Lancaster House

Ottawa Labour Law Conference 2025
2025-10-07 - 2025-10-08 | Rogers Centre Ottawa, 55 Colonel By Drive, Ottawa, Ontario, K1N 9J2, Canada
Wednesday, October 8, 2025
Breakfast and Registration: 8:00 am – 9:00 am

Opening Remarks: 9:00 am – 9:05 am

Opening Plenary by Alan Arcand - From Trade Shocks to Job Losses: Weathering the New Economic Landscape - 9:05 am – 9:35 am

Alan Arcand
Chief Economist, Canadian Manufacturers & Exporters (CME)

This address will provide an overview of Canada’s economic outlook, focusing on the impact of U.S. tariffs and the country’s ongoing competitiveness challenges. We will then examine how these forces, together with structural factors such as population aging and rising retirement rates, are reshaping the labour market , particularly their effects on different demographic groups and what they mean for workers and employers across Canada.

Panel 1: From Hearings to Headlines: Key developments in cases and legislation - 9:35 am – 11:05 am

Katherine Cotton
Lawyer and Workplace Investigator

Sean Kelly
Director and Senior Counsel
Treasury Board Secretariat – Legal Services

Amanda Montague-Reinholdt
Union Counsel
Raven Law LLP

In this session, panelists will delve into recent significant developments in federal and Ontario labour law, exploring guiding principles and emerging trends in a changing world of work. Panelists will address the latest cases on topics including:

Government intervention in collective bargaining disputes raising issues of freedom of association under the Charter of Rights
Employment standards and termination

discharge and discipline
off-duty conduct

Economic issues

Tariffs and economic uncertainty

Workplace rights and responsibilities

discrimination, harassment, and accommodation
privacy
drug and alcohol testing
workplace investigations

Freedom of expression

Panelists will also address recent federal and Ontario legislative and regulatory developments, such as:

The Working for Workers’ Act series;
updated government guidance regarding requirements under federal supply chain transparency legislation;
legislation restricting the use of strike replacement workers passed federally; and
Quebec legislation on arbitrator selection and government powers to pause or prohibit strikes.

Break: 11:05 am – 11:20 am

Keynote Speech by Sheila James - DEI and the Political Pendulum - 11:20 am – 11:50 am

Sheila James
DirectorOffice of I-IDEAS Indigeneity- Inclusion, Diversity, Equity, Access and Social justiceChildren’s Hospital of Eastern Ontario (CHEO)

From the global reckoning sparked by COVID-19, the murder of George Floyd, and findings of unmarked graves of children at former residential schools to the polarizing rhetoric of the present moment and escalating global conflict, equity, diversity, and inclusion (EDI) professionals are navigating workplaces that are increasingly divisive or silenced. This keynote explores the impact of policy changes in the U.S. on Canadian organizations. Which organizations have dropped their EDI programs, and which have retained them. How has the EDI conversation evolved — and how are professionals moving through these turbulent times.
Lunch: 11:50 am – 1:00 pm

Panel 2: Out of Sight, Out of Line? Managing Absenteeism, Undue Hardship and RTO Compliance in Remote Work Arrangements - 1:00 pm – 2:15 pm

Christine Johnson
Union Counsel
Champ & Associates

Russell MacCrimmon
Employer Counsel
Bird Richard

Over five years after the onset of the COVID-19 pandemic, employers and unions continue to grapple with issues related to remote, hybrid, and in-person work. In this session, experts will provide insight into issues currently facing an employee’s return to the office (“RTO”), including: absenteeism, presenteeism, and the employer’s duty to accommodate to the point of undue hardship. Specifically, the following questions will be addressed:

As a matter of law, do employers have the unfettered right to require employees to return to in-person work on a schedule determined by the employer? If there are limits on that right, what are they? How do workplace policies and collective agreement language affect the matter?
Can an employee insist on remote work as a form of health-related accommodation? Will an employee be entitled to work from home during pregnancy? Does an employee’s susceptibility to contracting an illness at the workplace warrant accommodation? What is the type and scope of medical information that is required to support these requests?
In what circumstances have decision-makers found that employees should be permitted to work from home, on a full-time or part-time basis, in order to accommodate obligations related to their family status, such as childcare or eldercare responsibilities? What kinds of information can employers require to support such a request? How can employers and unions distinguish an employee’s personal preferences from legitimate accommodation needs?
How have arbitrators dealt with employees’ requests to work from home because of difficulty commuting to the workplace due to a disability? Does an employer have a duty to accommodate an employee’s commute to work where the employee has a disability? If so, what is considered reasonable accommodation?
When will the return of an employee to in-person work amount to a bona fide occupational requirement (BFOR)? When will an employer be able to establish that undue hardship will arise if an employee is allowed to work remotely?
How should employers and unions address increased absenteeism due to RTO? Are there working options that help improve attendance?
How should employers and unions address presenteeism, i.e. when employees attend work knowing that they are ill and maybe contagious?
What aspects of work-from-home or hybrid work arrangements should be specifically addressed in policies or collective agreement provisions. e.g. cost of equipment, availability for virtual meetings, office communications?

Break: 2:15 pm – 2:30 pm

Panel 3: Social Media, Surveillance, & AI-Driven Management Decisions: Where are we now? Where are we headed? An interactive session - 2:30 pm – 4:00 pm

Justin Amaral
Legal Counsel
National Police Federation

Marie-Pier Dupont
Employer counsel
Emond Harnden

Steven Gaon
Mediator, Arbitrator, Investigator
ADR Ottawa Inc.

This session will provide employers and unions with the best available insight into AI-driven management decisions, employee surveillance, and social media. Experienced management and union counsel will join an arbitrator to discuss three hypothetical scenerios relating to AI management, social media use, and surveillance.
Specific issues to be addressed include:

What is the current role of AI-driven tools in management decision-making, and how is that role expected to evolve in the future?
In what circumstances can an employer dismiss an employee for inappropriate social media posts? Where is the line between free speech and offensive speech?
How are employers and unions addressing the use of algorithmic management in collective agreements?
What arguments for and against the use of algorithmic management will arbitrators find most compelling?
What arguments for and against the use of employee surveillance have arbitrators accepted or rejected?
What legal concerns arise when an employer uses AI to assess candidates’ suitability for positions?

Conference End: 4:00 pm

Tuesday, October 7, 2025
Workshop
*Workshop sold separately from stand-alone conference.
Workshop schedule: 9:00 am – 4:00 pm ET
Designing for Inclusivity: Supporting and accommodating mental health and neurodivergence at work

David Bennett
Mediator, Arbitrator, and Investigator

Odessa O’Dell
Employer Counsel
Borden Ladner Gervais LLP

Morgan Rowe
Union Counsel
RavenLaw LLP

Dr. Julia Ryan
Registered Psychologist

As awareness of mental health and neurodiversity grows, workplaces are adapting to create inclusive environments where neurodivergent employees can thrive. This includes understanding their unique strengths, providing necessary accommodations, and fostering a culture of acceptance and understanding. This interactive workshop will explore how employers, unions, and employees can work together to build inclusive environments that support neurodivergent individuals and those experiencing mental health challenges. Through panel discussion and practical scenarios, participants will address key questions, including:

What does the term “neurodivergent” include? What are similarities and differences between learning disabilities, ADHD, and Autistic Spectrum Disorders (“ASD”)? What can be done to combat stereotypes affecting the inclusion and accommodation of neurodivergent employees and those with mental health issues in the workplace?
What can employers and unions do to reduce the barriers faced by neurodivergent job seekers in the hiring and onboarding processes?
What type of medical information can employers request from neurodivergent employees seeking accommodation, g. a neuropsychological or psychoeducational evaluation?
How can employers, unions, and employees address systemic barriers at work throughout the employment relationship?
What accommodations would be most helpful for employees with the following:

Learning disabilities
ASD
Mental health disorders and conditions (i.e. bipolar disorder, depression, anxiety)

Have legal obligations evolved to include a duty to promote workplace mental health and prevent workplace mental harms such as stress and burnout?
What proactive steps can employers, unions, and employees take now to address organizational and individual factors contributing to stress and burnout?
How can employers and unions measure efforts and progress toward workplace equity?
What role are unions playing in setting workplace equity policies and programs, implementing them, and measuring their progress as it relates to neurodiversity initiatives?
Is a ‘right to disconnect’ necessary to promote psychological health and safety? If so, how should this right be defined? Do amendments to Ontario’s Employment Standards Act, 2000 provide adequate guidance?
What signs may indicate that an employee has a mental health condition or other condition that may require accommodation or support?
How can employers and unions identify threats to mental well-being specific to their workplace?

Pricing
Ottawa Labour Law Conference$1,395.00Add to cart

Ottawa Labour Law Conference – Workshop$1,195.00Add to cart

Ottawa Labour Law Conference & Workshop$2,195.00Add to cart

Conference Co-Chairs

Sophie Arseneault
Employer Counsel
Fasken Martineau DuMoulin LLP

Paul Champ
Union Counsel
Champ & Associates

David Jewitt
Principal
Jewitt Arbitration & Mediation Services Inc.

Advisory Committee

Lauren Brecher
Employer Counsel
Emond Harnden LLP

Sasha Hart
Founder
Sasha Hart Law

Henry Huang
Crown Counsel
Treasury Board Secretariat, Legal Services Branch
Ontario Ministry of the Attorney General

Jordan Levis-Leduc
General Counsel
National Police Federation

CPD
Conference CPD

This program (CPD Code) has been approved for 5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development Log of the Human Resource Professionals Association (HRPA).

Members of the Law Society of Ontario may consider counting this program for 5 Substantive hours; 0 Professionalism hours.

Workshop CPD

This program (CPD Code) has been approved for 5.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development Log of the Human Resource Professionals Association (HRPA).

Members of the Law Society of Ontario may consider counting this program for 5.5 Substantive hours; 0 Professionalism hours.

DoubleTree by Hilton Ottawa Downtown
Reserve By:
Saturday, September 15, 2025. After this date, the special group rate will no longer be available and reservation requests will be based on availability that is subject to the hotel’s rates.

Start Date
End Date
Room Type
Single

October 6, 2025
October 9, 2025
Standard 1 Kg Bed
$299

If any attendees wish to extend their stay by 3 days before the event (October 6, 2025) or 3 days after the event ends (October 7, October 9, 2025), they can easily modify their reservation by calling our front desk at 613-230-3033 or emailing us at doubletree@doubletreeottawa.com mentioning the group name example: Lancaster Individual.
Reserve Online

National Health & Safety Conference 2025
2025-09-10 12:30 - 16:30 (America/Halifax) | Virtual Event
Advancing Workplace Health, Safety, and Compliance Across CanadaWhat is the National Health & Safety Conference 2025?The National Health & Safety Conference 2025 is a premier virtual event designed to equip HR professionals, industrial relations specialists, executives, union representatives, health and safety experts, workers’ compensation specialists, and labour and employment lawyers with the latest insights and strategies in workplace health and safety. Hosted by Lancaster House, this half-day conference on September 10, 2025, offers a dynamic platform for industry leaders and practitioners to engage in insightful discussions and collaborative exchanges.
$699.00Read more

What We’re CoveringThis year’s conference delves into critical topics shaping the future of workplace health and safety:

Annual Check-Up: Key Cases and Legislative Developments – Experts dissect significant legal cases and legislative updates, providing participants with a comprehensive understanding of the evolving legal landscape.

From Insult to Injury: Addressing psychological and physical harm in the workplace
Each session is led by renowned experts, ensuring participants gain actionable insights and up-to-date knowledge.
Who Should Attend?This conference is tailored for professionals dedicated to enhancing workplace health and safety:
Human Resources Managers and Directors – Stay informed on the latest health and safety regulations and best practices.Industrial Relations Specialists – Navigate the complexities of workplace safety in unionized environments.Executives and Business Leaders – Understand the strategic implications of health and safety compliance.
Union Officers and Representatives – Advocate effectively for worker safety and well-being.

Health and Safety/Workers’ Compensation Specialists – Deepen your expertise in risk assessment and injury prevention.

Labour and Employment Lawyers/Consultants – Provide informed counsel on health and safety legal matters.
Key Learning OutcomesBy attending, you will:
Gain a comprehensive understanding of recent legal cases and legislative changes affecting workplace health and safety.Develop effective strategies for monitoring productivity while respecting employee privacy in a digitalized work environment.Learn to identify and address various causes of workplace impairment, implementing appropriate risk mitigation and accommodation measures.Engage with leading experts through interactive panels and discussions, enhancing your professional practice.Network with peers across industries, fostering collaborative approaches to common health and safety challenges.Why Choose Lancaster House?With a legacy of excellence in legal publishing and labour arbitration insights, Lancaster House is committed to delivering high-quality educational experiences. Our conferences are curated by leading experts, ensuring that participants receive current, relevant, and practical information applicable to their professional roles.

Expert-Led Content – Learn from Canada’s foremost authorities in workplace health and safety.

Engaging Virtual Platform – Participate in an interactive and user-friendly virtual environment.

Comprehensive Resources – Access meticulously crafted materials designed to support your ongoing professional development.

Networking Opportunities – Connect with a diverse group of professionals dedicated to advancing workplace health and safety.
Wednesday, September 10, 2025Introductory remarks: 12:30 pm – 12:35 pm ET
Keynote Speech by Kevin Hedges - Learning the lessons from COVID-19 for worker protection, accessibility, and inclusion - 12:35 pm – 1:05 pm ET

Kevin Hedges
Occupational Hygienist at Occupational Health Clinics for Ontario Workers Inc (OHCOW)

Break: 1:05 pm – 1:20 pm ET
Panel 1 - Your Annual Check-Up: The latest caselaw and legislative developments - 1:20 pm – 2:50 pm ET

Colin Gusikoski
Union Counsel
Victory Square Law

Shaheen Hirani
Union Counsel
United Steelworkers

David Myrol, K.C.
CEO
National Safety Services Inc.

Thelma Zindoga
Employment Lawyer

This panel will highlight recent and significant developments in health and safety law across the country. Experts will discuss the latest decisions with a focus on the following topics:

Liability:

trends in prosecutions and enforcement actions, including employer and supervisor liability; and
damage awards.

Investigations and compliance:

organizing workplace harassment investigations; and
employment standards.

Medical information and workplace health:

requesting and relying on medical information;
employee sickness and provision of medical notes;
consequences of non-compliance with COVID-19 vaccination policies; and
drug and alcohol policies and justification for testing.

Experts will also review developments impacting workplace health and safety, such as:

employment standards under the federal Accessible Canada Act (CAN/ASC-1.1:2024 – Employment);
workplace health barriers for migrant workers and newcomers to Canada; and
mandatory minimum fines and defining workplace harassment (Ontario’s Working for Workers Act series).

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments in a shifting political landscape.
Break: 2:50 pm – 3:05 pm ET
Panel 2 - From Insult to Injury: Addressing psychological and physical harm in the workplace - 3:05 pm – 4:30 pm ET

Tony Hart
Certified Health and Safety Consultant
Public Services Health and Safety Association

Paul Macchione
Partner
Norton Rose Fulbright Canada LLP

Nancy MacLean
Regional Health & Safety Representative
Public Service Alliance of Canada (PSAC) Atlantic

This panel will explore the expanding definitions of workplace violence, encompassing both physical and psychological harm, and the legal, organizational, and human responses needed to prevent harm, promote employee well-being, and strengthen workplaces overall. Specifically, panelists will address:

Is violence limited to actions that cause physical harm to a person, or does it include threats, verbal abuse, or property damage?
What must be done to ensure that policies are effectively drafted, implemented, reviewed, and improved?
How should workplace parties assess the general risk of workplace violence from clients, patients, or other third parties?
What legal obligations do employers have to assess and control workplace risk factors that may contribute to poor mental health?
What role, if any, should the National Standard of Canada for Psychological Health and Safety in the Workplace play in protecting and promoting workers’ mental health?
How can conflict management strategies mitigate the risk of harassment or violence in the workplace?
What obligations do unions have to support members who are facing violence and/or harassment from third parties?
When can employees refuse work due to the belief in the risk of violence from members of the public? Can workers excluded from the general right to refuse unsafe work under occupational health and safety legislation (i.e. police officers, firefighters, correctional officers, health care workers), refuse work on the basis that a patient or client poses a danger?
In light of recent changes to Alberta’s OHS Code (Part 27), Ontario’s Working for Workers Act, and other provincial legislative changes, what must employers do to ensure their policies remain compliant and up to date?
What workplace practices promote physical and mental wellness? What resources, both in terms of guidance and data, are available?

Closing Remarks: 4:30 pm ET
Conference Co-Chairs

Chris Bryden
Union Counsel
Ryder Wright Holmes Bryden Nam LLP

Michelle Jones
Employer Counsel
Lawson Lundell LLP

Conference Advisory Committee

Lori Harreman
Legal Coordinator
Ontario Nurses’ Association (ONA)

Arif Jetha
Associate Scientific Director
Institute for Work and Health
Associate Professor
University of Toronto’s Dalla Lana School of Public Health

Lindsay Mullen
Employer Counsel
Norton Rose Fulbright LLP

CPDConference CPD

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

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

This program has been approved for Continuing Professional Development 3.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia for 3.5 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 3.5 Substantive hours; 0 Professionalism hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 3.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 3.5 Continuing Professional Development hours.
This event contains 3.5 technical hours and may be eligible for BCRSP CPD points. See the BCRSP website at www.bcrsp.ca for CPD point criteria.

SupportThis conference is supported by the Institute for Work & Health.

It’s a Matter of Time: The latest on monitoring, time theft, and productivity in a digital world
2025-09-09 12:30 - 14:00 (America/New_York) | Virtual Event
$595.00Add to cart

ProgramEmerging technologies have equipped employers with novel methods of monitoring employees and tracking productivity. The panel will explore the permissibility of monitoring and surveillance in relation to employees’ privacy concerns and discuss recent cases addressing “time theft”. Specifically, the speakers will address the following questions:

What constitutes employee “time theft”? How does “time theft” differ from a lack of productivity? Do employees’ intentions matter when determining if they committed “time theft”?
What types of evidence can employers rely on to demonstrate “time theft” or productivity issues? Will circumstantial evidence suffice?
How should an employer approach “time theft” and productivity concerns at a disciplinary meeting? Are employers required to provide advance notice of the dates and times in question? What is the union’s role in this process?

What are consequences for employers that impose discipline due to “time theft” without properly considering or inquiring into an employee’s disability? How should unions support members with disabilities accused of “time theft”?
What disciplinary measures have adjudicators and arbitrators deemed appropriate for “time theft”?
How are adjudicators balancing an employer’s right to enforce productivity and an employee’s right to privacy? Does the scope of surveillance differ for remote workers?
Are there any restrictions on how long employers can retain employee information gathered through surveillance? Can employers and adjudicators use previously collected data in a future dispute?
How should workplace policies and collective agreements effectively address “time theft”?

Moderator

David Orfald
Board Member
Federal Public Sector Labour Relations Employment Board

Speakers

Andrew Astritis
Union Counsel
RavenLaw LLP

Jena Montgomery
Senior Counsel, Department of Justice Canada

AccreditationCPD

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

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

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

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

Responding to Employees in Distress: Recognizing and responding to mental health crises at work
2025-08-14 12:30 - 14:00 (America/New_York) | Virtual Event
$595.00Add to cart

ProgramIf a mental health emergency occurred at work today, would you and your organization know how to respond? In this webinar, expert panelists will examine key legal obligations and provide essential guidance in proactively addressing mental health crises in the workplace. The webinar will examine questions including:

What signs may indicate that an employee is struggling with a mental health issue? How can these concerns be identified for employees working remotely? When may the “duty to inquire” arise and what steps must employers and unions take to fulfill this duty?
How, where, and when should employers or union representatives ask someone if support and/or accommodation is needed for a mental health issue? How should managers and union representatives engage with someone who is reluctant to discuss a possible mental illness or disability?
Does an employer’s duty to provide a safe work environment extend to ensuring psychological safety at work? What steps can organizations take to create workplaces where employees feel able to come forward before reaching a crisis point?

What signs may indicate that an employee is in crisis and what steps should be taken in response? For example, how should employers and union representatives respond when an employee:

Experiences a panic attack?
Engages in or expresses thoughts of self-harm or suicide?
Appears out of touch with reality or intoxicated?
Utters threats or appears on the verge of violence?

What steps should be taken following a mental health crisis at work? How can organizations balance the need to communicate with other employees regarding the situation while respecting employee privacy? What additional steps should be taken where the crisis involves or impacts multiple employees (for example, in the event of a traumatic incident in the workplace)?
Is it ever permissible or appropriate to discipline an employee who engages in misconduct as a result of a mental health crisis? May an employer require medical proof that an employee is fit to return to work following a crisis?
Can employers and unions be held liable for failing to appropriately respond to a mental health crisis?
What steps should organizations take now to prepare for potential future mental health emergencies?

Moderator

Geneviève Debané
Mediator and Arbitrator
Vice-Chair, Ontario Labour Relations Board

Speakers

Jenna Brookfield
National Health and Safety Representative
Canadian Union of Public Employees (CUPE)

Liz Horvath
Founder and President
Hale Health and Safety Solutions Ltd.

Veronica Ukrainetz
Associate Counsel and Mediator
Ascent Employment Law

AccreditationCPD

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

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

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

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

Clothes Encounters: Balancing safety, accommodation, and management rights in workplace dress code policy
2025-07-31 12:30 - 14:00 (America/New_York) | Virtual Event
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$395.00Add to cart

ProgramHow can workplaces effectively develop and enforce dress code policies that meet business needs while complying with human rights and safety obligations. Specifically, the panel will discuss:

What is the purpose of workplace dress codes, and how can organizations ensure that they are reasonable,effective, and enforceable?
Will courts or tribunals find that requiring an employee to remove religious attire to comply with a dress code was discriminatory?
To what extent can employers regulate or restrict employees from wearing clothing or accessories indicating personal beliefs or affiliations (e.g., wearing union insignia or attire with political slogans)?
Can employers regulate the grooming habits of employees? In what circumstances, if any, can an employer restrict the use of make-up or jewelry, or the visibility of tattoos and body modifications in the workplace?

Are dress code policies enforceable for remote workers? Can employers enforce dress code policies for positions that don’t involve client or public interaction?
Can dress code policies regulate how employees dress outside of work hours?
Must employees comply with the “work now, grieve later” principle when asked to alter their appearance (e.g. remove false nails, shave a beard, remove piercings, etc.)?
What are best practices for employers and unions when addressing an employee’s non-compliance with dress code policies? Will past inconsistent enforcement of dress code policies affect discipline and/or enforcement?

Moderator

Lisa Gallivan
Arbitrator, Mediator and Workplace Investigator

Speakers

Jaime Hoopes
Employer Counsel
Roper Greyell LLP

Chetan Muram
Dewart Gleason LLP

AccreditationCPD

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

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

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

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

Testing, Testing, One-Two-Three: The latest word on workplace drug and alcohol tests
2025-07-17 12:30 - 14:00 (America/New_York) | Virtual Event
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$395.00Add to cart

ProgramDrug and alcohol testing can be key to workplace safety, but raises challenges of balancing safety and privacy rights. This webinar will explore justification for drug and alcohol testing, accommodation processes, reasonable cause testing, and post-incident testing. Specifically, the following questions will be addressed:

When can employers request that an employee submit to reasonable cause or post-incident testing?
When is pre-placement, pre-access, and random testing justified? Does this analysis differ for safety-sensitive positions?
What are recent examples of alcohol and drug testing or monitoring mechanisms that are deemed a) minimally intrusive and justified or b) excessively intrusive and in violation of privacy rights?
What privacy rules must employers adhere to when requesting drug and alcohol tests or utilizing monitoring mechanisms?

Can an employer require that employees undertake treatment for alcohol or substance use disorder as part of an accommodation process? Can an employer designate a specific treatment program even if an employee provides an alternative treatment option? Can an employer enforce monitoring mechanisms?
Can employers impose discipline for alcohol or substance use without inquiring about an employee’s disability? What if an employee does not disclose a disability requiring accommodation? What is the role of the union in this process?

Moderator

David Jewitt
Principal
Jewitt Arbitration & Mediation Services Inc.

Speakers

James Green
Employer Counsel
Cox and Palmer

Rebecca Kantwerg
Union Counsel
Victory Square Law LLP

AccreditationCPD

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

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

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

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

Lancaster’s Workplace Essentials: Employee medical information for sick leave, accommodation, and return-to-work – When and what medical information can employers request?
2025-06-19 12:30 - 14:00 UTC | Virtual Event
In this installment of Lancaster’s Workplace Essentials webinar series, panelists will review key principles governing the collection of employee medical information in unionized workplaces.
The webinar will address questions including:
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$395.00Add to cart

Does the type and scope of information that employers can request differ depending on the purpose for which the information is being collected (e.g. in relation to benefits administration, sick leaves, accommodation, attendance management, or certification of fitness and return to work)?
Is an employer entitled to information regarding an employee’s condition? Or only about any restrictions on job duties?
What can employers or unions do when medical information is based largely on self-reporting? Must employees provide “objective evidence” of their conditions, such as the results of a medical test or standardized clinical measure?
Can workplace parties request more specific information where the information provided is vague, deficient, or contradictory?

When is it permissible to request that an employee provide a specialist report or undergo an independent medical examination? What is the union’s role when this has been requested?
Are employers or unions entitled to communicate directly with an employee’s physician or require the employee be authorized to do so or provide a “blanket release” of employee medical information?
In what circumstances have arbitrators found standardized medical forms to be overbroad or otherwise inappropriate?
How should employers and unions respond where an employee fails to provide medical information that has legitimately been requested?

Moderator

Arvin Asadi
Lawyer and Workplace Investigator
Southern Butler Price

Speakers

Philip Abbink
Union Counsel
Cavalluzzo LLP

Marc Rodrigue
Partner, Fasken Martineau DuMoulin LLP

AccreditationCPD

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

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

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

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

43rd Annual Calgary Labour Arbitration and Policy Conference
2025-06-12 - 2025-06-13 | Sheraton Suites Calgary Eau Claire, 255 Barclay Parade Southwest, Calgary, Alberta, T2P 5C2, Canada
Navigating Labour Relations, Arbitration, and Employment Policies in AlbertaWhat is the Calgary Labour Arbitration and Policy Conference 2025?The Calgary Labour Arbitration and Policy Conference 2025 is designed to provide HR professionals, labour relations specialists, legal practitioners, and union representatives with the latest insights into labour arbitration, employment law, and workplace policies. Hosted by Lancaster House, this two-day conference offers a comprehensive program featuring expert-led workshops, keynote speeches, and interactive sessions focused on the unique challenges and developments in Alberta’s labour landscape.
Pre-Conference Workshop – Calgary Labour Arbitration and Policy ConferenceRead more

Calgary Labour Arbitration and Policy Conference & Pre-Conference WorkshopRead more

Calgary Labour Arbitration and Policy ConferenceRead more

What We’re CoveringThis year’s conference addresses critical topics shaping the future of labour relations and employment policies:

Essentials of Advocacy in Mediation – Strategies for effective preparation and delivery in the mediation process.

Conducting Fair and Bias-Free Investigations – Practical approaches to ensure integrity and impartiality in workplace investigations.

Accommodating Elusive Disabilities – Best practices for obtaining medical information and creating appropriate accommodations.

Labour Relations in Uncertain Times – Exploring the implications of economic and political climates on the world of work.

Technological Change and Workplace Privacy – Addressing issues related to surveillance, monitoring, and privacy in the digital age.

Implementing Equity, Diversity, and Inclusion (EDI) – Strategies for fostering inclusive environments within unionized workplaces.
Who Should Attend?This conference is tailored for professionals involved in labour relations and employment law:

HR Managers and Directors – Enhance your understanding of arbitration processes and policy development.

Labour Relations Specialists – Stay informed on the latest arbitration cases and legislative changes.

Legal Practitioners – Gain insights into emerging trends and case law in labour and employment sectors.

Union Representatives – Learn effective advocacy and negotiation strategies.

Corporate Executives – Understand the impact of labour policies on organizational operations.
Key Learning OutcomesBy attending, you will:

Develop skills to conduct impartial and thorough workplace investigations.

Understand legal requirements and best practices for accommodating disabilities.

Analyze the impact of economic and political factors on labour relations.

Navigate challenges posed by technological advancements in workplace privacy.

Implement effective EDI initiatives within unionized environments.
Why Choose Lancaster House?With a legacy of excellence in legal publishing and labour arbitration insights, Lancaster House is committed to delivering high-quality educational experiences. Our conferences are curated by leading experts, ensuring participants receive current, relevant, and practical information applicable to their professional roles.

Expert-Led Sessions – Learn from distinguished professionals in labour law and arbitration.

Comprehensive Materials – Access detailed resources and case studies.

Networking Opportunities – Connect with peers and industry leaders.

Practical Insights – Gain strategies ready for immediate implementation.
Thursday, June 12, 2025Breakfast: 8:00 am – 8:40 am MT
Introductory remarks: 9:00 am – 9:10 am MT
Pre-Conference Concurrent Workshops (Choice of 1 of 3)*Workshops sold separately from stand-alone conference.
Workshop schedule: 9:00 am – 4:00 pm MT
(The schedule will run concurrently for all three workshops until 4:00 pm)
Workshop 1 - Essentials of Advocacy in the Mediation Process: Strategy, preparation and delivery

Wilson Chan
Employer Counsel
Mathews, Dinsdale & Clark LLP

Paulette DeKelver
Mediator
DeKelver Dispute Resolution

Ella Henry
Counsel
Canadian Union of Public Employees

Bruce Moffatt
Mediator
BM consulting

The ability to use mediation to successfully resolve grievances is essential for labour relations practitioners and requires effective preparation, strong negotiation and advocacy skills, and attention to the needs and interests of each party. In this workshop, panelists will provide expert guidance on representing workplace parties at mediation. The session will cover practical skills and key legal concepts, equipping attendees to:

Recognize how power imbalances and “invisible” barriers may impact the mediation process and take steps to address those barriers;
Determine when it is appropriate to use mediation to seek to resolve a grievance;
Select a mediation process (such as mediation-arbitration versus distinct mediation and arbitration processes) and select an appropriate mediator;
Prepare for the mediation strategically and thoroughly;
Communicate effectively and use different negotiating styles to relay a position and bridge impasses;
Understand and leverage opposing parties’ interests and objectives;
Apply key legal and practical considerations in crafting settlement agreements; and
Recognize when settlement is unlikely and arbitration is necessary.

Attendees will work together on an interactive exercise guided by the workshop facilitators, allowing participants to apply principles and practice skills learned throughout the day in a supportive setting.
Workshop 2 - Conducting Effective, Fair, and Bias-Free Investigations: A practical, hands-on workshop

Sylvie Lang
Lawyer and Workplace Investigator
Southern Butler Price

Jackie Laviolette
Employer Counsel
Mathews, Dinsdale & Clark LLP

Maryna McTague
Union Counsel
Seveny Scott

Workplace investigations are essential for addressing harassment and discrimination, but if mishandled, they can cause further harm to employee well-being and lead to the loss of valuable employees. This full-day workshop offers hands-on scenarios and practical insights to ensure fair, effective investigations that strengthen workplace culture. The panel will explore the following questions:

Identify procedural mistakes that can render investigations inadequate;
Understand how adjudicators assess and award damages for an employer’s failure to investigate;
Evaluate when to conduct an internal investigation versus retaining an external investigator;
Recognize signs of trauma in complainants and witnesses and adapt investigative approaches accordingly;
Apply interview techniques that encourage participation while minimizing re-traumatization;
Ensure investigations accommodate employees with disabilities, language barriers, and other diverse needs;
Implement practical steps to protect involved parties during an ongoing investigation;
Enhance transparency in investigative decision-making processes; and
Explore ways unions and management can support workplace positive workplace relations after an investigation.

Workshop 3 - Disabilities that Elude Diagnosis: Obtaining medical information, creating appropriate accommodations

Greg Francis
Arbitrator and Mediator

April Kosten
Employer Counsel
Dentons LLP

Dr. Maryana Kravtsenyuk
Assistant Clinical Professor Department of Psychiatry
University of Alberta

Cherie Langlois-Klassen
Union Counsel
Blair Chahley Klassen

An employer’s duty to accommodate an employee’s disability can apply even without a formal diagnosis. This session explores the challenges of complex disabilities, offering guidance on appropriate inquiries, effective accommodations, and when undue hardship has been established. Participants will engage in practical scenarios and leave this session with an understanding of key issues, including:

What it means to have a medical condition that eludes diagnosis;
Requirements for establishing a disability and how this applies to disabilities that are difficult to diagnose;
What information an employer is entitled to in the accommodation process for difficult-to-diagnose disabilities and how employers can approach asking for this information;
What information an employee must and/or should provide in the accommodation process for these disabilities;
How employers and unions can approach accommodation where information and expertise may be scarce, the disability difficult to diagnose, and/or more information than provided is needed;
How employers can distinguish between difficult-to-diagnose disabilities and sick leave abuse;
The role of the employer, employee, and union in accommodating disabilities that are difficult to diagnose;
How employers should respond to requests for accommodation prior to an official diagnosis and colleague complaints regarding these accommodations;
Suggested accommodations for common difficult-to-diagnose conditions; and
When undue hardship has been established.

ConferenceSponsored by:Conference registration includes access to an evening networking reception and plenary on June 12, as well as three plenary sessions and your choice of two concurrent sessions on June 13.
Cocktail networking reception: 5:00 pm – 7:00 pm MT
Introductory remarks by co-chairs: 7:00 pm – 7:05 pm MT
Keynote Speech by The Honourable Justice Michele H. Hollins - Lessons from my Breakdown - 7:05 pm – 7:35 pm MT

The Honourable Justice Michele H. Hollins

Lessons from my Breakdown
Break: 7:35 pm – 7:45 pm MT
Evening Plenary - Labour Relations in Uncertain Times: Exploring the implications of the economic and political climate for the world of work - 7:45 pm – 9:00 pm MT

Tricia Gibbs
Labour Relations Officer
United Nurses of Alberta (UNA)

Chantel Kassongo
Employer Counsel
Neuman Thompson

Charles St-Arnaud
Chief Economist
Credit Union Central Alberta

Trevor Tombe
Professor
Department of Economics
University of Calgary

In an era of economic uncertainty and political change, unions and employers must address evolving labour policies, geopolitical pressures, and shifting worker expectations. The panel will examine key economic and political trends shaping collective bargaining and workplace relations in 2025, specifically addressing:

What short- and long-term economic and political trends are predicted in 2025 in Alberta? In Canada?
How are broader geopolitical events, including global economic instability, supply chain disruptions, rail strikes, and international trade agreements, affecting labour relations and economic security for workers in Alberta and across Canada?
How will U.S. tariffs on Canadian goods and services impact workplace stability and collective bargaining in Alberta, and what ongoing effects can be expected? What strategies can unions and employers implement to navigate these challenges?
What changes can be expected to employment standards and regulations on strike activity, and how will they influence bargaining strategies?
What key demands are emerging at the bargaining table in the current climate? How are debates on workplace rights, AI, remote work, EDI, gig work, job security, and social justice influencing priorities at the bargaining table?
How can unions and employers address the growing political polarization in workplaces, especially when employees have diverging views on economic policy, government intervention, and labour rights?

Friday, June 13, 2025Breakfast: 8:00 am – 8:40 am MT
Introductory remarks by co-chairs: 8:40 am – 8:45 am MT
Plenary 2 - The Latest in Labour Law: Significant recent cases and legislative developments - 8:45 am – 10:00 am MT

Bob Blakely
Union Counsel
Blakely + Dushenski Legal Counsel

Karen Scott
Arbitrator/Mediator

Jean Torrens
Employer Counsel
MLT Aikins LLP

In this session, panelists will delve into recent significant developments in federal and provincial labour law, exploring guiding principles and emerging trends in a changing world of work. Panelists will address the latest cases on topics including:

the legality of recent federal government interventions pausing or prohibiting strikes in the railway, postal, and other sectors;
implications of the Supreme Court’s decision in the Quebec Casinos, case denying collective bargaining rights to front line supervisors;
a recent Quebec Court of Appeal decision upholding the role of unions in the selection of interest arbitrators;
discrimination, harassment, and accommodation;
employee social media use and expression of political views and/or religious beliefs at work;
trends in discipline and damages awards;
remote work – employer discretion and employee entitlement; and
issues of justification for substance use testing.

Panelists will also address recent legislative and regulatory developments, such as:

updated government guidance regarding requirements under federal supply chain transparency legislation;
updates to Alberta’s access to information and privacy legislation, including new obligations regarding reporting privacy breaches, notice requirements regarding the use of automated decision-making, and new powers to disregard access to information requests in certain circumstances;
legislation restricting the use of strike replacement workers passed federally and in Manitoba; and
newly proposed legislation in Quebec on arbitrator selection and government powers to pause or prohibit strikes.

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments in a shifting socioeconomic and political landscape.
Morning break: 10:00 am – 10:15 am MT
Plenary 3 - Bargaining Chips and Microchips: Addressing technological change, surveillance, monitoring, and privacy in the workplace - 10:15 am – 11:20 am MT

Mark Asbell
Arbitrator, Mediator, and Adjudicator
Asbell Dispute Resolutions

Dr. Gideon Christian
University Excellence Research Chair (AI and Law)
Faculty of Law
University of Calgary

Clayton Cook
Union Counsel
McGown Cook

Vicki Giles
Employer Counsel
McLennan Ross LLP

How can workplaces ensure that their use of technology complies with existing employee privacy and human rights laws while also navigating emerging legal and technological uncertainties? The panel will explore the potential impact of emerging artificial intelligence (AI) and surveillance technologies on employee privacy and productivity, and how workplaces can address these challenges in collective agreements. Specifically, the panel will address:

How have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity? What lessons can be learned from these decisions when negotiating collective agreement language?
What current issues related to using technology in the workplace, particularly the use of AI, should employers and unions address through collective bargaining?
Are employees entitled to information about how their employer is using AI, monitoring, and surveillance technologies? What role do unions have in what employee information employers collect and how it is used?
How can collective bargaining be used to protect against the risks of emerging technologies such as “algorithmic management” and address the relevant concerns of both employers and unions?
Does the use of emerging surveillance technology make it more difficult for employers to ensure they are avoiding employee privacy breaches, particularly in terms of the limits on off-duty surveillance? How should the limits on off-duty surveillance be addressed through collective agreement language?
What language should be included in collective agreement provisions addressing AI, technology, and employee privacy?

Break: 11:20 am – 11:35 am MT
Concurrent Sessions (Choice of 2 of 3) Concurrent 1 - What’s Fresh in Fact-Finding? The latest on best practices in workplace investigations

Dana Christianson
Union Lawyer
Seveny Scott

Sarah Coderre
Counsel
Bow River Law

Jennifer Hawkins
Partner
Southern Butler Price LLP

In this panel, experts will examine recent cases addressing workplace investigations and explore key principles and best practices towards conducting fair, adequate, and effective investigations into human rights related allegations. The panel will address:

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?
To what extent are investigations privileged? How should employers navigate issues of privilege and confidentiality when conducting workplace investigations? How can investigators protect an employee’s privacy rights during a workplace investigation?
How can employers best determine who should lead an investigation? How much should independence factor into who should investigate workplace incidents and harassment? When should an external investigator be retained?
How can investigators address systemic inequalities and unconscious biases in the workplace during the fact-finding process? How does adopting a trauma-informed approach to conducting witness interviews affect an investigation?
What measures should an employer take when an allegation is not substantiated? Does the union have a role in restoring workplace harmony following an unsubstantiated investigation?

Concurrent 2 - Compliance and Compassion: Providing representation while accommodating disabilities and meeting professional obligations

Kara O’Halloran
Union Counsel
Chivers Carpenter

Jeremy Schick
Vice-Chair
Alberta Labour Relations Board

Jill Wilkie
Employer Counsel
Miller Thomson LLP

Navigating the complexities of representing employees who may seem “difficult to work with” (e.g. combative, non-responsive, or invested in their matter to an above-average degree) requires a balance of compassionate representation and adherence to legal obligations. Panelists will provide practical guidance for labour relations professionals in handling these sensitive situations. Topics to be addressed include:

What key rules of professional conduct establish obligations when representing grievors? What legal duties apply to union representatives?
What signs may indicate that an employee has a mental health condition or other disability impacting their conduct while being represented? How can parties distinguish a “vexatious” grievor from an individual who simply needs additional support?
How should representatives respond when the employee being represented is exhibiting behavior such as being hostile or non-responsive, and/or exhibiting diminished capacity? What legal duties do representatives have in this context?
How might trauma, cultural factors, or previous experiences of discrimination impact the way an individual acts throughout a complaint? How can representatives approach helping grievors navigate through these issues?
How can representatives ensure that their own biases do not impact their representation? Are there circumstances where a representative should refuse or step away from representing a grievor?

Concurrent 3 - From Resolution to Results: Implementing EDI in the unionized workplace

Sania Chaudhry
Investigator
UBC Investigations Office

Steve Durrell
Regional Executive Officer – Alberta
United Steelworkers Local 1944

James Demers
Senior Strategist and Trainer
Canadian Equality Consulting

Canadian workplaces are increasingly recognizing the need to apply the principles of equity, diversity, and inclusion (EDI) in their policies and practices. In this panel, experts will provide practical guidance on how employers and unions can foster a work environment that ensures the full and fair participation of employees. Questions discussed will include:

In what ways does systemic racism manifest in the workplace? What factors should be considered in determining whether systemic discrimination has adversely impacted an employee?
How have arbitrators and human rights tribunals resolved evidentiary and credibility challenges when determining whether discrimination has occurred?
When will a rule or standard that on its face appears to be discriminatory be justified as a bona fide occupational requirement? When will accommodating an employee amount to undue hardship?
When will employers be held liable for the discriminatory conduct of employees toward other employees in the workplace?
Are changing social contexts affecting how workplace parties approach the task of preventing and responding to discrimination and harassment? What is the role of diversity and inclusion training?
What are the required features of an effective workplace policy on discrimination? How can employers ensure their violence and harassment policies are compliant with upcoming amendments to Alberta’s Occupational Health and Safety Code?

Concurrent Session: 11:35 am – 12:35 pm MT
Lunch: 12:35 pm – 1:45 pm MT
Concurrent Session: 1:45 pm – 2:45 pm MT
Afternoon break: 2:45 pm – 3:00 pm MT
Plenary 4 - Discrimination and Harassment at Arbitration: Experts examine key cases, evolving arbitral perspectives, evidentiary considerations, and more - 3:00 pm – 4:15 pm MT

Damon Bailey, K.C.
Partner
McLennan Ross LLP

Leanne Chahley
Union Counsel
Blair Chahley Klassen

Andrew C.L. Sims K.C.
Arbitration & Mediation

In this session, panelists will explore evolving arbitral perspectives with respect to discrimination and harassment and examine systemic barriers in grievance and arbitration processes. Specifically, panelists will discuss:

How does systemic discrimination influence decisions about how grievances are handled, including which should proceed to arbitration?
What do recent decisions suggest about how arbitral approaches are evolving with respect to discrimination and harassment claims? Are damage awards increasing? Is there a greater willingness to impose discipline?
How have arbitrators and other decision-makers resolved evidentiary and credibility challenges when determining whether discrimination or harassment has occurred? What evidence must be presented at arbitration to such claims? When is it necessary or appropriate to present expert evidence?
How can trauma, cultural factors, or experiences of discrimination impact the way in which a witness delivers evidence? How can bias and stereotypes impact a decision-maker’s assessment as to credibility?
Should parties use non-disclosure agreements or clauses when settling discrimination- or harassment-related grievances? Is legislative prohibition of NDAs a likely prospect?
What policy updates should employers and unions implement to address discrimination and harassment claims and ensure that such grievances are not improperly prevented from reaching arbitration?

Calgary Labour Arbitration and Policy ConferenceConference Co-Chairs

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

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

James Casey
Arbitrator and Mediation
Labour Arbitration+Mediation

Conference Advisory Committee

Cheryl Yingst Bartel
Arbitrator/Mediator
Yingst Bartel ADR Inc.

Maurice Dransfeld
Employer Counsel
McLennan Ross

Tom Hesse
President
UFCW Local 401

Jacqueline Lacasse
General Counsel and VP People & Culture
University of Calgary

Natalia Makuch
Union Counsel
Chivers Carpenter Lawyers

Jeremy Schick
Vice-Chair with the Labour Relations Board

CPDConference CPD

This program has been approved by CPHR Alberta for 7.3 Continuing Professional Development hours.

Workshop CPD

Each Pre-Conference Workshop has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.

Annual Update on Gender Equity: The latest cases and legislative developments
2025-06-05 12:30 - 14:00 UTC | Virtual Event
In this webinar, practitioners will examine recent noteworthy cases and legislative developments relating to gender equity in the workplace. Speakers will address questions such as:
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

When can an employer discipline, an employee for expressing controversial or discriminatory views regarding gender equity at work? What rights and restrictions exist with respect to employees expressing views regarding gender equity in the workplace? When will free speech rights prevail?
What factors relating to gender equity have been found to render hiring processes discriminatory in recent cases? How can employers and unions ensure that hiring and promotion processes are equitable and do not reinforce systemic barriers to advancement?
What trends in discipline and damages are emerging in recent cases dealing with sexual harassment and discrimination on the basis of sex, gender, sexual orientation, and/or family status?
What lessons can be learned from recent cases addressing the procedure for investigating discrimination and harassment claims related to gender equity concerns?
How have arbitrators, courts, and human rights tribunals resolved evidentiary challenges relating to establishing sexual harassment and discrimination on the basis of sex, gender, sexual orientation, and/or family status? Is direct evidence of discrimination required? When may expert evidence be necessary?

When will an employer’s refusal to allow an employee to work from home be considered discriminatory on the basis of the employee’s pregnancy and/or family status?
What lessons can be learned from recent cases addressing legislative pay equity requirements? For example:

Are employers required to disclose information on an ongoing basis relating to the maintenance of legislative pay equity?
When are disputes regarding legislative pay equity requirements grievable/arbitrable?

What federal and provincial legislative initiatives have recently been enacted addressing issues of gender equity? For example, which provinces have recently passed pay transparency legislation and how do these legislative enactments differ in their requirements? What changes have been implemented through Ontario’s Working for Workers legislation? What is the status of the federal government’s proposed amendments to the federal Employment Equity Act?

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

Heather Hoiness
Staff Lawyer
BC Office of the Human Rights Commissioner

Speakers

Kristine Barr
Legal Representative,
Canadian Union of Public Employees (Manitoba Regional Office)

Lauren Jamieson
Partner
Emond Harnden LLP

Natasha Savoline
Partner and Investigations Practice Lead
Bernardi Law

Accreditation
CPD

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

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

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

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

Labour Relations Certificate - Spring/Summer 2025 (Virtual Program)
2025-06-03 12:30 - 2025-06-26 16:00 (America/Toronto) | 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 Emerita
Toronto Metropolitan University (TMU)
Program Faculty

Leanne Anderson
Member Services Officer, Advocacy
UBC Association of Administrative and Professional Staff

Sharan Basran
Chief Legal Officer, Legal Counsel
Ontario Nurses’ Association (ONA)

Alex Brat
Senior Executive Director, Labour Relations
University of Toronto

Bruce Curran
Associate Professor
Faculty of Law
University of Manitoba

Chris Davidson
Lawyer & Workplace Investigator
Turnpenney Milne LLP

Shana French
Employer Counsel
Littler LLP

Avner Levin
Professor
Lincoln Alexander School of Law
Ted Rogers School of Management
Toronto Metropolitan University (TMU)

Niki Lundquist
Senior Director of Equity and Education
Unifor

Ian Mackenzie
Writer, Trainer, Consultant, and Facilitator

Dionne Pohler
Associate Professor
University of Saskatchewan

Shannon Sproule
Employer Counsel
Turnpenney Milne LLP

Jim Stanford
Economist and Director
Centre for Future Work
Australia Institute

Bob Thompson
Professor, Human Resources
Seneca Polytechnic

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.

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

2025 Spring/Summer Schedule†
The Spring/Summer 2025 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 June 3, 2025.

Sample Agenda

Video

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 for 3.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA), per session

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

The Consequences of Dishonesty: At what point does dishonesty become a fireable offence or preclude reinstatement? Does it depend on the context?
2025-05-22 12:30 - 14:00 UTC | Virtual Event
Dishonesty and breaches of trust are among the most serious types of workplace misconduct, often justifying disciplinary action. But when does dishonesty rise to the level of justifying termination? In this session, practitioners will examine the factors that arbitrators and courts consider when deciding whether dishonest behaviour warrants termination. Specifically, panelists will address:
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

What approach do Canadian courts and labour arbitrators take when considering whether or not to uphold a discharge for dishonest conduct? When is “automatic discharge” warranted?
What guidance do labour arbitrators provide about the relevance of mitigating and aggravating factors in cases of dishonesty and breach of trust? What is the impact of the Supreme Court’s McKinley decision in which the Court held that discipline must be proportional to the particular form of dishonesty involved?
What evidence is required to establish that an employee has engaged in dishonest behaviour? What responsibility does the grievor have to provide an exculpatory explanation? What is the “duty to explain” and how does it interact with the burden of proof in dishonesty cases?

How will arbitrators view the dishonest recording of attendance or the dishonest use of sick time?
How do arbitrators view misuse of worktime? When does it rise to the level of time theft? Are some kinds of misuse of worktime more serious than others?
Will off-duty dishonest conduct that is criminal in nature justify discharge? If it is unrelated to the employee’s job?
Where dishonesty is causally related to an employee’s disability, must the employer accommodate the employee rather than dismissing the employee?

Moderator

James Cameron
Arbitrator/Mediator
Cameron Mediation Arbitration

Speakers

Greg Bartel
Union Counsel
Myers LLP

Daniel Weber
Employer Counsel
McLennan Ross LLP

AccreditationCPD

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

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

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

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

Atlantic Labour Law Conference 2025
2025-05-20 - 2025-05-21 | Virtual Event
Tuesday, May 20, 2025Workshop*Workshop sold separately from stand-alone conference.
Workshop schedule: 9:00 am – 4:00 pm AT
(The schedule will run concurrently for all three workshops until 4:00 pm)
From Conflict to Calm: Experts examine proactive and restorative strategies to address workplace conflict

Chris Hattie
Associate Vice-President of People and Culture, Mount Saint Vincent University

Daniel Wilband
Counsel
VanBuskirk Law

Shelley Roach Dumouchel
Dumouchel Dispute Resolution

In the modern polarized world, how can employers and unions work together to effectively resolve and minimize workplace conflict before it escalates? This interactive workshop provides practical strategies for identifying and addressing conflict. Through panel discussions and hands-on exercises, attendees will learn to:

Identify common sources of workplace conflict, including personality clashes, differing beliefs, and interpersonal communication issues.
Understand the distinct roles of unions and employers in resolving disputes, investigating complaints, and fostering a harmonious workplace.
Comply with legal requirements for addressing workplace conflict (e.g., health and safety requirements, wrongful dismissal claims, duties to investigate, duties of fair representation, duties to accommodate).
Recognize when and how employers and unions must monitor or intervene, including in circumstances where questionable behaviour occurs outside the workplace.
Develop clear workplace policies that outline acceptable behavior, detail internal complaint procedures, and set guidelines for initiating and conducting investigations and mediation processes.

Wednesday, May 21, 2025Introduction: 9:00 am – 9:05 am AT
Panel 1: The Latest in Labour: Significant recent cases and legislative developments - 9:05 am – 10:20 am AT

Geoffrey Breen
Employer Counsel
Cox & Palmer

Dale Darling, K.C.
Mediator and Arbitrator

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

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

the legality of recent federal government interventions pausing or prohibiting strikes in the railway, postal, and other sectors;
implications of the Supreme Court’s decision in the Quebec Casino case denying collective bargaining rights to front line supervisors;
Quebec Court of Appeal decision upholding role of unions in selection of interest arbitrators;
discrimination, harassment, and accommodation;
employee expression of political views and/or religious beliefs at work;
trends in discipline and damage awards;
updates on privacy, surveillance, and monitoring;
remote work — employer discretion and employee entitlement;
issues of justification for substance use testing; and
occupational health and safety — liability and damages.

Panelists will also address recent legislative and regulatory developments, such as:

updated government guidance regarding requirements under federal supply chain transparency legislation;
new collaborative return-to-work obligations introduced under Nova Scotia’s workers’ compensation legislation;
New Brunswick’s new accessibility legislation;
new sick leave employee entitlements and restrictions on employers’ entitlements to medical notes for short-term sick leave; and
New Quebec legislation on arbitrator selection and government powers to pause or prohibit strikes.

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments in a changing economic and political landscape.
Break: 10:20 am – 10:35 am AT
Panel 2: About Time: Examining time theft, performance, and productivity in the age of AI and remote work - 10:35 am – 11:35 am AT

Lucia DeMaio
Labour Relations Lawyer
Association of University of New Brunswick Teachers (AUNBT)

Chris Peddigrew
Arbitrator, Mediator and Investigator
Peddigrew Wade Law
Vice-Chairperson
Newfoundland and Labrador Labour Relations Board

Twila Reid
Employer Counsel
Stewart McKelvey

Jake van der Laan
Professor
Department of Computer Science
University of New Brunswick

Can employers monitor employee activity to ensure wages correspond to hours worked? In this webinar, experts will examine the impact of AI and remote workplaces on work habits, provide practical guidance on the scope and limitations of workplace surveillance, and discuss arbitrator responses to claims of employee “time theft.” Panelists will address:

What constitutes employee “time theft”?
How can AI be used for workplace surveillance? What steps should workplaces take to develop policies that comply with Bill C-27, the Digital Charter Implementation Act (which includes the introduction of the Artificial Intelligence Data Act)?
Is the nature of the workplace relevant when implementing surveillance? Is the sensitivity of the information relevant?
Is reasonable suspicion of “time theft” required before implementing workplace surveillance? Can surveillance originally implemented for safety or security purposes be used to monitor employee productivity?
Is the scope of surveillance different for remote workers?
What disciplinary measures do adjudicators and arbitrators consider appropriate for “time theft”?
Are there limits to an employer’s retention and use of employee information obtained through surveillance?

Break: 11:35 am – 11:50 am AT
Keynote Speech by Michael Marin, K.C. - Employee Privacy in the MUSH Sector and Beyond - 11:50 am – 12:20 pm AT

Michael Marin, K.C.
Dean and Associate Professor
Faculty of Law
University of New Brunswick

Following the Supreme Court’s judgment in York Region District School Board v. Elementary Teachers’ Federation of Ontario, the extent to which s.8 of the Charter protects the privacy of employees in the public sector has become one of the most talked about workplace law issues in Canada. While labour arbitrators have long recognized the privacy rights of employees, they often did so without explicit reference to the Charter. In addition, York and other cases suggest that the Charter may soon extend to other workplaces in the “MUSH” sector, notably universities, which have long been considered Charter-free zones. At the same time, the blending of personal and work-related uses of technology has resulted in a line of arbitral cases that applies Charter-like reasoning to private sector workplaces.
This presentation will discuss York‘s practical implications for both public and private sector workplaces. Although the Charter does not generally apply to the private sector, the judgment’s emphasis on the employment context in assessing the reasonableness of a search is useful guidance. And the Supreme Court’s “Charter-always” approach will have implications for how counsel and arbitrators tackle cases that engage privacy concerns in the public sector. Overall, these developments reflect a trend toward formalizing the recognition of employees’ right to privacy no matter where they work. But, in typical Charter fashion, this right is not absolute and may be invaded by employers for legitimate reasons and if personal information is not unduly exposed.
Lunch Break: 12:20 pm – 1:20 pm AT
Panel 3: What's Fresh in Fact-Finding? The latest on best practices for fair and effective workplace investigations - 1:20 pm – 2:30 pm AT

Judy Begley
Lawyer, Workplace Investigator, and Mediator
Begley Law

Joël Michaud
Union Counsel
Pink Larkin

Kathleen O’Neill, K.C.
Employer Counsel
Cox & Palmer

Conducting workplace investigations is a delicate and complex process that demands fairness, precision, and a commitment to best practices. The panel will examine recent caselaw addressing workplace investigations and will explore key principles, best practices, and emerging guidance about conducting reasonable and effective investigations. The panel will address a series of questions including:

What lessons can be learned from recent caselaw as to what constitutes a fair and adequate investigation process?
What are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process?
What is the role of the union in an investigation? What are the limitations of union involvement?
How much latitude do employers have to order investigations into off-duty conduct? Can workplace investigators request access to employees’ personal devices, such as laptops or cellphones, used primarily or exclusively for personal purposes?
What strategies can workplace parties implement to address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?
What lessons can be learned from recent caselaw about what information is protected in the investigative process?
In what circumstances have arbitrators given remedies for an employer’s failure to investigate allegations?
What should employers and unions be looking for when reviewing investigation reports?

Break: 2:30 pm – 2:45 pm AT
Panel 4: Is it Discrimination? Or Isn’t It? An interactive panel seeks answers from actual case studies - 2:45 pm – 4:00 pm AT

Greg Anthony
Employer Counsel
McInnes Cooper

Carey Majid
Executive Director
Newfoundland and Labrador Human Rights Commission

Kyle Rees
Union Counsel
O’Dea Earle

In this interactive session, panelists will address scenarios based on real cases involving allegations of discrimination, examining legal principles for identifying and addressing subtle, systemic, and complex forms of discrimination as well as meeting obligations such as the duty to accommodate. Panelists will address questions such as:

How have arbitrators and human rights tribunals resolved evidentiary and credibility challenges when determining whether discrimination has occurred?
What contextual factors have decision-makers considered in determining whether conduct which may seem innocuous on its face is, in fact, a subtle form of discrimination?
What matters should be considered in determining whether systemic discrimination has adversely impacted an employee?
How does the test for discrimination differ depending on the ground of discrimination that is alleged? For example, what unique considerations apply when determining whether an employee has been discriminated against on the basis of religion?
When will a rule or standard that on its face appears to be discriminatory be justified as a bona fide occupational requirement? When will accommodating an employee amount to undue hardship?
In what circumstances will employers be held liable for the discriminatory conduct of employees toward other employees in the workplace?

Scenarios will be finalized in the weeks leading up to the conference, ensuring coverage of the most relevant cases.
Closing remarks: 4:00 pm AT
Atlantic Labour Law Conference Bundle: Conference + Pre-Conference Workshop$1,495.00Read more

Atlantic Labour Law Conference – Pre-Conference Workshop$895.00Read more

Atlantic Labour Law Conference$995.00Read more

Atlantic Labour Law ConferenceConference Co-Chairs

Jamie Eddy
Employer Counsel
Cox and Palmer

Sophie Landry Mockler
Legal Counsel
New Brunswick Union (NBU)

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

Conference Advisory Committee

Brenda Comeau
Union Counsel
Pink Larkin

Michael Keliher
Labour Relations Lawyer
Association of University of New Brunswick Teachers (AUNBT)

Tracy McPhee
Legal Counsel
Labour Relations & Compensation Analysis
Health Association Nova Scotia

Ian Pickard
Employer Counsel
McInnes Cooper

CPDConference CPD

This program has been approved by CPHR Nova Scotia for 5.25 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 5.25 Continuing Professional Development hours.
Members of CPHR Newfoundland & Labrador may consider counting this program for 5.25 Continuing Professional Development hours.
Members of the CPHR PEI may consider counting this program for 5.25 Continuing Professional Development hours.

Workshop CPD

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 5.3 Continuing Professional Development hours.
Members of CPHR Newfoundland & Labrador may consider counting this program for 5.3 Continuing Professional Development hours.
Members of the CPHR PEI may consider counting this program for 5.3 Continuing Professional Development hours.

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

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

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

Moderator

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

Speakers

Dayna Steinfeld
Union Counsel
Ravenlaw LLP

Melanie Vipond
Employer Counsel
Gall Legg Grant Zwack

AccreditationCPD

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

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

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

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

Toronto Human Rights and Accommodation Conference 2025
2025-04-30 - 2025-05-02 | Vantage Venues, 150 King Street West, Toronto, Ontario, M5H 1J9, Canada
Stay Ahead in Employment Law, Workplace Accommodation & DiversityJoin Canada’s premier Human Rights and Accommodation Conference in Toronto and gain expert insights into the latest employment law updates, workplace accommodation training, and diversity & inclusion strategies. Hosted by Lancaster House, the trusted leader in legal education, this event brings together top employment lawyers, HR professionals, business leaders, and policymakers to discuss the most pressing issues in workplace human rights.
What You’ll LearnAt the Toronto Human Rights and Accommodation Conference 2025, you’ll gain actionable insights on:

Human Rights Law Updates – Stay informed on recent tribunal decisions, legislative changes, and legal obligations for employers.

Workplace Accommodation Strategies – Learn how to effectively accommodate employees with disabilities and diverse needs while staying compliant.

Diversity and Inclusion in the Workplace – Discover best practices for fostering equity, inclusion, and anti-discrimination policies.

HR Legal Compliance & Best Practices – Understand your responsibilities in employee rights, workplace fairness, and accessibility requirements.

Real-World Case Studies & Expert Panels – Hear directly from legal experts, HR specialists, and human rights advocates about emerging challenges and solutions.
Who Should Attend?This conference is essential for:

Employment Lawyers & Legal Professionals – Stay ahead of evolving employment laws and gain insights on key case law decisions.

HR Professionals & Business Leaders – Understand your obligations and responsibilities when implementing workplace accommodations and inclusion strategies.

Diversity, Equity & Inclusion (DEI) Specialists – Learn best practices for fostering an inclusive, discrimination-free workplace.

Union Representatives & Labor Advocates – Get the latest updates on human rights protections and fair labor policies.
Toronto Human Rights and Accommodation Conference – Bundle: Conference + Workshop$2,695.00Read more

Toronto Human Rights and Accommodation Conference – Pre-Conference Workshop$1,095.00Read more

Toronto Human Rights and Accommodation Conference – Conference$2,195.00Read more

Toronto Human Rights and Accommodation Conference – Day 1$1,395.00Read more

Toronto Human Rights and Accommodation Conference – Day 2$1,395.00Read more

Why Choose Lancaster House?
Expert-Led Sessions – Learn from Canada’s leading human rights lawyers, policymakers, and HR specialists.

Interactive & Practical Training – Gain real-world, applicable knowledge through case studies, Q&A sessions, and networking opportunities.

Accredited Learning – Earn continuing legal education (CLE) credits while expanding your expertise.

Trusted Legal Publisher – Lancaster House has been a leader in labor, employment, and human rights law education for over 40 years.
Wednesday, April 30, 2025Breakfast: 8:00 am – 9:00 am ET
Workshop*Workshop sold separately from stand-alone conference.
Workshop schedule: 9:00 am – 4:00 pm ET(The schedule will run concurrently for all three workshops until 4:00 pm)
Disabilities that Elude Diagnosis: Accommodating employees with poorly understood conditions

Dr. Hy Bloom
Assistant Professor
Psychiatry
University of Toronto

Diane Laranja
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Sara Slinn
Arbitrator/Mediator
Associate Professor
Osgoode Hall Law School

Ken Stuebing
Union Counsel
Caleywray

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, panelists will examine key 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 medical information that employers can request from employees;
How to formulate requests for medical information where an employee’s condition cannot be confirmed using a clinician’s diagnostic test;
What to do when there are no available medical practitioners with the requisite knowledge or expertise to assess an employee’s condition;
How to approach, with sensitivity, employees/union members for needed medical information;
Dealing with stereotypes and stigmas associated with difficult-to-identify medical conditions;
What types of accommodations will 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
Determining when the duty to accommodate is at an end because undue hardship is unavoidable.

During the workshop, participants will engage in interactive exercises, applying principles and practices learned throughout the day.

Thursday, May 1, 2025Breakfast: 8:00 am – 9:00 am ET
Opening Remarks: 9:00 am – 9:05 am ET
Panel 1 - Emerging Horizons in Human Rights: The latest cases and legislative developments - 9:05 am –10:35 am ET

Kristen Allen
Union Counsel
Ursel Phillips Fellows Hopkinson LLP

Matthew Craig
Employer Counsel
Matthews, Dinsdale & Clark LLP

Nimal Dissanayake
Arbitrator

In this session, panelists will delve into the numerous recent and significant developments in workplace human rights, examining key cases and legislative changes. Speakers will discuss the latest cases addressing topics such as:

trends in discipline and damages for harassment and discrimination and evidentiary challenges in cases of allegations of harassment and discrimination;
rights and restrictions involving employee expression of personal or political views and beliefs at work;
trends in discipline and damages for harassment and discrimination;
accommodating neurodiverse employees;
privacy, monitoring, and surveillance;
substance use and testing; and
conflicts between health and safety obligations and human rights concerns.

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

recent changes enacted through Ontario’s Working for Workers series of legislation addressing pay transparency, the use of artificial intelligence, harassment in virtual contexts, and more; and
ongoing obligations for employers under the Ontario and federal Pay Equity Act.

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: 10:35 am –10:50 am ET
Panel 2 - Human Rights in the Hybrid Workplace: Giving effect to employee accommodations in the context of a return-to-office mandate - 10:50 am –12:05 pm ET

Rishi Bandhu
Arbitrator/Mediator
Rishi Bandu Arbitration and Mediation Services

Cassandra da Costa
Employer Counsel
Filion Wakely Thorup Angeletti

Patricia D’Heureux
Union Counsel
Cavalluzzo LLP

In this session, panelists will examine the response to employee requests for accommodation through remote, hybrid, or other flexible work arrangements. The session will address questions including:

Do employers have the right to require employees to return to in-person work? What aspects of a general return-to-office are vulnerable to challenge under human rights legislation or on other grounds? How does collective agreement language affect the matter?
In what circumstances have arbitrators and adjudicators found that employees must be permitted to work from home as a health-related accommodation? Does an employee’s demonstrated or perceived susceptibility to contracting COVID-19 or other illnesses warrant accommodation? Will employees be entitled to work from home during pregnancy or where a spouse or dependent may have increased susceptibility to infection?
In what circumstances have decision-makers found that employees should be permitted to work from home or on a remote or hybrid basis in order to accommodate obligations related to their family status, such as childcare or eldercare responsibilities? What kinds of information can employers require to support such a request?
How can employers and unions distinguish an employee’s personal preferences from legitimate accommodation needs?
When will insisting that an employee return to in-person work amount to a bona fide occupational requirement? When will an employer be able to establish that undue hardship will arise if an employee is allowed to work from home? Is an impact on broader employee morale sufficient to establish undue hardship?
Is it discriminatory for an employer to impose additional performance monitoring practices on an employee engaged in remote or hybrid work — such as a requirement for regular check-ins, use of timesheets, etc.?
Beyond legal considerations, what practical considerations should be taken into account when assessing whether an employee should be permitted to work from home? What flexible working options other than remote or hybrid work can be considered? What benefits and drawbacks do remote, hybrid, or flexible working arrangements have for employees requiring accommodation?
What best practices can employers and unions implement to ensure that employees being accommodated through remote, hybrid, or flexible work do not become isolated from the team?

Lunch: 12:05 pm – 1:00 pm ET
Panel 3 - Human Rights Investigations: Assuring investigator neutrality, setting standards for proper training, providing employee support, and other pivotal issues - 1:00 pm –2:15 pm ET

Chris Davidson
Associate Lawyer and Workplace Investigator
Turnpenney Milne LLP

William Goldbloom
WG Resolutions

Jodi Martin
Union Counsel
Paliare Roland Rosenberg Rothstein LLP

Conducting a workplace investigation into human rights-related allegations is a complex process that requires fairness and a commitment to best practices. This panel will examine recent caselaw addressing workplace investigations with a view to providing guidance in conducting “best practices” investigations. The panel will address a series of questions including:

What lessons can be learned from recent caselaw as to what constitutes a fair and adequate investigation process?
What procedural flaws have been found to render an investigation unfair or inadequate — for instance, flaws in timeliness, thoroughness, confidentiality, and reporting?
What steps should an employer take to address the impact of the human rights allegations? What actions should an employer take to prevent further discrimination?
Is a formal investigation always required when an employee raises human rights-related concerns? What guidance do the courts and human rights tribunals provide? When might other options, such as alternative dispute resolution, be permissible or preferable?
When is retaining a third-party investigator necessary?
What is the role of a union in a workplace human rights investigation? What rights and/or responsibilities do unions have? What should unions do when both the complainant and the respondent are bargaining unit members?
Can the grounds for an investigation be expanded after the investigation has commenced — for example, if issues of systemic discrimination arise? What are the potential pitfalls of expanding the grounds of an investigation?
What are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not taint the investigatory process?
How should employers and unions respond when an investigation reveals bad faith allegations by an employee?
What can the union and employer do to restore a safe and healthy workplace for all parties following an investigation?

Break: 2:15 pm –2:30 pm ET
Panel 4 - Deep Dive into Discrimination: Experts examine scenarios to determine when it is, and when it isn't - 2:30 pm –3:55 pm ET

Nicole Biros-Bolton
Founder and Lawyer
Bird Bolt Law

Amandi Esonwanne
Solicitor
City of Toronto

Morgan Sim
Lawyer & Founder
Morgan Sim Law

In this interactive session, panelists will address scenarios based on real cases involving allegations of discrimination, examining legal principles for identifying and addressing subtle and systemic forms of discrimination as well as meeting obligations such as the duty to accommodate. Panelists will address questions such as:

How have arbitrators and human rights tribunals resolved evidentiary and credibility challenges when determining whether discrimination has occurred?
What contextual factors have decision-makers considered in determining whether conduct which may seem innocuous on its face is, in fact, a subtle form of discrimination?
What factors should be considered in determining whether systemic discrimination has adversely impacted an employee?
What aspects of a hiring or promotion process will render that process more or less vulnerable to challenge as discriminatory?
How does the test for discrimination differ depending on the ground of discrimination that is alleged? For example, what unique considerations apply when determining whether an employee has been discriminated against on the basis of religion?
When will a rule or standard that on its face appears to be discriminatory be justified as a bona fide occupational requirement? When will accommodating an employee amount to undue hardship?
When will employers be held liable for the discriminatory conduct of employees toward other employees in the workplace?

Scenarios will be finalized in the weeks leading up to the conference, ensuring coverage of the most relevant cases.
Closing remarks: 3:55 pm –3:50 pm ET
Friday, May 2, 2025Breakfast: 8:00 am – 9:00 am ET
Introduction: 9:00 am – 9:05 am ET
Panel 5 - Beyond Repair? Examining the use of discipline and restorative solutions in response to human rights transgressions at work - 9:05 am – 10:20 am ET

Lorenzo Lisi
Employer Counsel
Aird & Berlis LLP

Amer Mushtaq
Lawyer and investigator
Formative LLP

Lauren Pearce
Union Counsel
Jones Pearce LLP

In this session, expert panelists will examine legal obligations and best practices in responding effectively and appropriately to harassment and discrimination at work. Panelists will address questions including:

What legal obligations govern an employer’s response to discrimination and harassment in the workplace? When is the duty to investigate triggered?
Are employers obligated to impose discipline when employees have committed human rights violations at work? Where discipline is imposed, what types of conduct may warrant more severe consequences? What considerations have arbitrators in recent cases taken into account in determining whether an employment relationship is salvageable following an employee’s human rights transgression?
When can or should alternative dispute resolution (ADR) be used to address human rights violations at work? Can ADR be used in lieu of discipline? What ADR options exist, and what are the relative advantages and disadvantages of each?
Beyond legal considerations, what practical considerations may impact whether use of ADR is appropriate? What power imbalances, “invisible” barriers, and other barriers to equity should be taken into account? What steps can parties take to address these barriers? What is a “trauma-informed approach,” and how may it be beneficial in addressing human rights transgressions at work?
What steps can or must employers and unions take that ensure a healthy and safe work environment is restored following a human rights violation? What steps should be taken where both the complainant and transgressor remain at work?

Break: 10:20 am – 10:35 am ET
Keynote Speech by Cynthia Khoo - Of Data and Dissent: The Pursuit of Algorithmic Justice in Labour and Human Rights - 10:35 am – 11:05 am ET

Cynthia Khoo
Technology and Human Rights Lawyer
Senior Fellow
The Citizen Lab

With every advent of a new technological phase — whether social media, big data, machine learning algorithms, or generative artificial intelligence (AI) — one fundamental task among many falls to legal scholars and practitioners, adjudicators, and lawmakers to confront: determining what the new technology changes, what it does not, and where and how the differences matter (legally and otherwise). To that end, this talk will address issues such as how algorithmic discrimination differs from “analogue” discrimination; how society and our laws should view human labour in a time when so much more of it seems instantly replicable by machines; and the connection between how automated decision-making works and proposed changes to liability frameworks when it comes to AI.
What will become clear through this discussion is one thing that has never changed: technology is about power. Questions of technology thus carry particular weight in contexts built around systemic power imbalances, whether as a matter of workplace relations or human rights law. Drawing on a panoply of work by lawyers, academics, researchers, and grassroots community experts in various interdisciplinary combinations of law, computer science, labour, human rights, science and technology studies, and algorithmic accountability scholarship, this keynote will challenge the audience to reconceptualize AI not as a “neutral tool” or coherent technical object, but as, to quote anthropologist and computer scientist Ali Alkhatib, “an ideological project to shift” power, and consider the consequences of ignoring what that means for our legal and human rights.
Break: 11:05 am – 11:20 am ET
Panel 6 - Clocking In, Speaking Out: Squaring employee free speech and employer rights - 11:20 am – 12:15 pm ET

Kim Bernhardt
Arbitrator/Mediator

Kerri Kitchura
Solicitor
City of Toronto

Gregory Ko
Union Counsel
Kastner Ko LLP

How can workplaces best manage the balance between an employee’s right to express themselves freely against an employer’s obligation to create, foster, and maintain a safe and respectful workplace for all? The panel will address:

To what extent, if any, can employers limit political expression in the workplace? How may this differ for public-sector employees?
When will the expression of political views rise to the threshold of discrimination and/or harassment?
What must employers consider when monitoring and responding to their employees’ off-work expressions, particularly on social media? At what point does off-work employee conduct warrant discipline by the employer, and are there limits on how an employer can discipline an employee for this conduct?
What should employers consider when investigating incidents of alleged harmful or disrespectful employee expression? What are some characteristics of an effective investigation into these incidents?
Can employers discipline employees for political expressions that are expressed outside of the workplace? For example, can an employer discipline an employee for offensive posts made on social media?
When are unions required to represent members who experience discipline for political expression? What does the union’s duty of fair representation require in these circumstances?
How should employers communicate expectations regarding appropriate workplace and off-work conduct? How should employers approach restoring workplace harmony after employee expression creates conflict in the workplace?

Lunch: 12:15 pm – 1:15 pm ET
Panel 7 - Wellness in the Workplace: Expert guidance on proactively recognizing and responding to employee mental health concerns - 1:15 pm – 2:30 pm ET

Dr. Sahar Bhaloo
Clinical Psychologist
Flourish Mental Health and Coaching Services

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

Simmy Sahdra
Employer Counsel
Dentons

In this panel, experts will provide guidance on how employers and unions can proactively identify and address mental health concerns in the workplace. The following questions will be discussed:

What are the characteristics of a workplace that is psychologically healthy and safe? What steps can employers and unions take to create a workplace culture that supports mental well-being?
What are employee responsibilities to maintain a psychologically healthy and safe workplace? How can employers and unions empower their employees/members to meet those responsibilities?
How can employers and unions identify mental health threats in the workplace? What tools and resources are available to assist in this process?
What strategies should employers and unions apply to proactively recognize and address addiction and substance abuse in the workplace?
What should employers and unions consider when creating employee wellness programs? What can cause these wellness programs to fail? How can employers and unions effectively assess the success of their wellness programs?

Break: 2:30 pm – 2:45 pm ET
Panel 8 - The Road to Return: Implementing workplace disability management while respecting human rights - 2:45 pm – 4:00 pm ET

Lucas Mapplebeck
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Ali Mohamed
Manager, Equity, Diversity, Inclusion, and Accessibility for People with Disabilities, Canada Post

Lauren Sheffield
Union Counsel
Cavalluzzo LLP

Creating, implementing, and maintaining an effective and successful workplace disability management system ensures employers are fostering a healthy, safe, and inclusive workplace. In this session, the panel will discuss how best to accomplish these goals through discussion of the following questions:

What are the essential components of a comprehensive workplace disability management system? How can employers and unions build an effective system?
What tools, resources, and/or training can be used to assist in creating, implementing, and maintaining a successful workplace disability management system?
What measures can workplaces institute to both prevent work disability and help employees with disabilities remain safe at work?
How can employers and employees with disabilities meet their responsibilities under the duty to accommodate? How should employers and unions support employees with episodic or invisible disabilities?
What can employers and unions do to ensure that employees experience a successful return to work after a leave of absence due to disability?
What should employers and unions consider when evaluating the effectiveness of their workplace disability management system?

Closing remarks: 4:00 pm ET
Toronto Human Rights and Accommodation ConferenceConference Co-Chairs

Kathryn Bird
Employer Counsel
Ogletree Deakins International LLP

Danielle Bisnar
Union Counsel
Cavalluzzo LLP

Matthew Horner
Legal Counsel
Ontario Human Rights Commission (OHRC)

Conference Advisory Committee

Tricia Wilson
National Human Rights Representative
Unifor

Ron Franklin
Union Counsel
Franklin Law

Laura Freitag
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Kumail Karimjee
Arbitrator, Mediator, and Investigator
Karimjee Resolutions

Brandy Ryan
Director, Equity, Diversity and Inclusion
Canada Post

CPDToronto Human Rights and Accommodation Conference CPD

This program has been approved for Continuing Professional Development 10.59 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

Members of the Law Society of Ontario may consider counting this program for 10.59 Substantive hours; 0 Professionalism hours.

Toronto Human Rights and Accommodation Conference Workshop CPD

This program has been approved for Continuing Professional Development 5.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

Members of the Law Society of Ontario may consider counting this program for 5.5 Substantive hours; 0 Professionalism hours.

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

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

How will the determination be affected, where:

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

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

Moderator

Gordon Nekolaichuk
Vice-Chair
Alberta Labour Relations Board

Speakers

Marjorie Savoie
National Representative
Canadian Union of Public Employees

Justina Sebastiampillai
Employer Counsel
Stikeman Elliott LLP

AccreditationCPD

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

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

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

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

Vancouver Human Rights and Accommodation Conference 2025
2025-04-16 - 2025-04-17 | The Hyatt Regency Vancouver, 655 Burrard Street., Vancouver, B.C., Canada
Championing Workplace Equity, Inclusion, and ComplianceWhat is the Vancouver Human Rights and Accommodation Conference 2025?The Vancouver Human Rights and Accommodation Conference 2025 is the premier event for HR professionals, legal practitioners, union representatives, and business leaders seeking cutting-edge insights into human rights law, workplace accommodations, and equity, diversity, and inclusion (EDI) best practices. Hosted by Lancaster House, this two-day event offers expert-led discussions, real-world case studies, and interactive sessions to help organizations navigate emerging legal challenges in the workplace.
Vancouver Human Rights and Accommodation Conference – Bundle: Conference + Workshop$1,995.00Read more

Vancouver Human Rights and Accommodation Conference – Pre-Conference Workshop$1,095.00Read more

Vancouver Human Rights and Accommodation Conference$1,395.00Read more

What We’re CoveringOur 2025 agenda is carefully curated to address the latest human rights issues and accommodation challenges facing employers, unions, and employees. Key topics include:

Landmark Human Rights Cases & Legislative Updates – Stay ahead of the latest legal changes impacting human rights law.

Human Rights in Hybrid Workplaces – Managing accommodations in the era of remote and hybrid work.

Equity, Diversity & Inclusion (EDI) Strategies – Tackling systemic discrimination and fostering inclusive workplace cultures.

Mental Health and Disability Accommodations – Proactive approaches to supporting employee wellness.

Free Speech vs. Employer Rights – Navigating the complexities of employee expression in the workplace.

Restorative Justice in Workplace Misconduct – When to use discipline vs. alternative dispute resolution.
This conference features leading legal experts, HR professionals, and policymakers, ensuring attendees receive actionable strategies and the most up-to-date legal interpretations.
Who Should Attend?This event is designed for professionals across multiple industries, including:

Human Resources Leaders – HR managers, directors, and disability management specialists navigating accommodations and compliance.

Employment & Labour Lawyers – Legal professionals seeking updates on human rights and workplace accommodation case law.

Union Representatives & Labour Relations Experts – Advocates ensuring fair treatment of employees in collective bargaining.

Corporate Executives & Compliance Officers – Business leaders responsible for implementing workplace policies aligned with human rights law.

Government & Public Sector Professionals – HR and legal representatives working in municipal, provincial, and federal agencies.
Key Learning OutcomesBy attending this conference, you will:
✔ Understand the latest human rights law updates and their impact on workplace policies.
✔ Gain best practices for accommodation requests related to disability, religion, and family status.
✔ Develop strategies for fostering an inclusive workplace and preventing discrimination.
✔ Learn from top legal and HR experts through engaging panel discussions and real-world case studies.
✔ Network with industry peers and build valuable professional connections.
Conference Packages & Registration DetailsChoose from a range of flexible registration options:
🎟 Two-Day Conference Pass – Access to all panels, keynotes, and networking events.
📚 Conference + Materials Bundle – Includes all session recordings and presentation slides for post-event reference.
🏆 Group Discounts Available – Save when registering multiple team members.
Why Choose Lancaster House?
With over 45 years of excellence in legal education, Lancaster House is Canada’s leading provider of workplace law expertise. Our conferences are trusted by top HR professionals, legal experts, and industry leaders for their unparalleled depth, practical insights, and real-world applicability.
🔹 Expert-Driven Content – Learn from Canada’s leading human rights and labour law specialists.
🔹 Unmatched Networking Opportunities – Connect with decision-makers and industry peers.
🔹 Practical, Actionable Insights – Walk away with strategies you can implement immediately.
🔹 Comprehensive Resource Materials – Access detailed case law summaries and best practice guides.
Reserve Your Spot Today!
Secure your place at Canada’s most essential human rights and accommodation event. Don’t miss this opportunity to enhance your expertise and ensure workplace compliance in 2025 and beyond!
Thursday, April 17, 2025Breakfast: 8:00 am – 9:00 am PT
Opening remarks: 9:00 am – 9:05 am PT
Panel 1 - Keeping Current on Human Rights: The latest cases and legislative developments - 9:05 am – 10:20 am PT

Richard Coleman
Arbitrator/Mediator

Jadine (Jay) Lannon
Union Counsel
Forte Law

Andrea L. Zwack
Employer Counsel
Gall Legge Grant Zwack LLP

In this session, panelists will delve into the numerous recent and significant developments in workplace human rights, examining key cases and legislative changes. Speakers will discuss the latest cases on topics such as:

identifying and addressing stereotypes and/or bias;
rights and restrictions relating to employee expression of personal or political views and beliefs at work;
trends in discipline, damages, and arbitration;
privacy, monitoring, and surveillance;
remote work;
substance use and testing;
the intersection between health and safety concerns and human rights obligations; and
key principles and best practices in investigating discrimination and harassment claims.

The panel will also address B.C. and federal legislative initiatives, including reporting requirements under the B.C. Pay Transparency Act and obligations under the federal Pay Equity Act.
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: 10:20 am – 10:35 am PT
Panel 2 - AI Through a Human Rights Lens: The potential uses and challenges posed by the use of artificial intelligence at work - 10:35 am – 11:35 am PT

Preston Parsons
Partner
Overholt LLP

Rachel Roy
Partner
Rachel Roy Law

Wendy H. Wong
Professor and Principal’s Research Chair
University of British Columbia

In this session, panelists will provide expert guidance on the use of artificial intelligence (AI) at work, exploring the potential benefits and pitfalls of AI from a human rights perspective. Panelists will address questions such as:

What federal and provincial laws regulate the use of AI? What legislative initiatives are currently the subject of debate and how may they impact workplace parties if passed? What other legal obligations and principles govern or restrict the use of AI at work?
What key human rights considerations and privacy concerns are raised by the use of AI in the workplace? Does AI have the potential to reduce systemic discrimination and improve working conditions for equity-seeking employees?
What human rights concerns are raised by the prospect of algorithmic management, defined as delegating to algorithms certain managerial tasks such as screening applications for employment, assessing employee performance, or even making decisions regarding the termination of employment?
What lessons can be learned from recent cases in which arbitrators and adjudicators have addressed privacy concerns relating to the use of other evolving technologies in the workplace, such as biometric monitoring, audio and video surveillance, and GPS tracking?
How can parties address through collective bargaining the human rights and privacy impact resulting from the use of AI in workplaces?
What steps can employers and unions take to mitigate the risk of bias, discrimination, or other breaches of human rights when using AI?

Break: 11:35 am – 11:45 am PT
Keynote Speech by Kai Scott - Bridging the Divide – The Future of Gender Inclusion in the Workplace - 11:45 am – 12:15 pm PT

Kai Scott
President
TransFocus Consulting

As gender inclusion efforts in the workplace reach a critical juncture, how do we move beyond division and toward solutions that benefit everyone—women, men, transgender, and non-binary people alike? Drawing from nearly a decade of insights at TransFocus Consulting, this keynote will explore the evolving landscape of workplace gender inclusion, addressing both the progress made and the tensions that persist.
At a time when gender issues are increasingly polarized, this session will focus on practical ways to foster connection across diverse gender experiences while meeting legal obligations and organizational goals. We’ll examine key lessons from the past decade, emerging challenges, and strategies for bridging gaps—whether in policy design, workplace culture, or leadership approaches.
Join Kai for a thought-provoking reflection on where we’ve been, where we’re headed, and how organizations can take meaningful, sustainable steps toward gender inclusion that work for everyone.
Lunch: 12:15 pm – 1:15 pm PT
Panel 3 - Free Speech and Human Rights at Work: Are they in conflict? Can they be reconciled? - 1:15 pm – 2:30 pm PT

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

Leanne Monsma
Employer Counsel
University of British Columbia

Amber Prince
Member
BC Human Rights Tribunal

As the political climate becomes increasingly polarized, domestically and abroad, employers must navigate how to cultivate a safe, healthy, and productive work environment while also respecting employees’ right to express their personal views. In this session, panelists will explore how employers and unions should respond to the exercise of political speech in the workplace, and in doing so will address the following questions:

To what extent, if any, can employers limit political expression in the workplace? How may this differ for public-sector employees?
How has the British Columbia Human Rights Tribunal interpreted the meaning of “political belief”?
When will the expression of political views rise to the threshold of discrimination and/or harassment?
What kinds of policies and guidelines should an employer put in place to address politically-based conflict in the workplace? Where conflicts arise among employees, with respect to charges of discrimination and harassment, which member should the union represent?
Can employers discipline employees for political expressions that are expressed outside of the workplace? For example, can an employer discipline a member for offensive posts made on social media?
When are unions required to represent members who experience discipline for political expression? What does the union’s duty of fair representation require in these circumstances?

Break: 2:30 pm – 2:45 pm PT
Panel 4 - Is it Discrimination? Or Isn’t It? An interactive panel seeks answers from actual case studies - 2:45 pm – 4:00 pm PT

Shirin Kiamanesh
Union Counsel
Koskie Glavin Gordon

Tamisha Parris
Diversity, Equity, Accessibility, & Inclusion Consultant
Parris Consulting

Salim Visram
Employer Counsel
Dentons

In this interactive session, panelists will address scenarios based on real cases involving allegations of discrimination, examining legal principles for identifying and addressing subtle and systemic forms of discrimination as well as meeting obligations such as the duty to accommodate. Panelists will address questions such as:

How have arbitrators and human rights tribunals resolved evidentiary and credibility challenges when determining whether discrimination has occurred?
What contextual factors have decision-makers considered in determining whether conduct which may seem innocuous on its face is, in fact, a subtle form of discrimination?
What factors should be considered in determining whether systemic discrimination has adversely impacted an employee?
What aspects of a hiring or promotion process will render that process more or less vulnerable to challenge as discriminatory?
How does the test for discrimination differ depending on the ground of discrimination that is alleged? For example, what unique considerations apply when determining whether an employee has been discriminated against on the basis of religion?
When will a rule or standard that on its face appears to be discriminatory be justified as a bona fide occupational requirement? When will accommodating an employee amount to undue hardship?
When will employers be held liable for the discriminatory conduct of employees toward other employees in the workplace?

Scenarios will be finalized in the weeks leading up to the conference, ensuring coverage of the most relevant cases.
Closing Remarks: 4:00 pm PT
Wednesday, April 16, 2025Workshop*Workshop sold separately from stand-alone conference.
Conducting Inclusive, Barrier-Free Workplace Investigations: A practical, hands-on workshop with the experts

Tonie Beharrell
Lawyer and Workplace Investigator
Souther Butler Price LLP

Dr. Renée-Louise Franche Ph.D., R. Psych.
Consultant in Mental Health and Work Ability Promotion

Sara Hanson
Union Counsel
Moore Edgar Lyster LLP

Jessica Thomson
Employer Counsel
Pulver Crawford Munroe

The investigation process is an important tool for addressing harassment and discrimination in the workplace. However, investigations may risk perpetuating harm if they are not conducted carefully. In this workshop, a panel of experts will discuss how to run investigations in a manner that supports the well-being of all parties involved and benefits the workplace at large. Throughout this full day workshop the panel will address the following questions:

What is trauma, and how may it affect complainants before, during, and after the investigation process?
Why is it important that workplace investigators adopt trauma-informed, anti-oppressive, and intersectional approaches to the investigation process, especially when dealing with discrimination and harassment allegations?
What steps should investigators take to address their own unconscious and implicit biases during the investigation process?
What do trauma-informed, anti-oppressive, and intersectional approaches to workplace investigations involve in practice? For example, how can investigators conduct interviews in a trauma-informed manner? What steps can they take to address parties’ accessibility needs throughout the investigation process? How can they bring inclusivity into their report writing?
What is systemic discrimination, and how can investigators effectively address claims of systemic discrimination in the investigation process?
What interim measures can employers put in place during the investigation process to ensure the well-being of the parties involved?
What recourse can complainants seek if they disagree with the investigator’s findings?

Vancouver Human Rights and Accommodation ConferenceConference Co-Chairs

Cathy Knapp
Arbitrator and Mediator
Tribunal mediator
BCHRT

Andrew Schafer
Employer Counsel
Norton Rose Fulbright Canada LLP

Lindsay Waddell
Union Counsel
Moore Edgar Lyster LLP

Conference Advisory Committee

Megan Ashbury
Arbitrator, Mediator and Workplace Investigator

Menachem Freedman
Union Counsel
HHGB Lawyers

Donovan Plomp
Employer Counsel
McCarthy Tetrault LLP

Kristen Woo
Legal Counsel
BC Public School Employers’ Association

Matt Yun
Legal and Legislative Representative, CUPE

Laura Track
Laura Track
Human Rights Lawyer
Director, Human Rights Clinic and Director,
Public Legal Education, Community Legal Assistance Society (CLAS)

CPD Vancouver Human Rights and Accommodation Conference CPD

This program has been approved by CPHR Alberta for 5.25 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 5.25 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 5.25 Continuing Professional Development hours.

Vancouver Human Rights and Accommodation Conference Workshop CPD

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

This program has been approved by CPHR BC & Yukon 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.

The Hyatt Regency Vancouver - Discounted Room
Group rates are now available with limited space availability:

Check-in
Check-out
Group rate

Tuesday, April 15
Saturday, April 19
$295/night

Cut-Off Date
Reservations made by attendees must be received on or before Tuesday, March 25, 2025, after which any reservations made will be based on a space-and rate-available basis.
Online reservations
Click here to book online.
Phone line reservations: 1-800-233-1234

Grievance and Interest Arbitration in the University Sector
2025-04-04 11:00 - 17:00 (America/Halifax) | Virtual Event
ProgramIn this virtual workshop, experts will address key issues and trends in interest arbitration and grievance arbitration in the university sector, as reflected in the decisions of leading arbitrators across Canada. Attendees can expect to learn principles and practices related to the following:
$1,195.00Read more

Academic freedom and the limits on faculty’s “free speech” rights
Salary disputes and remedial options
Pension and benefit issues, before and after retirement
Privacy concerns and access to information
The role and results of grievance arbitration
Faculty bargaining and its outcomes
Challenging promotion and merit pay decisions
Faculty rights to design courses, assign marks, determine content
University governance issues: the roles of the President, Senate and Faculty Association

Advancing EDI
Ensuring accommodation, combatting discrimination
Challenging discipline
Defending against harassment
Navigating investigations, invoking protections
Appointments: tenured, tenure stream, teaching, sessional, contractually limited
Workload
Job security: closures, cutbacks, abolition of programs

Accompanied by materials, developed by Lancaster House Lawyers, that offer extensive case law analysis, legislative updates, summaries, and practical guidance—all thoroughly researched and designed for easy reference.
Speakers

Chris Albertyn
Arbitrator

Wassim Garzouzi
Ravenlaw LLP

Jennifer S. Russell
Roper Greyell LLP

CPDConference CPD

This program has been approved by CPHR Alberta for 4.5 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 4.5 Continuing Professional Development hours.

This program has been approved for 4.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia for 4.5 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 4.5 Substantive hours; 0 Professionalism hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 4.5 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 4.5 Continuing Professional Development hours.

Navigating Workplace Investigations: Best Practices
2025-03-18 - 2025-03-27 | Virtual Event
4 half-day sessions over 2 weeks – Tuesdays and Thursdays, 12:30 p.m. – 4:00 p.m. ET each day
Program$2,095.00Read more

All workplace parties have an interest in ensuring that workplace investigations are conducted properly. Employers may face legal liability for workplace investigations that are improperly conducted. Employees subjected to investigation may find their jobs on the line. Unions must ensure that their members’ rights are protected. This program will prepare employer and union representatives to effectively represent the interests of their constituencies throughout the investigation process, from the filing of the complaint to post-investigation review of the report.
Over the course of four virtual sessions combining lectures, case studies, and interactive exercises, participants will learn to:

Apply applicable law and policy
Determine when an external investigator is required
Identify the necessary steps in an investigation
Ensure procedural fairness
Be mindful of implicit bias
Appreciate the role rules of evidence play in making findings
Address issues of confidentiality and privilege
Review investigation reports
Take appropriate action post-investigation

In association with:Registrants who participate in all four sessions will receive a certificate confirming their successful completion the program.
Program Leaders

Chris Davidson
Lawyer
Turnpenney Milne LLP

Asha Rampersad
Partner
Turnpenney Milne LLP

Krista Siedlak
Partner
Turnpenney Milne LLP

CPD

This program has been approved by CPHR Alberta for 12.6 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 12.6 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 12.6 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia for 12.6 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may count this program for 12.6 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 12.6 Continuing Professional Development hours.

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

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

Additional InformationMaterials
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
Registration Fee – Single Attendee
Live webinar, video, and MP3 bundle – $995
Live webinar – $395
Video and MP3 – $695
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
Registration Information
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.
Option: Live Webinar, video, and MP3 Bundle | Live Webinar | Video and MP3$150.00Add to cart

AccreditationCPD

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

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

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

Moderator

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

Speakers

Ashton Butler
Employer Counsel
MLT Aikins

Nadja Rence
Lawyer, Workplace Investigator
Southern Butler Price

Shyama Talukdar
Union Counsel
Paliare Roland Rosenberg Rothstein LLP

National Pensions Conference 2025
2025-03-06 13:00 - 16:30 (America/New_York) | Virtual Event
National Pensions ConferenceConference Co-Chairs

Padraigin Murphy
Pensions Counsel
Koskie Minsky LLP

Michael Wolpert
Pensions Counsel
Fasken Martineau DuMoulin LLP

$795.00Read more

Conference Advisory Committee

Christina Atanasova
Christina Atanasova, Associate Dean, Research & International
Professor, Simon Fraser University (SFU)

Level Chan
Pensions Counsel
Stewart McKelvey

Chris Roberts
Director, Social and Economic Policy
Canadian Labour Congress

Thursday, March 6, 2025Introduction: 1:00 pm – 1:05 pm ET
Keynote speech by Dr. Paul Kershaw - Healthy retirement and its implications for private and public pension policy, now and in the future - 1:05 pm – 1:35 pm ET

Paul Kershaw
Professor
University of British Columbia
Lead Researcher & Executive Chair
Generation Squeeze

The “Outlook for Expenses” table in any recent federal budget makes clear that Old Age Security (OAS) funding is growing faster than most other federal spending combined. All the while, spending on medical care for those age 65+ absorbs more and more provincial revenue.
Decades ago, sufficient revenue was not allocated to fully cover the long-term costs of OAS and medical care for the baby boomer generation. As a result, these two expenditures now place significant pressure on government budgets, limiting funding for national defense, housing, childcare, education, and other priorities valued by Canadians, including balanced budgets.
Younger Canadians already contribute 20 to 40 percent more in income taxes toward healthy retirements than the current retiring generation contributed to older generations when they were young.
These fiscal trends compound challenges for younger Canadians who struggle with higher rent and home ownership costs that have outpaced their earnings. The implications for their retirement planning are concerning, because many have little left over to contribute to retirement savings. They count on managers of private pension plans to make excellent decisions — when they are lucky enough to be in jobs that have such pensions.
All of this was predictable, because when the baby boomer generation started out, there were seven working age Canadians for every retiree. Now, as they retire, there are only three. However, past decision-making processes did not account for these demographic shifts adding burden to younger generations when creating pension and medical care policies. Today’s governments, regardless of their ideological affiliation, are holding the bag — and the load is very heavy indeed to pay for OAS and medical care for retirees.
Break: 1:35 pm – 1:45 pm ET
Panel 1 - What's New in Pension Law in 2025: Major caselaw and legislative updates - 1:45 pm – 3:00 pm ET

Kiersten Amos
Employer Counsel
McInnes Cooper

James Fu
Employer counsel
Borden Ladner Gervais LLP (BLG)

Anthony Guindon
Pensions Counsel
Koskie Minsky LLP

Emily Lawrence
Managing Partner
Paliare Roland Rosenberg Rothstein LLP

This panel will review recent legislative and regulatory pension developments. Topics to be addressed include:

Canada Pension Plan benefit and contribution increases;
Amendments to the federal Income Tax Act; and
CAPSA Guidelines for Capital Accumulation Plans and Risk Management for Plan Administrators.

This panel will also explore significant court and tribunal decisions related to pension and benefits law. Topics to be addressed include:

plan amendments;
collective agreement violations;
discrimination and denials of benefits;
the relationship between class actions and regulatory jurisdiction;
fiduciary duties; and
negligence and constitutional issues arising out of public sector pension plan reform.

Final selection of cases will take place in the weeks leading up to the conference, ensuring coverage of the latest and most important decisions.Break: 3:00 pm – 3:15 pm ET
Panel 2 - Emerging Issues in Pension Governance: Addressing cybersecurity, AI, ESG, economic challenges, and more - 3:15 pm – 4:30 pm ET

Christine Chen
General Counsel
University Pension Plan Ontario (UPP)

Mark Janson
Senior Researcher
Canadian Union of Public Employees (CUPE)

Scott Sweatman
Employer lawyer
Dentons

Even well-funded pension plans must adapt in the face of economic and demographic challenges. In this session, experts will explore the risks and opportunities associated with the current and projected economic climate, and address the following:

How would a sustained fall in inflation and/or interest rates affect pension plans and their members?
How are views on the meaning of retirement changing, and what does this mean for pensions and other sources of retirement income?
What strategies should 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?
How will recently published provincial regulatory policies on IT risk management impact pension plans and their sponsors?
What role, if any, will artificial intelligence play in the administration of pension plans and pension funds?
What are the current legislative and regulatory requirements regarding ESG disclosure, taking into account ESG considerations, across Canadian jurisdictions? What changes are in prospect?
To what extent do ESG considerations factor into investment-related decision-making? Do common law fiduciary duties permit administrators to take ESG considerations into account for any purpose other than financial gain? Does the answer depend on plan terms or type of plan

CPDConference CPD

This program has been approved by CPHR Alberta for 3 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 3 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 3 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by the Law Society of British Columbia for 3 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 3 Substantive hours; 0 Professionalism hours.
Members of the Nova Scotia Barristers’ Society may count this program for 3 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 3 Continuing Professional Development hours.

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

Moderator

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

Speakers

Connie Cheung
Employer Counsel
Sherrard Kuzz LLP

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

Roberta Vriesema
Mediator
RJ Mediation Services

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

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

AccreditationCPD

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

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

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

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

Moderator

Karine Pelletier
Chairperson
Manitoba Labour Board

Speakers

Graham Christie
Employer counsel
MLT Aikins

Alison McEwen
Union Counsel
RavenLaw LLP

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

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

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

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

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

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

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

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

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

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

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

Speakers

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

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

Tana Turner
Principal
Turner Consulting Group Inc.

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

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

AccreditationCPD

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

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

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

Labour Relations Certificate - Winter 2025 (Virtual Program)
2025-02-04 12:30 - 2025-03-25 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
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

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

Alex Brat
Senior Executive Director, Labour Relations
University of Toronto

Sharan Basran
Chief Legal Officer, Legal Counsel
Ontario Nurses’ Association (ONA)

Bruce Curran
Associate Professor
Faculty of Law
University of Manitoba

Chris Davidson
Associate Lawyer
Turnpenney Milne LLP

Shana French
Employer Counsel
Littler LLP

Kat Leonard
National Representative
Unifor

Avner Levin
Professor
Lincoln Alexander School of Law
Ted Rogers School of Management
Toronto Metropolitan University (TMU)

Niki Lundquist
Senior Director of Equity and Education
Unifor

Ian Mackenzie
Writer, Trainer, Consultant, and Facilitator

Frank Miller
Director
Executive and Corporate Education
Toronto Metropolitan University (TMU)

Dionne Pohler
Associate Professor
University of Saskatchewan

Shannon Sproule
Employer Counsel
Turnpenney Milne LLP

Jim Stanford
Economist and Director
Centre for Future Work
Australia Institute

Bob Thompson
Professor, Human Resources
Seneca Polytechnic

2025 Winter Schedule†The Winter 2025 session of the Labour Relations Certificate Program will comprise of 8 sessions over 8 weeks, and will take place on Tuesdays from 12:30 p.m. to 4 p.m. ET beginning February 4, 2025.
Sample Agenda
CPD

This program has been approved for 3.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

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

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

Michelle Farrell
Mediator, human rights lawyer, and workplace investigator

Speakers

Amarkai Laryea
Union Counsel
RavenLaw LLP

Stephanie Yang Morris
Employer Counsel
MLT Aikins

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

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

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

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

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

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

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

Difficult Bargaining: Identifying and Overcoming Obstacles to Agreement (Pacific Time Zone)
2025-01-30 09:00 - 16:00 (America/Los_Angeles) | Virtual Event
Program Leader

Trevor Sones

Speakers

Jessica Fairbairn

Maryna McTague

Program DetailsFinding the common ground that makes negotiation of a collective agreement possible can be a difficult process at the best of times. Is there a way to make the process easier, or to prevent parties from becoming so entrenched in their own positions and views such that agreement is impossible?
In this interactive full-day workshop, an experienced mediator along with two seasoned negotiators from both sides of the table will provide guidance on effectively using interest-based and other approaches to bargaining. Participants will learn to:

Use more productive strategies when engaged in positional bargaining;
Identify situations in which interest-based bargaining can be used effectively;
Communicate effectively to identify needs and interests underlying demands;
Generate creative options to solve tough problems; and
Build and preserve productive union-management relationships through bargaining.

CPD

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

This program has been approved by CPHR BC & Yukon 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.

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

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

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

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

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

Additional InformationRegistration Fee – Single Attendee
Live webinar, video, and MP3 Bundle: $195
Live webinar: $125
Video and MP3: $125
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
Registration Information
The video recording and MP3 file are available for download and viewing one business day after the live event. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording and MP3 files. For purchases for upcoming events, once the video recording and MP3 file are available, registrants will receive an update e-mail informing them that the links are now ready.

Toronto Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference
2024-12-11 - 2024-12-13 | Vantage Venues, 150 King Street West, Toronto, Ontario, M5H 1J9, Canada
Bargaining In The Broader Public Sector Conference

Conference Co-Chairs

Adrienne Lei
Union Counsel
Dewart Gleason

Cheryl Wiles Pooran
Employer Counsel
PooranLaw

Conference Advisory Committee

Liam McCarthy
Director of the Negotiations and Programs Branch
Public Service Alliance of Canada

Dymphna Walko-Channan
Human Resource Manager, Employee & Labour Relations
City of Toronto

Cynthia Watt
Vice President
AMAPCEO

Ryan Wood
Negotiator and Economist
Bass Associates

Labour Arbitration And Policy ConferenceConference Co-Chairs

Tim Gleason
Union Counsel
Dewart Gleason LLP

Dale Hewat
Arbitrator/Mediator

Erin Kuzz
Employer Counsel
Sherrard Kuzz LLP

Conference Advisory Committee

Amandi Esonwanne
Solicitor
City of Toronto

Adrienne Liang
Legal Counsel
Ontario Public Service Employees’ Union (OPSEU)

Paul Meier
Senior Counsel
Ontario’s Treasury Board Secretariat

Kate Shao
Union Counsel
Paliare Roland Rosenberg Rothstein LLP

Wednesday, December 11, 2024Workshops*Workshops sold separately from stand-alone conference.

Time
Schedule

Breakfast
8:00 am – 9:00 am ET

Workshop
9:00 am – 10:25 am ET

Morning Break
10:25 am – 10:40 am ET

Workshop
10:40 am – 12:00 pm ET

Lunch
12:00 pm – 1:00 pm ET

Workshop
1:00 pm – 2:20 pm ET

Afternoon Break
2:20 pm – 2:35 pm ET

Workshop
2:35 pm – 4:00 pm ET

Workshop Ends
4:00 pm ET

Bargaining In The Broader Public Sector Conference WorkshopAdvanced Skills in Bargaining: Overcoming roadblocks, costing benefits, crafting language

Donna Walrond
Employment lawyer
Bass Associates

Rishi Bandhu
Arbitrator
Rishi Bandhu Dispute Resolutions
Vice-Chair
Ontario Labour Relations Board (OLRB)

David Jacobs
Union Counsel
Watson Jacobs Bosnick LLP

In this interactive, full-day workshop, experts will help participants hone their bargaining skills, with a focus on overcoming negotiation challenges, determining the cost of benefits, and crafting collective agreement language. By examining both employer and union-side perspectives and delving into case scenarios, attendees will gain expertise necessary to craft clear, compelling, and innovative collective agreement language.
Labour Arbitration And Policy Conference WorkshopReading it Right: Essential and emerging principles of collective agreement interpretation

Evan Daikov
Employer Counsel
Rae Christen Jeffries LLP

Yasmeena Mohamed
Arbitrator/Mediator
YM Arbitration & Mediation Services

Dijana Simonovic
Senior Legal Counsel
Unifor

An understanding of the principles of contract interpretation is indispensable for anyone involved in the negotiation or administration of a collective agreement. In this workshop, experienced practitioners will equip participants with the knowledge needed to deal effectively with the wide array of interpretation issues that may arise in a unionized setting. The workshop will address topics including:

What are the most commonly applied rules of collective agreement interpretation?
What is the difference between the “plain meaning” approach and a “purposive” approach?
What are “implied terms” of a collective agreement? How do they affect the interpretation of the express language of the contract?
How do arbitrators reconcile negotiated contract language and the contrary provisions of employment-related statutes, e.g. human rights and employment standards legislation?
When can evidence of collective bargaining history, past practice, or statements made during negotiations be used as an aid to interpretation?
What is “contextual evidence,” as set out by the Supreme Court of Canada in the Sattva case? In what circumstances can evidence of surrounding circumstances be admitted and relied upon to shed light on the meaning of a disputed clause?
How have arbitrators applied essential and emerging principles of interpretation in recent decisions and what lessons can be learned from these cases?
How has the doctrine of estoppel been applied in recent arbitration cases?

Thursday, December 12, 2024Bargaining In The Broader Public Sector ConferenceBreakfast: 8:00 am – 9:00 am ET
Introductory remarks: 9:00 am – 9:05 am ET
Panel 1 - Checking the Financial Forecast: Bargaining in Ontario’s 2025 economy - 9:05 am – 10:20 am ET

Doug Porter
Chief Economist and Managing Director, Economics
BMO

Elpis Law
Negotiator, Labour Relations Officer, Equity Champion, and Trainer
Public Service Alliance of Canada

Michele White
Associate
Bass & Associates

Armine Yalnizyan
Economist and Atkinson Fellow on the Future of Workers
Atkinson Foundation

In this session, expert panelists will explore 2025 economic and fiscal forecasts and their implications for bargaining, focusing on settlements and awards. Specifically, the panel will discuss:

What short- and long-term economic trends are experts predicting Canadians will experience in 2025 in Ontario? Canada? The United States?
Are inflation and cost-of-living projected to increase in 2025?
What impact will raising Ontario’s minimum wage to $17.20 have on bargaining?
What key non-monetary demands are emerging at the bargaining table in the current climate?
What measures are governments likely to prioritize in 2025 provincial and federal budgets to promote economic growth and prosperity?

Break: 10:20 am – 10:35 am ET
Panel 2 - Rapid Refresher: Experts discuss key decisions and legislation affecting bargaining - 10:35 am – 11:50 am ET

Jorge Hurtado
Union Counsel
Morrison Watts

Edward W. Snetsinger
Employer Counsel
Sherrard Kuzz

Deanna Webb
Arbitrator, Mediator and Workplace Investigator
DW Workplace Resolutions

In this session, panelists will examine recent decisions, legislative changes, and other developments impacting bargaining in the public sector. Final topics will be selected in the weeks prior to the conference to ensure coverage of the latest and most important developments. However, items currently under consideration include:

Recent court, labour arbitration, and labour board decisions addressing:

Freedom of association and government involvement in collective bargaining
Unfair labour practices and violations of statutory freeze provisions
Key issues at interest arbitration, including inflation and staffing and recruitment issues

Recent legislative initiatives including:

Federal legislation to ban the use of strike replacement workers
Provincial legislation amending the Employment Standards Act, Occupational Health and Safety Act, and the Workplace Safety and Insurance Act

Recent noteworthy collective agreements and strike actions
Current labour relations trends, including artificial intelligence, remote work, and the right to disconnect

Lunch: 11:50 am – 1:00 pm ET
Panel 3 - Tech Talks: Addressing technological change, surveillance, monitoring, and AI at the bargaining table - 1:00 pm – 2:20 pm ET

Nicole Gauthier
Executive Officer and Chief Negotiator
OSSTF Toronto

Dr. Peter Lewis
Canada Research Chair in Trustworthy Artificial Intelligence
Associate Professor
Computer Science
Ontario Tech University

Alan McCallum
Employer Counsel
PooranLaw

In this session, expert panelists will provide guidance, through collective bargaining, on rapidly progressing technology and expanding monitoring and surveillance capabilities. Panelists will address questions including:

Are concerns about the impact of artificial intelligence (AI) on work overblown? Is this technological advance different from previous technological revolutions that raised concerns about mass unemployment and dehumanization of work?
What aspects of work in the broader public sector are most likely to be affected by AI?
Does existing federal or provincial legislation set any limits on the use of AI in the workplace? What legislative initiatives are currently undergoing debate and how may they impact workplace parties if passed?
What key impacts resulting from the use of AI in workplaces should be addressed through collective bargaining? Are concerns about AI adequately addressed by standard “technological change” provisions?
How should employers and unions address the potential use of algorithmic management, e.g. delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment under collective agreements?
How have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity or performance, such as biometric scanning, wearables, GPS tracking, and keystroke monitoring software? What lessons can be learned from these decisions when negotiating collective agreement language?
How can parties address concerns about work intensification related to AI, monitoring, and surveillance through collective bargaining? Would standard “workload provisions” help? What about psychological health and safety provisions?
Are employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? Can this be addressed through collective bargaining?

Break: 2:20 pm – 2:35 pm ET
Panel 4 - Breaking Barriers, Achieving Balance: Addressing retention and EDI at the bargaining table - 2:35 pm – 3:55 pm ET

Marilynn Dee
Manager Negotiations
Ontario Nurses’ Association (ONA)

Sundeep Gokhale
Employer Counsel
Sherrard Kuzz

Jesse Gutman
Legal Counsel
Ontario Secondary School Teachers’ Federation (OSSTF)

Anne Musacchio
Manager of Human Resources
City of Vaughan

Employees thrive in inclusive, psychologically safe workplaces. Employers and unions can use the bargaining process to address equity, diversity, and inclusion (EDI) under a collective agreement to nurture a forward-thinking workplace that promotes employee wellness, belonging, and retention. In this panel, experts will examine:

How can unions and employers best negotiate provisions under a collective agreement to create an inclusive workplace? What are specific examples of collective agreement provisions that prioritize EDI?
What areas of EDI should employers and unions address in the bargaining process to help promote employee retention?
What collective agreement language was found to be discriminatory? Not discriminatory?
What measures are effective as a remedy for discrimination harassment, or other forms of misconduct?

Closing remarks: 3:55 pm – 4:00 pm ET
Friday, December 13, 2024Labour Arbitration And Policy ConferenceIntroductory remarks by co-chairs: 9:00 am – 9:05 am ET
Panel 1 - New and Noteworthy: Experts examine recent arbitration cases and policy developments - 9:05 am – 10:20 am ET

Allyson Lee
Employer Counsel
Sherrard Kuzz LLP

Laura Johnson
Union counsel
Ryder Wright Holmes Bryden Nam LLP

Daniel Randazzo
Arbitrator and Mediator
Randazzo Arbitration Services

In this session, expert panelists will examine recent arbitration decisions on key workplace issues, exploring the practical takeaways for employers and unions. The panel will address topics such as:

Privacy;
Computer access, monitoring and surveillance
Substance use testing;
Discipline and discharge;
Workplace investigations;
Discrimination, harassment, and accommodation;
Defamation and anti-strategic lawsuits against public participation (“anti-SLAPP”) legislation;
Issues of jurisdiction as between labour arbitrators and statutory tribunals; and
Remote work.

The panel will also examine recent legislative and other initiatives, such as:

Federal legislation banning the use of strike replacement workers;
Federal legislation requiring companies to report on the risk of and measures taken regarding forced labour and child labour in international supply chains;
The report of the Employment Equity Act Review Task Force and related changes to the Act; and
The Ontario government’s Working for Workers legislative series.

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: 10:20 am – 10:35 am ET
Panel 2 - Drawing the Line: Reconciling employee free speech and legitimate employer concerns - 10:35 am – 11:40 am ET

Heather Ann McConnell
Arbitrator/Mediator

Megan Reid
Union Counsel
Dewart Gleason LLP

Alex Treiber
Employer Counsel
Treiber Workplace Law

How can employers balance freedom of expression under the Charter with the need to maintain a productive and respectful workplace? In this session, panelists will address:

Do employees have the right to express their views on potentially controversial and/or political matters at work?
What criteria should employers and unions consider when determining whether an employee’s speech or actions pose a legitimate concern to the organization’s reputation or operations? What actions should employers or unions take when employees’ expressions may border on being disrespectful or offensive, but are not overtly harmful?
Can employers monitor employee expressions outside the workplace or on social media? Can employers discipline employees for such expressions?
What is the extent of a union’s duty to represent members who face work-related consequences for potentially polarizing beliefs or actions? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?
How can employers and unions effectively communicate expectations regarding employee expression, appropriate workplace conduct, and appropriate off-work conduct?

Break: 11:40 am – 11:50 am ET
Fireside Chat with Jennifer Pernfuss: The Need to Reimagine How We Are Resolving Workplace Complaints – Harassment and More - 11:50 am – 12:30 pm ET

Jennifer Pernfuss
Certified Restoration Practitioner, Consultant & Coach
RESPECT: Conciliation & Education

Networking Lunch: 12:30 pm – 1:20 pm ET
Panel 3 - Invisible Illnesses: Accommodating poorly understood and episodic disabilities - 1:20 pm – 2:35 pm ET

Odelia Bay
PhD Candidate
Osgoode Law
York University

Erin Porter
Employer Counsel
Fasken Martineau DuMoulin LLP

Wade Poziomka
Union Counsel
Ross & McBride LLP

Disabilities are diverse. Many employees may experience disabilities that are hidden, fluid, or poorly understood by medical professionals. Employers are required to provide reasonable accommodation to employees with disabilities — of all kinds — to enable their full participation in the workplace. In this panel, experts will discuss the duties of employers and unions in accommodating employees with disabilities that may be hidden, episodic, or not widely understood. Panelists will explore:

What are common medical conditions that are difficult to diagnose or understand? Why does “Long COVID-19” fall within this list?
What are common challenges and best practices in accommodating employees who may experience disabilities that are hidden, episodic, or not fully understood by medical professionals? How should employers and unions respond when there is a lack of available medical practitioners with the requisite knowledge to provide information about a disability?
What types of accommodations have generally been helpful for employees experiencing hidden, episodic, or poorly understood disabilities (e.g., flex time or working from home)?
What are best practices for communicating during the accommodation process? For example, how should employees and employers maintain communication about accommodation needs, which may change frequently, while respecting employee privacy? What role do unions play in such communications?
When have adjudicators found that employers or unions have successfully accommodated or failed to accommodate employees with hidden or episodic disabilities?
How do disability-related stereotypes and stigmas play a role in complicating the accommodations process? What can employers and unions do to dismantle these stigmas and stereotypes and create an inclusive, barrier-free workplace?
What steps must unions take to assist in accommodation and satisfy their duty of fair representation of members with hidden or episodic disabilities?

Break: 2:35 pm – 2:50 pm ET
Panel 4 - Is it Harassment? Or Isn’t It? An interactive panel seeks answers from actual case studies - 2:50 pm – 4:00 pm ET

Tyler Boggs
Union Counsel
Cavalluzzo LLP

Bonny Mak
Employer Counsel
Fasken Martineau DuMoulin LLP

Nana Yanful
Lawyer/Workplace Investigator

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 examine the degree to which reasonable minds may disagree about whether comments or conduct constitute harassment, probe the reasons behind such disagreements, and address issues 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 reasonably be seen to be offensive?
Does workplace culture play any role in determining whether conduct or comments amount to harassment?
Is the analysis of whether conduct constitutes harassment affected by the existence of a friendship or previous romantic relationship between the complainant and respondent? What about power imbalances or lack thereof?
How is the reasonableness of management’s response assessed by arbitrators?

CPDBargaining in the Broader Public Sector Conference CPD

This program (CPD Code) has been approved for 5.2 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
Members of the Law Society of Ontario may consider counting this program for 5.2 substantive hours; 0 professionalism hours.

Labour Arbitration and Policy Conference CPD

This program has been approved for 5.4 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
Members of the Law Society of Ontario may consider counting this program for 5.4 substantive hours; 0 professionalism hours.

Workshop CPD

This program (CPD Code) has been approved for 5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
Members of the Law Society of Ontario may consider counting this program for 5 substantive hours; 0 professionalism hours.

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

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

Speakers

Kimberly Boara Alexander
Employee Counsel
KBA Partners LLP

Dianne Rideout
Employer Counsel
Cassels Brock & Blackwell LLP

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

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

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

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

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

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

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

Effective Grievance Handling and Arbitration Advocacy: Intensive Training for Employers and Unions
2024-11-26 09:00 - 2024-11-27 16:00 (America/St_Johns) | Virtual Event
Facilitator

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

This virtual program is taking place in partnership with the Gardiner Centre at Memorial University.Fittingly, it will have an Atlantic focus and will be taking place on Newfoundland time.
Speakers

Steve Penney
Employer Counsel
Stewart McKelvey

Kyle Rees
Union Counsel
O’Dea Earle

Program DetailsEmployer and union representatives should cultivate the skills and knowledge necessary to resolve grievances early, before expensive and unpredictable arbitration is necessary. But, 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 workshop, experienced employer and union advocates, joined by an arbitrator on day two, will lead participants in discussion of strategies for settling grievances before arbitration and explain how to win cases at arbitration when 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.

CPD

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

Members of CPHR Newfoundland & Labrador may consider counting this program for 11 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 11 Continuing Professional Development hours.
