuing Professional Development 3.5 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 3.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Colombia for 3.5 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 3.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may count this program for 3.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 3.5 Continuing Professional Development hours.

Interest Arbitration Fire Services Workshop: Current Issues, Proven Practices
2024-01-31 12:30 - 16:00 (America/Halifax) | Virtual Event
Speakers

Tom Roper K.C.
Labour Relations Counsel

Chris Albertyn
Arbitrator

Jeffrey Sack K.C.
Labour Relations Counsel

Wednesday, January 31, 2024Seasoned experts will address key issues and trends in interest arbitration in the fire sector, as reflected in recent arbitration awards across Canada.
Attendees can expect to learn principles and practices relating to the following:

Selecting an arbitrator
Preparing for mediation meetings and arbitration hearings
Presenting briefs and documents at arbitration
Examining alternative formats including conventional arbitration, med-arb, arb-med, final offer selection, and first contract arbitration
Criteria and how they are applied by arbitrators including replication/comparability, demonstrated need and total compensation
The treatment of substantive issues, such as wage determination, impact of inflation, staffing standards, contracting out, appropriate benefit levels, etc.
The treatment of process issues, including ground rules, package bargaining, admissibility of negotiating exchanges, propriety of late demands, estoppel, arbitrability of bargaining unit exclusions, impact of post-hearing settlements, effect of pattern-setting settlements and awards, status of unratified settlements
Effective remedies, including interim awards, retroactive decisions, referral for further negotiation, final orders, enforcement and judicial review

The emphasis will be on practical advice. Up-to-date materials will be provided with case summaries, overviews and analyses prepared by Lancaster’s legal staff.
Who should attend? The program is designed for:

HR directors, professionals and executives
Fire chiefs and deputy fire chiefs
Union officers, representatives, advocates
Union and management negotiators and negotiating committee members
Labour lawyers/consultants
Arbitrators, mediators and adjudicators

CPDConference CPD

This program has been approved for Continuing Professional Development 3.5 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 3.5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Colombia for 3.5 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 3.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may count this program for 3.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 3.5 Continuing Professional Development hours.

Annual Labour Law Update: The Latest Cases and Legislative Developments
2024-01-25 12:30 - 14:00 UTC | Virtual Event
Moderator

Elaine Doyle
Arbitrator and Mediator
Arbitration and Mediation Services

Speakers

Ian Pickard
Employer Counsel
McInnes Cooper

Alycia Shaw
Labour Relations Counsel
Air Line Pilots Association

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

What lessons can be learned from recent cases addressing government involvement in collective bargaining? When will legislation or other government actions which impact collective bargaining be found to be unconstitutional?
When will an employee’s off-duty conduct be grounds for discipline or discharge? Is an employer entitled to discipline or demote an employee for expressing unpopular or controversial views?
How have arbitrators approached the use of emerging workplace technologies which may have privacy implications? When will such technologies be considered to impermissibly infringe employee privacy?
In what circumstances have employers upheld substance use policies or testing as reasonable? What aspects of these policies or practices are more likely to render them reasonable in the eyes of arbitrators or adjudicators?
How have arbitrators approached the interpretation of collective agreement language when determining whether the National Day for Truth and Reconciliation must be treated as a holiday under the parties’ agreement?
What trends are evident in recent damage awards for employees subject to discrimination or harassment? What trends are discernible in recent discipline and discharge cases?
What noteworthy federal and provincial legislation has been introduced regarding privacy and surveillance, leave and holiday entitlements, non-disclosure agreements, pay transparency, health and safety, and use of replacement workers? What are the implications for workplaces of Canada’s ratification of the ILO Violence and Harassment Convention, 2019 and recent federal legislation dealing with forced labour? What steps should employers and unions take to prepare for or ensure continued compliance with these laws?

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

Annual Human Rights Law Update: The Latest Cases and Legislative Developments
2024-01-11 12:30 - 14:00 UTC | Virtual Event
Moderator

Douglas Sanderson
Arbitrator and Mediator
Doug Sanderson Dispute Resolution

Speakers

Joel Fairbrother
Employer Counsel
Bow River Law LLP

Mae J. Nam
Union Counsel
Ryder Wright Holmes Bryden Nam LLP

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

What is the test for establishing discrimination on the basis of family status? Has recent caselaw resolved provincial differences regarding this test?
How have arbitrators and adjudicators approached the issue of religious accommodation in recent cases? What evidence has been required to establish the need for such accommodations?
What lessons can parties draw from recent cases addressing discrimination related to physical or mental health, specifically in the context of employers requesting independent medical examinations or inquiring about employee health?
When will hiring policies or practices be found to be discriminatory? Is it permissible to inquire about an employee’s health or citizenship?
What noteworthy trends are evident in recent damage awards relating to race-based discrimination and/or poisoned work environments?
What policy changes should workplaces make in light of recent legislative updates addressing disability benefits, sick leave, and privacy and surveillance? What are the implications for workplaces of Canada’s ratification of the ILO Violence and Harassment Convention, 2019 and recent federal legislation dealing with forced labour?
Which provinces have proposed or passed pay transparency legislation? What steps should employers and unions take to prepare for or comply with these laws?

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

Effective Grievance Handling and Arbitration Advocacy: Intensive training for employers and unions, Toronto
2023-12-12 09:00 - 2023-12-13 16:00 (America/Toronto) | U of T Woodsworth College Residence (Room 25), 321 Bloor St W, Toronto, Ontario, M5S 1S5, Canada
Program Faculty

Sarah Crossley
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Brian Etherington
Arbitrator

Lewis Gottheil
Union Lawyer and Educator

Program DetailsWhile arbitration of a grievance tends to be viewed as “the main event,” the procedure leading up to arbitration should not be neglected. Employer and union representatives should cultivate the skills and knowledge necessary to resolve grievances early, before expensive and unpredictable arbitration is necessary. Of course, not every grievance can be settled without arbitration. When arbitration is necessary, both employer and union representatives need to be able to effectively mount a successful grievance arbitration case or to give maximum assistance to counsel.
Over the course of this two-day session, leading employer and union counsel and one of Canada’s foremost arbitrators will lead participants in interactive discussion of strategies for settling grievances before arbitration and explain how to win cases when arbitration is necessary.
Working through a realistic grievance with the guidance of experts, participants will learn to:

Prepare effectively for formal grievance meetings;
Determine which grievances should go to arbitration;
Identify key issues, strengths, and weaknesses of a grievance;
Address preliminary issues, such as timeliness;
Obtain and provide appropriate disclosure;
Prepare, examine, and cross-examine witnesses;
Make persuasive opening and closing statements.

Tuesday, December 12, 2023Breakfast: 8:30 am – 9:00 am ET
Program: 9:00 am – 4:00 am ET
Wednesday, December 13, 2023Breakfast: 8:30 am – 9:00 am ET
Program: 9:00 am – 4:00 am ET
CPD

This program has been approved by CPHR Alberta for 11 Continuing Professional Development hours.

This program has been approved for 11 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.
This program has been approved by the Law Society of Saskatchewan for 11 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 11 Continuing Professional Development hours.

Hired, Fired, and Everything In-Between: Taking stock of highlights and major trends in employment law
2023-12-07 12:30 - 14:00 UTC | Virtual Event
Moderator

Chantelle MacDonald Newhook, K.C., Q.Arb
Arbitrator, Mediator, Independent Investigator, and Vice-Chair
Newfoundland and Labrador Labour Relations Board

Speakers

Lori Brienza
Employer Counsel
Mathews Dinsdale

Mark Repath
Employee Counsel
Israel Foulon LLP

In this webinar, leading experts will discuss and consider the impact of key employment law decisions and legislative updates from across Canada. Topics to be addressed include the latest on wrongful dismissals, lay-offs, the enforceability of termination and other contractual clauses, and key human rights issues such as requiring proof of citizenship or permanent residency as a condition of employment. The panel will also flag significant class actions, ongoing litigation, and legislative changes. Final topics will be selected in the weeks prior to the webinar to ensure the latest and most relevant developments are included.
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.
This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.
