Lancaster House

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

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

Kristen Woo
Legal Counsel
BC Public School Employers’ Association

Conference Advisory Committee

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

Nathaniel Marshall
Employer Counsel/Workplace Investigator
Marshall Workplace Law

Angela E. Rae
Employer Counsel
Rae Christen Jeffries LLP

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

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

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

Archana Mathew
Mediator, Arbitrator
Archana Mathew – Mediation & Arbitration

Melissa Mustafa
Employer Counsel
Lakhani Campea LLP

Karen Segal
Union Counsel
Allevato Quail & Roy

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

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

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

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

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

Jillian Humphreys
Lawyer and Workplace Investigator
Southern Butler Price LLP

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

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

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

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

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

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

Fae Johnstone
Executive DirectorWisdom2Action

Earl Moloney
Labour Relations OfficerHealth Sciences Association of BC

Kai Scott
PresidentTransFocus Consulting

Lisa Stam
Employer CounselSpringLaw

Evan Vipond
Lead ConsultantVipond Consulting

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

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

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

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

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

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

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

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

Scott Sterns
Arbitrator and Mediator

Speakers

Heather Ann McConnell
Arbitrator/Mediator

Justina Sebastiampillai
Employer Counsel
Stikeman Elliott

Andrea Johnson
Union Counsel
Gerrand Rath Johnson

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

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

AccreditationCPD

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

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

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

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

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

Jennifer Devins
Employer Counsel
Roper Greyell LLP

E. Murphy Fries
Union Counsel
Koskie Glavin Gordon

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

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

Start Date
End Date

04/02/2024
04/06/2024

Single
Double

$379.00
$379.00

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

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

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

Jessica Fairbairn
Employer Counsel
Harris & Company LLP

Koml Kandola
Arbitrator/Mediator and lawyer

Shirin Kiamanesh
Union Counsel
Koskie Glavin Gordon

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

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

Anita Atwal
Lawyer, Mediator and Workplace Investigator
Anita Atwal Law

Carolyn Janusz
Principal lawyer
GoodWin Law

Victoria Merritt
Employer Counsel
Dentons

Shelina Neallani
Lawyer, Mediator & Workplace Investigator
Southern Butler Price

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

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

Workshop Schedule

Breakfast:
8:00 am – 9:00 am PT

Workshop:
9:00 am – 10:25 am PT

Morning Break:
10:25 am – 10:40 am PT

Workshop:
10:40 am – 12:00 pm PT

Lunch:
12:00 pm – 1:00 pm PT

Workshop:
1:00 pm – 2:20 pm PT

Afternoon Break:
2:20 pm – 2:35 pm PT

Workshop:
2:35 pm – 4:00 pm PT

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

Guy Beaulieu
Arbitrator/Mediator

Colin Edstrom
Employer Counsel
Pushor Mitchell LLP

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

Jennifer Kwok
Employer Counsel
Overholt Law

Mary Thibodeau
Union Counsel
Moore Edgar Lyster LLP

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

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

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

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

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

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

Will Clements
Union Counsel
Koskie Glavin Gordon

David Woolias
Employer Counsel
Harris & Company LLP

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

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

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

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

Emily Ohler
Chair
BC Human Rights Tribunal

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

Arvin Asadi
Lawyer and Workplace Investigator
Southern Butler Price

Katie Comley
Employer Counsel
Roper Greyell LLP

Menachem Freedman
Union Counsel
HHBG Lawyers

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

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

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

Julia Bell
Employer Counsel
Roper Greyell LLP

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

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

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

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

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

Jonathan Chapnick
Member
BC Human Rights Tribunal

Kirsten Hume Scrimshaw
Employer Counsel
Ally Workplace Law

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

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

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

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

Rhiannon Bennett
Co-Founder
Hummingbirds Rising Consulting

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

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

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

Jessica Thomson
Employer Counsel
Pulver Crawford Munroe LLP

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

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

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

Ana Mohammed
Principal
ARM Mediation and Consulting

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

Lou Poskitt
Employer Counsel
Cooperwilliams Truman & Ito LLP

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

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

Closing Remarks: 4:00 pm PT
CPDConference CPD

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

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

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

Workshop CPD

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

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

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

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

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

Speakers

Sevda Mansour
Legal Counsel
Ontario Nurses’ Association

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

Rebecca Silverberg
Employer Counsel
McLennan Ross

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

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

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

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

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

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

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

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

Michael Lomax
Mediator

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

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

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

This program has been approved for Continuing Professional Development 4 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by CPHR BC & Yukon for 4 Continuing Professional Development hours.

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

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

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

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

Speakers

Tonie Beharrell
Lawyer and Workplace Investigator
Southern Butler Price LLP

Connie Cheung
Employer Counsel
Sherrard Kuzz LLP

Amarkai Laryea
Union Counsel
RavenLaw

Dr. Kristine Peace
Professor
MacEwan University

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

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

AccreditationCPD

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

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

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

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

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

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

Cynthia Crysler
Pensions Counsel
Cavalluzzo LLP

Michael Wolpert
Pensions Counsel
Fasken Martineau DuMoulin LLP

Conference Advisory Committee

Mary Kate Archibald
Actuary/Principal
Eckler Ltd.

James Harnum
Pensions Counsel
Koskie Minsky LLP

Evan Howard
Chief Legal and Regulatory Affairs Officer
CAAT Pension Plan

Jonathan Marin
Pensions Counsel
Osler Hoskin & Harcourt LLP

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

Faisal Siddiqi
Managing Director, Actuarial
University Pension Plan Ontario

Josh Ingram
Actuary/Principal
Eckler Ltd.

Kelleher Lynch
Pensions Counsel
McCarthy Tétrault LLP

James Harnum
Pensions Counsel
Koskie Minsky LLP

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

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

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

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

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

Laura Brownell
Staff Representative – Pensions
Society of United Professionals

Level Chan
Pensions Counsel
Stewart McKelvey

Ross Gascho
Pensions Counsel
Fasken

Anthony Guindon
Pensions Counsel
Koskie Minsky LLP

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

Randy Bauslaugh
Pensions Counsel
Randy Bauslaugh Professional Corporation

Murray Gold
Pensions Counsel
Koskie Minsky LLP

Marie-Josée Privyk
ESG Advisor
FinComm Services

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

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

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

Derek Dobson
Chief Executive Officer and Plan Manager
CAAT Pension Plan

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

Elizabeth Boyd
Pensions Counsel
Blake, Cassels & Graydon LLP

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

Barbara Sanders
Associate Professor
Statistics & Actuarial Science
Simon Fraser University

Laura Strachan
Director, Pension & Group Benefits
Eckler Ltd.

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

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

Closing remarks: 4:15 pm ET
CPDConference CPD

This program has been approved for Continuing Professional Development 6.5 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

This program has been approved by CPHR BC & Yukon for 6.5 Continuing Professional Development hours.

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

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

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

Paul Love
Arbitrator and Mediator

Speakers

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

Twila Reid
Employer Counsel
Stewart McKelvey

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

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

AccreditationCPD

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

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

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

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

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

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

Speakers

Donald Jordan
Employer Counsel
Harris & Company

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

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

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

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

AccreditationCPD

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

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

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

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

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

Sharan Basran
Senior Executive of Legal and CounselOntario Nurses’ Association

Esi Codjoe
Employer CounselTurnpenney Milne LLP

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

Bruce Curran
Associate Professor, Faculty of LawUniversity of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Shana French
Employer CounselSherrard Kuzz LLP

Avner Levin
ProfessorLincoln Alexander School of LawToronto Metropolitan University

Niki Lundquist
Associate CounselLegal Department, Unifor

John McNamee
Arbitrator

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

Kat Leonard
National RepresentativeUnifor

Dionne Pohler
Associate ProfessorUniversity of Saskatchewan

Bob Thompson
ProfessorHuman ResourcesSeneca College of Applied Arts and Technology

Jennifer Wootton
Lawyer/Workplace Investigator

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

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

Who should attend?

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

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

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

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

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

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

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

Sean McManus
Labour Relations Counsel

Chris Albertyn
Arbitrator

Tom Roper K.C.
Labour Relations Counsel

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

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

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

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

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

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

CPDConference CPD

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

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

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

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

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

Tom Roper K.C.
Labour Relations Counsel

Chris Albertyn
Arbitrator

Jeffrey Sack K.C.
Labour Relations Counsel

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

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

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

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

CPDConference CPD

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

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

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

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

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

Elaine Doyle
Arbitrator and Mediator
Arbitration and Mediation Services

Speakers

Ian Pickard
Employer Counsel
McInnes Cooper

Alycia Shaw
Labour Relations Counsel
Air Line Pilots Association

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

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

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

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

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

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

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

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

Douglas Sanderson
Arbitrator and Mediator
Doug Sanderson Dispute Resolution

Speakers

Joel Fairbrother
Employer Counsel
Bow River Law LLP

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

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

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

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

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

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

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

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

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

Sarah Crossley
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Brian Etherington
Arbitrator

Lewis Gottheil
Union Lawyer and Educator

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

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

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

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

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

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

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

Speakers

Lori Brienza
Employer Counsel
Mathews Dinsdale

Mark Repath
Employee Counsel
Israel Foulon LLP

In this webinar, leading experts will discuss and consider the impact of key employment law decisions and legislative updates from across Canada. Topics to be addressed include the latest on wrongful dismissals, lay-offs, the enforceability of termination and other contractual clauses, and key human rights issues such as requiring proof of citizenship or permanent residency as a condition of employment. The panel will also flag significant class actions, ongoing litigation, and legislative changes. Final topics will be selected in the weeks prior to the webinar to ensure the latest and most relevant developments are included.
AccreditationCPD

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

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

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

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

Toronto Bargaining in the Broader Public Sector Conference & Labour Arbitration and Policy Conference
2023-12-04 - 2023-12-06 | Beanfield Centre, 105 Princes' Blvd, Toronto, Ontario, M6K 3C3, Canada
Bargaining in the Broader Public Sector ConferenceConference Co-Chairs

Michael Sherrard
Employer Counsel
Sherrard Kuzz LLP

Nini Jones
Union Counsel
Jones Pearce LLP

Hotel X Toronto - Group Rates
Lancaster House has reserved a block of rooms at Hotel X for this conference event. The stay dates are between December 3rd to December 7th 2023.
Please call Hotel X at 1-647-943-9244, or contact via email at Stay@hotelxtoronto.com to check on the availability and group rates.
Conference Advisory Committee

Casey Dockendorff
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Andrew Hall
Consultant
Hall Labour Relations Services Professional Corporation

Matthew Hrycyna
Grievance Officer
Ontario Public Service Employees Union (OPSEU)

Gavin Leeb
General Counsel
University of Toronto Faculty Association

Labour Arbitration and Policy ConferenceConference Co-Chairs

Marcia Barry
Legal Counsel
Ontario English Catholic Teachers’ Association

Edith Bramwell
Chairperson
Federal Public Sector Labour Relations and Employment Board

Daniel Wong
Employer Counsel
WeirFoulds LLP

Conference Advisory Committee

Shiran Brener
Counsel
Ontario Treasury Board Secretariat

Sarah Crossley
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Ron Franklin
Union Counsel
Franklin Law

Archana Mathew
Intern, Arbitrator Development Program
(Formerly Grievance Officer, OPSEU)

Marilyn Nairn
Arbitrator

Monday, December 4, 2023Bargaining in the Broader Public Sector ConferenceBreakfast: 8:00 a.m. – 9:00 a.m.
Introductory remarks: 9:00 a.m. – 9:10 a.m.
Panel 1 - Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in Ontario - 9:10 a.m. – 10:30 a.m.

Robert Kavcic
Senior Economist and Director of Economics
BMO

Angella MacEwen
Senior Economist
CUPE

In this session, experts will examine the economic and fiscal forecast for Ontario and Canada in 2024, focusing on the implications for collective bargaining. Specifically, the panel will address:

What short- and long-term economic and fiscal trends are experts predicting in 2024 in Ontario and in Canada? How does the outlook in Ontario compare to other provinces and the United States?
How should parties address rising costs of living/inflation when negotiating wage increases? Beyond general wage increases, what wage adjustment mechanisms may be employed? Are longer-term wage adjustments such as periodic cost of living adjustments likely to gain traction?
How does the current status of the Ontario labour market compare with the federal labour market? Were more jobs gained or lost in 2023? What is the outlook for 2024?
How can parties tackle staffing and retention challenges during negotiations? Based on the labour market outlook, is there greater pressure to increase wages, or make other concessions, to attract and retain workers?
Will the recent increases in the federal minimum wage and the Ontario minimum wage affect bargaining, especially negotiations pertaining to lower-wage workers?
What measures are governments likely to prioritize in 2024 provincial and federal budgets to ensure economic growth and prosperity? How will these measures affect bargaining?

Morning break: 10:30 a.m. – 10:45 a.m.
Panel 2 - Bargaining Bulletins: Update on major caselaw and legislation - 10:45 a.m. – 12:00 p.m.

Christopher Pigott
Employer Counsel
Fasken Martineau

Elizabeth Keenan
Employer Counsel
Mathews Dinsdale

Kirsty Niglas-Collins
Union Counsel
Unified LLP

Aleisha Stevens
Union Counsel
CaleyWray

In this session, experts will examine recent cases and legislative developments with implications for collective bargaining. Panelists will address the latest decisions on government intervention in collective bargaining, cases illustrating key principles of collective agreement interpretation, noteworthy interest arbitration awards, and recent labour board rulings. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.
Lunch: 12:00 p.m. – 12:50 a.m.
Keynote Speaker – Bots at the Bargaining Table: What is the future for workers? - 12:50 p.m. – 1:15 p.m.
Bots at the Bargaining Table: What is The Future For Workers?

Armine Yalnizyan
Economist

Artificial Intelligence has captured the headlines, triggering both optimism and anxiety in both workers and management. But how could the public sector be impacted by these trends in technology? This keynote address, delivered by Canada’s leading economic thinker on the future of work, will provide a whirlwind tour through the issues you will be dealing with on both sides of the bargaining table during your next round of negotiations.
Panel 3 - Labour Law Lightning Round: Flash focus on real-life contract provisions and issues - 1:15 p.m. – 2:30 p.m.

Sundeep Gokhale
Employer Counsel
Sherrard Kuzz

Cheryl Wiles Pooran
Employer Counsel
PooranLaw

Mary Claire Bass
Employer Counsel
Bass & Associates

Nicole Gauthier
Executive Officer and Chief Negotiator
OSSTF Toronto

Kimiko Inouye
Director of Collective Bargaining at the Ontario Confederation of University Faculty Associations

Emily Home
Union Counsel
Ursel Phillips Fellows Hopkinson LLP

In this session, panelists will highlight real-life collective agreement clauses recently negotiated to address current and pressing workplace issues. Topics covered in this panel will be finalized in the weeks prior to the conference, ensuring coverage of the latest collective agreement language and the most relevant workplace issues. However, topics currently under consideration include emerging changes to leave provisions; reconciliation in the workplace; privacy, monitoring and surveillance; emergency-related procedures (relating to climate change/pandemics); and work-life balance and remote work.Afternoon break: 2:30 p.m. – 2:45 a.m.
Panel 4 - Managing the Message: Expert guidance on communications, misinformation, and social media during bargaining - 2:45 p.m. – 4:00 p.m.

Shane Gonsalves
Managing Director, Government & Public Affairs
Ontario Public School Boards’ Association

Craig Lawrence
Employer Counsel
Dentons

Lauren Pearce
Union Counsel
Jones Pearce

Shannon Devine
Department Head, Communications and Political Action
USW

Presenting messages effectively, accurately, and lawfully is critical to successful negotiations. In this session, panelists will discuss strategies for employers and unions seeking to manage communications before, during, and after collective bargaining. Specifically, the panel will address:

What key information should be communicated to employees or members during bargaining? How should these communications be framed?
What types of communications with employees are permissible under the Ontario Labour Relations Actduring bargaining and what types of practices may be in violation of the Act?
How can employers and unions ensure that they get the information needed from each other and from employees in order to determine their bargaining positions?
How can employers and unions communicate effectively with one another during bargaining? What are best practices in presenting proposals, responding to counterproposals, and bridging an impasse?
What adjustments, if any, should bargaining teams make to prepare effectively for communicating proposals and negotiating in a virtual or hybrid environment?
Has there been an increase in recent years in rejected tentative agreements? Are there communication practices that may help avoid this outcome?
What limits exist, if any, on communications with the media during collective bargaining? How should employers and unions respond to unintentional information “leaks”?
What are the advantages and disadvantages of social media during bargaining when organizing employees, assessing bargaining realities, and taking into account privacy and confidentiality concerns?
How can parties manage misinformation in an increasingly digital world and evaluate the accuracy of information surrounding negotiations?

Bora Laskin Award DinnerCocktail reception: 4:30 p.m. – 6:00 p.m.
Dinner: 6:00 p.m. – 8:00 p.m.
Tuesday, December 5, 2023Labour Arbitration and Policy ConferenceBreakfast: 8:00 a.m. – 9:00 a.m.
Introductory remarks: 9:00 a.m. – 9:10 a.m.
Panel 1 - Notable and Newsworthy: Experts address key cases and legislative developments - 9:10 a.m. – 10:30 a.m.

Paul Meier
Counsel
Ontario Treasury Board Secretariat

Erin Porter
Employer Counsel
Fasken

Chris Dassios
General Counsel
Power Workers’ Union

Jorge Hurtado
Union Counsel
Morrison Watts

In this session, experts will highlight recent and noteworthy cases on significant workplace issues, such as privacy, off-duty conduct, discipline, and accommodation, as well as cases addressing procedural aspects of the arbitral process. Panelists will also discuss recent provincial and federal legislative amendments. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments.Break: 10:30 a.m. – 10:45 a.m.
Panel 2 - Potholes on the Road to Justice: Addressing delay, abuse of process, and undue legalization in arbitration - 10:45 a.m. – 12:00 p.m.

John McNamee
Arbitrator

Amanda Hunter
Employer Counsel
Hunter Liberatore Law LLP

Michael Hancock
General Counsel
UFCW 1006a

Arbitration procedures have evolved significantly in recent years. Parties and practitioners have raised concerns about judicialization, the timeliness of the process, difficulties in selecting arbitrators, and the ability to address abuse of process effectively. In this session, experts will address the following:

What common bottlenecks do parties encounter in the arbitral process? What can be done to eliminate unnecessary delays?
Does the growing legalism of arbitration undermine its unique advantages, or is it necessary to ensure procedural protections for parties?
What options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives?
Can parties reduce arbitration timelines by using virtual or hybrid formats? Is there room to automate arbitration processes by using artificial intelligence?
What can be done to ensure the availability of a sufficient pool of arbitrators?
How are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?

Lunch: 12:00 p.m. – 1:00 p.m.
Panel 3 - Ask an Arbitrator: Arbitrators weigh in on questions about AI and privacy - 1:00 p.m. – 2:15 p.m.

Lisa Goodfellow
Employer Counsel
Miller Thompson

Jerry Raso
Legal Counsel
Ontario English Catholic Teachers’ Association

Kevin Banks
Arbitrator

Given the lack of Canadian arbitration decisions on the use of AI to select and manage employees, this session will provide employers and unions with the best available insight into how grievances against such uses of AI would be mounted, defended, and decided in Ontario. Experienced union and management counsel will join an arbitrator to discuss a union challenge to algorithmic management drawn from US caselaw and a challenge to a program designed to vet job candidates. Specific issues to be addressed include:
• What principles in existing arbitral jurisprudence or legislative provisions could be invoked to challenge an employer’s use of algorithmic management (i.e. use of AI and data to manage employees)?
• Can employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?
• What arguments for and against the use of algorithmic management would Ontario arbitrators find most compelling?
• What legal concerns are raised when an employer uses AI to assess candidates’ suitability for positions?
• What privacy concerns are raised by using AI to evaluate job applicants based on their internet activity?
Break: 2:15 p.m. – 2:30 p.m.
Panel 4 - Discrimination and Harassment: Experts examine key cases, evolving arbitral perspectives, evidentiary considerations, and more - 2:30 p.m. – 3:45 p.m.

Yola Grant
Arbitrator/Mediator

Kathryn Bird
Employer Counsel
Ogletree Deakins

Jane Mulkewich
Legal Director
UFCW Local 175

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

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 does systemic discrimination influence decisions about how grievances are handled, including which should proceed to arbitration?
How have arbitrators applied the Supreme Court of Canada’s decision in Northern Regional Health Authority v. Horrocks when determining whether they have jurisdiction to hear a discrimination or harassment grievance?
What evidence must be presented at arbitration to establish discrimination and harassment claims? What are best practices when presenting this evidence? When is it necessary or appropriate to present expert evidence – for example, on unconscious or implicit biases?
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?

Conference ends: 3:50 p.m.
Wednesday, December 6, 2023*Workshop sold separately from conference.
Bargaining In The Broader Public Sector Conference: WorkshopInterest Arbitration: Current Issues, Proven Practices

Andrew Hall
Consultant
Hall Labour Relations Services Professional Corporation

Norman Jesin
Arbitrator

Jeffrey Sack
Labour Relations Counsel

This interactive session on interest arbitration will be conducted by an experienced arbitrator, together with seasoned union and management nominees. Participants will explore the state of the art in various aspects of interest arbitration, including research and preparation, case presentation, process issues, substantive law, and tactics and strategies.
Attendees can expect to learn principles and practices relating to:

Selection of an arbitrator;
Preparation for mediation meetings and arbitration hearings;
Presentation of briefs and documents at arbitration;
Alternative formats including conventional arbitration, med-arb, arb-med, and first contract arbitration;
Criteria applied by arbitrators, including replication/comparability, demonstrated need, and total compensation;
Process issues, including standard ground rules, package bargaining, admissibility of exchanges during negotiations, propriety of late demands, estoppel, arbitrability of proposed exclusions, impact of post-hearing settlements, and effect of pattern-setting awards;
Substantive topics, such as wage determination, impact of inflation, staffing, contracting out, appropriate benefit levels, etc.;
Effective remedies, including interim awards, retroactive decisions, referral to further negotiation, final orders.

The emphasis in the workshop will be on interactive learning, practical advice, and role-playing. At the same time, materials will be provided that reflect up-to-date arbitration caselaw.
CPDBargaining in the Broader Public Sector Conference CPD

This program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.
Members of the Law Society of Ontario may consider counting this program for 5.5 substantive hours; 0 professionalism hours.

Labour Arbitration and Policy Conference CPD

This program has been approved for 5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.
Members of the Law Society of Ontario may consider counting this program for 5 substantive hours; 0 professionalism hours.

Workshop CPD

The Post-Conference Workshops have been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association, each.
Members of the Law Society of Ontario may consider counting The Post-Conference Workshops for 5.5 substantive hours; 0 professionalism hours, each.

Vancouver Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference
2023-11-27 - 2023-11-29 | The Hyatt Regency Vancouver, 655 Burrard Street., Vancouver, B.C., Canada
Bargaining in the Broader Public Sector ConferenceConference Co-Chairs

Meena Brisard
Secretary – Business Manager
Hospital Employees’ Union (HEU)

James Suderman
Executive Director, Negotiations and Member Services
Health Employers Association of BC (HEABC)

Conference Advisory Committee

Renzo Del Negro
Director of Human Resources
City of Coquitlam

Rebecca Maurer
Chief Executive Officer
Post Secondary Employers’ Association (PSEA)

Starleigh Grass
Assistant Director, Field Services Division
British Columbia Teachers’ Federation (BCTF)

Douglas Dykens
Executive Director of Field Services and Negotiations
BC General Employees’ Union (BCGEU)

Labour Arbitration and Policy ConferenceConference Co-Chairs

Tina-Marie Bradford
Senior Litigator, Advocacy Department
BC General Employees’ Union (BCGEU)

Clayton Jones
Employer Counsel
Fasken Martineau DuMoulin LLP

Gabriel Somjen
Arbitrator/Mediator

Conference Advisory Committee

Ryan Copeland
Employer Counsel
Roper Greyell LLP

Patricia Deol
Union Counsel
Koskie Glavin Gordon

Jennifer Glougie
Chair
British Columbia Labour Relations Board

Jay Sharun
Chief Executive Officer
National Collective Bargaining Institute

Brittany (Britt) Skinner
Director
BC General Employees’ Union (BCGEU)

Monday, November 27, 2023Bargaining in the Broader Public Sector ConferenceBreakfast: 8:00 am – 9:00 am PT
Introductory remarks: 9:00 am – 9:10 am PT
Panel 1 - Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in B.C. - 9:10 am – 10:30 am PT
Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in B.C.

Iglika Ivanova
Senior Economist and Public Interest Researcher
Canadian Centre for Policy Alternatives

Paul Todd
Senior Director, Labour Relations
Health Employers Association of BC (HEABC)

Richard Tones
Director of Negotiations
BC General Employees’ Union (BCGEU)

David Williams
Vice President of Policy
Business Council of British Columbia

In this session, experts will examine the economic and fiscal forecast for B.C. and Canada in 2024, focusing on the implications for collective bargaining. Specifically, panelists will address:

What short- and long-term economic and fiscal trends are experts predicting in 2024 in B.C. and in Canada? How does the outlook in B.C. compare to other provinces and the United States?
How should parties address rising costs of living when negotiating wage increases? Beyond general wage increases, what wage adjustment mechanisms may be employed? Are longer-term wage adjustments such as periodic cost of living adjustments likely to gain traction?
How does the current status of the B.C. labour market compare with the federal labour market? Were more jobs gained or lost in 2023? What is the outlook for 2024?
How can parties tackle staffing and retention challenges during negotiations? Based on the labour market outlook, is there greater pressure to increase wages to attract and retain workers?
Will the recent increases in the federal minimum wage and the B.C. minimum wage affect bargaining, especially bargaining involving lower-wage workers?
What measures are governments likely to prioritize in provincial and federal budgets to ensure economic growth and prosperity? How will these measures affect bargaining?

Morning break: 10:30 am – 10:45 am PT
Panel 2 - Bots at the Bargaining Table: Addressing artificial intelligence in negotiations - 10:45 am – 12:00 pm PT
Bots at the Bargaining Table: Addressing artificial intelligence in negotiations

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

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

Steven Rogers
Union Counsel
Victory Square Law Office LLP

When ChatGPT was launched less than a year ago, the promises and dangers of advanced artificial intelligence moved from the annals of science fiction to the front page of newspapers. While fears about automation killing jobs are not unique to this latest technological revolution, the concerns this time have shifted from work involving repetitive tasks and physical effort to white collar, creative, and intellectual work. The recent Writers’ Guild strike and the SAG AFTRA strike bear witness to the encroachment of machines into types of work that had long been thought to require uniquely human faculties. In this session a panel of experts will discuss the potential impact of AI on work in the broader public sector and offer their thoughts on how the impact should be addressed at the bargaining table.

What aspects of work in the broader public sector are most likely to be affected by AI? Is employee privacy the primary concern? Replacement of workers? Work intensification?
Should both employers and unions lobby government for increased regulation of AI and its effects on work and workers? If so, what should they be asking for? Is there any common ground?
Are concerns about AI displacing workers adequately addressed by “adjustment plans” required by the B.C. Labour Relations Code or by standard “technological change” provisions?
How should collective agreements address concerns about work intensification related to AI? Would standard “workload provisions” help? What about psychological health and safety provisions?
How should employers and unions address the potential use of algorithmic management, which is defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment under collective agreements?

Lunch: 12:00 pm – 12:50 pm PT
Panel 3 - Labour Law Lightning Round: Flash focus on real-life contract provisions and issues - 12:50 pm – 2:20 pm PT
Labour Law Lightning Round: Flash focus on real-life contract provisions and issues

Starleigh Grass
Assistant Director, Field Services Division
British Columbia Teachers’ Federation (BCTF)

Eric Ito
Employer Counsel
Cooperwilliams Truman LLP

William Skinner
Strategic Negotiations Lead
Health Employers Association BC (HEABC)

Jadine (Jay) Lannon
Union Counsel
Forte Law

Stefanie Quelch
Legal Counsel
British Columbia Teachers’ Federation (BCTF)

Jeanne Meyers
General Counsel and Executive Director of Legal Services and Labour Relations
Health Sciences Association of British Columbia (HSABC)
Lead Negotiator
Health Sciences Professionals Bargaining Association
Union Counsel
Allevato Quail Roy

In this session, panelists will highlight real-life collective agreement language recently negotiated to address current and pressing workplace issues. Topics covered in this panel will be finalized in the weeks prior to the conference, ensuring coverage of the latest collective agreement language and the most relevant workplace issues. However, topics currently under consideration include emerging changes to leave provisions; reconciliation in the workplace; privacy, monitoring and surveillance; emergency-related procedures (relating to climate change/pandemics); and remote work.
Afternoon break: 2:20 pm – 2:35 pm PT
Panel 4 - Managing the Message: Expert guidance on communications, misinformation, and social media during bargaining - 2:35 pm – 3:50 pm PT
Managing the Message: Expert guidance on communications, misinformation, and social media during bargaining

Kindrée Draper
Director, Corporate Relations
Public Sector Employers’ Council (PSEC) Secretariat

Caelie Frampton
Director of Communications
Hospital Employees’ Union (HEU)

Lynsey Gaudin
Employer Counsel
MLT Aikins

Will Clements
Union Counsel
Koskie Glavin Gordon

Crafting and presenting messages effectively, accurately, and lawfully is critical to successful negotiations. In this session, panelists will discuss strategies for employers and unions seeking to manage communications before, during, and after collective bargaining. Specifically, the panel will address:

What key information should be communicated to employees or members during bargaining? How should these communications be framed?
What types of communications with employees are permissible under the B.C. Labour Relations Codeduring bargaining and what types of practices may be in violation of the Code?
How can employers and unions ensure that they get the information needed from each other and from employees in order to determine their bargaining positions?
How can employers and unions communicate effectively with one another during bargaining? What are best practices in presenting proposals, responding to counterproposals, and bridging an impasse?
What adjustments, if any, should bargaining teams make to prepare effectively for communicating proposals and negotiating in a virtual or hybrid environment?
Has there been an increase in recent years in rejected tentative agreements? Are there communication practices that may help avoid this outcome?
What limits exist, if any, on communications with the media during collective bargaining? How should employers and unions respond to unintentional information “leaks”?
What are the advantages and disadvantages of social media during bargaining when organizing employees, assessing bargaining realities, and taking into account privacy and confidentiality concerns?
How can parties manage misinformation in an increasingly digital world and evaluate the accuracy of information surrounding negotiations?

Networking reception: 4:00 pm – 5:00 pm PT
Conference ends: 5:00 pm PT
Tuesday, November 28, 2023Labour Arbitration and Policy ConferenceBreakfast: 8:00 am – 9:00 am PT
Introductory remarks: 9:00 am – 9:10 am PT
Panel 1 - Notable and Newsworthy: Experts address key cases and legislative developments - 9:10 am – 10:40 am PT
Notable and Newsworthy: Experts address key cases and legislative developments

Danny Bernstein
Employer Counsel
Roper Greyell LLP

Jitesh Mistry
Labour Arbitrator/Mediator
Mistry ADR

Sara Malkin
Employer Counsel
Mathews Dinsdale & Clarke LLP

Jeff Sanders
Union Counsel
Victory Square Law Office LLP

Kirby Smith
Union Counsel
Koskie Glavin Gordon

In this session, experts will discuss recent caselaw, addressing topics such as surveillance and monitoring, off-duty conduct, sick leave and vaccination policies, discrimination and accommodation, and significant remedial awards. The panel will also discuss recent noteworthy legislative amendments. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments.
Morning break: 10:40 am – 11:00 am PT
Panel 2 - Digital Dignity: Protecting privacy in an era of workplace surveillance - 11:00 am – 12:15 pm PT
Digital Dignity: Protecting privacy in an era of workplace surveillance

Stefanie Ratjen
Staff Representative
BC General Employees’ Union (BCGEU)

Marino Sveinson
Employer Counsel
Pulver Crawford Munroe

oline Twiss
Deputy Commissioner and Deputy Registrar
Office of the Information and Privacy Commissioner (OIPC) BC

In this session, experts will examine the use of emerging technologies in the workplace and the boundaries of privacy rights in an increasingly digital world. Specifically, panelists will address:

Have arbitral approaches evolved in recent years when it comes to balancing employee privacy rights with an employer’s interest in ensuring productivity, safety, and compliance? How have arbitrators treated the use of emerging technologies such as biometric scanning, GPS tracking, and enhanced audio and video surveillance systems?
What lessons can be learned from these decisions for monitoring and surveilling employees working from home? Can employers implement policies and practices that allow for “always on” webcam policies, keystroke monitoring software, and other technological means of closely tracking employees’ behaviour? Is a reasonable suspicion of “time theft” first required?
Has there been a change in terms of what constitutes a “reasonable expectation of privacy” in information saved to or accessed from work devices? How is the analysis impacted where an employee is using their work device for personal matters or vice versa?
Is it permissible for employers or employees to record workplace interactions? With most parties now having readily available cellphones capable of recording audio and video, has this practice become more acceptable?
What off-duty privacy rights and protections do employees enjoy, if any? Do employees have a reasonable expectation of privacy in information shared to forums such as Facebook, Instagram, etc., where the information is accessible online but available only to users selected by the employee?
How do the privacy rights of job applicants differ from the rights of existing employees? Under current laws, would an employer be permitted to use software to conduct a personality profile of job applicants based on their internet activity?

Lunch: 12:15 pm – 1:15 pm PT
Panel 3 - Potholes on the Road to Justice: Addressing delay, abuse of process, and undue legalization in arbitration - 1:15 pm – 2:30 pm PT
Potholes on the Road to Justice: Addressing delay, abuse of process, and undue legalization in arbitration

Jessica Gregory
Arbitrator, Mediator and Investigator

Robyn Trask
General Counsel
BC Teachers’ Federation (BCTF)

Jennifer Wiegele
Employer Counsel
Mathews, Dinsdale & Clark LLP

Arbitration procedures have evolved significantly in recent years. Parties and practitioners have raised concerns about judicialization, the timeliness of the process, difficulties in selecting arbitrators, and the ability to address abuse of process effectively. In this session, experts will address the following:

What common bottlenecks do parties encounter in the arbitral process? How can labour practitioners eliminate unnecessary delays?
Does the growing legalism of arbitration undermine its unique advantages, or is it necessary to ensure procedural protections for parties?
What options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives?
Can parties reduce arbitration timelines by using virtual or hybrid formats? Is there room to automate arbitration processes by using artificial intelligence?
How are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?

Afternoon break: 2:30 pm – 2:45 pm PT
Panel 4 - Addressing the Unknown: Arbitrators respond to the use of artificial intelligence - 2:45 pm – 3:45 pm PT
Addressing the Unknown: Arbitrators respond to the use of artificial intelligence

Richard Coleman
Arbitrator/Mediator

Michela Fiorido
Employer Counsel
Harris & Co.

Sebastien Anderson
Union Counsel
Labour Rights Law

Given the lack of Canadian precedents on the use of AI to manage employees (i.e. “algorithmic management”), this session will provide employers and unions with the best available insight into how a grievance against algorithmic management would be mounted, defended, and decided in British Columbia. Using a real union challenge to an employer’s use of AI drawn from US caselaw, experienced counsel and arbitrators will address the following questions:

What principles in existing arbitral jurisprudence are likely to be invoked to challenge an employer’s use of algorithmic management? Is there any legislation that might constrain an employer’s use of AI in evaluating employee performance?
Can employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?
What arguments for and against the use of algorithmic management might British Columbia arbitrators find most compelling?

Conference ends: 4:00 pm PT
Wednesday, November 29, 2023Workshops*Workshops sold separately from stand-alone conference.
9:00 a.m. – 4:00 p.m. PT
Labour Arbitration and Policy Conference WorkshopCrafting Consensus: Strategies for effective advocacy at mediation

Eric Ito
Employer Counsel
Cooperwilliams Truman LLP

John McConchie
Arbitrator/Mediator

Tamara Ramusovic
Union Counsel
Moore Edgar Lyster LLP

In this workshop, panelists will provide expert guidance on effectively using mediation to resolve grievances. The session will cover practical skills and key legal concepts, equipping attendees to:

Recognize when it is appropriate to use mediation to seek to resolve a grievance;
Prepare appropriately for the mediation;
Communicate effectively and use different negotiating styles to relay a position, understand opposing parties’ interests and objectives, and bridge impasses;
Recognize how power imbalances and “invisible” barriers may impact the mediation process and take steps to address those barriers;
Apply key legal and practical considerations in crafting settlement agreements; and
Recognize when settlement is unlikely and arbitration is necessary.

Bargaining in the Broader Public Sector Conference WorkshopBargaining Essentials: Skills, tools, and strategies for effective collective bargaining

Leanne Bowes
Executive Director
BC Public School Employers’ Association

Jeremy Bryant
Union Counsel
Banister & Company

Amanda Rogers
Arbitrator, Mediator, Lawyer

Achieving successful bargaining outcomes requires strategy, skill, and the acumen to adapt. In this workshop, experts will guide participants through the process of bargaining from the first meeting of parties up until a final agreement (or strike or arbitration). Experienced bargainers are encouraged to attend, comment on scenarios, and discuss their experiences with fellow bargainers. Attendees will hear panel discussions and work through scenarios highlighting a variety of bargaining essentials, including:

Setting ground rules for bargaining;
Tabling proposals and responding to counter-proposals;
Handling package offers;
Dealing with late proposals;
Anticipating and preparing responses;
Communicating with principals, members, and employees and respecting confidentiality;
Addressing both parties’ priorities and developing strategies to bridge impasses;
Understanding which issues can and cannot be taken to impasse;
Analyzing risks of lockouts and strikes;
Exploring options of mediation or interest arbitration where available; and
Finalizing agreements.

CPDBargaining in the Broader Public Sector Conference CPD

This program has been approved by CPHR BC & Yukon for 5.2 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 5.2 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 5.2 Continuing Professional Development hours.

Vancouver Labour Arbitration and Policy Conference CPD

This program has been approved by CPHR BC & Yukon for 5 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Columbia for 5 Continuing Professional Development hours.

Bargaining in the Broader Public Sector Workshop CPD

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

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

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

Vancouver Labour Arbitration and Policy Workshop CPD

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

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

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

Winning Cases at the WSIB and WSIAT: A skills training session, Toronto (In Person Event)
2023-11-22 09:00 - 16:00 (America/Denver) | Hart House (Music Room), 7 Hart House Circle, Toronto, Ontario, M5S 3H3, Canada
Program Leaders

Sean Ryan
Vice Chair
Workplace Safety and Insurance Appeals Tribunal

Carissa Tanzola
Employer Counsel
Filion Wakely Thorup Angeletti

Maryth Yachnin
Worker Counsel
IAVGO Community Legal Clinic

Program DetailsThis full-day session will provide an overview of the WSIB appeal process form receipt of an adverse board-level decision through to a WSIAT hearing. Experienced advocates will provide practical advice on crafting an effective advocacy strategy and marshalling persuasive evidence before WSIB Appeals Resolution Officers (AROs) and the WSIAT.
Employer and worker advocates will learn to:

Appeal a board-level decision within mandated timelines
Identify, sort and prioritize issues in an appeal
Develop a “theory of the case”
Meet pre-hearing disclosure obligations
Obtain relevant evidence
Anticipate and meet the other side’s arguments
Prepare clients for hearings
Effectively use and challenge medical information
Make effective opening statements and final arguments
Question and cross-question witnesses

CPD

This program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.

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

Focus on the Federal Sector: Reviewing the latest caselaw and legislation
2023-11-21 12:30 - 14:00 UTC | Virtual Event
Moderator

Scott Streiner
Arbitrator/MediatorADR Chambers

Speakers

Judith Parisien
Employer Counsel
Fasken

Aaron Lemkow
Legal Officer
Public Service Alliance of Canada

In this panel, experts will explore noteworthy caselaw and the impacts of recent legislative updates on federal sector workplaces. Experts will address key recent caselaw on collective bargaining and agreements, sick leave, vaccination policies, privacy and surveillance, harassment and discrimination, and terminations and dismissal. Panelists will also discuss amendments made to the Canada Labour Code relating to minimum working ages, paid sick leave, termination requirements, and ensuring workplace access to menstrual products, as well as significant amendments to privacy and competition legislation. Final selection of topics will take place in the weeks prior to the webinar, ensuring coverage of the most relevant developments.
AccreditationCPD

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

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

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

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

Edmonton Bargaining in the Broader Public Sector Conference
2023-11-21 - 2023-11-22 | University of Alberta Conference Centre, 11605 87 Ave NW, Edmonton, Alberta, T6G 2H6, Canada
Bargaining in the Broader Public Sector ConferenceConference Co-Chairs

Chantel Kassongo
Employer Counsel
Neuman Thompson

Cherie Langlois-Klassen
Union Counsel
Blair Chahley Klassen

Conference Advisory Committee

Victor Banfield
Director, Negotiations and Policy
Health Sciences Association of Alberta

Cory Galway
Lead Negotiator
Alberta Health Services

Rory Gill
President
CUPE Alberta

Carl Soderstrom
Executive Director
Alberta Union of Provincial Employees

Steve Stringfellow
Strategic Negotiations Lead
Provincial Bargaining Coordination Office
Alberta Treasury Board and Finance

Ruth Strong
Senior Negotiator
City of Edmonton

Tuesday, November 21, 2023Breakfast and Registration 8:00 a.m. – 9:00 a.m.
Introductory remarks by Co-Chairs 9:00 a.m. – 9:10 a.m.
Panel 1 - Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in Alberta

Joseph Marchand
Professor, Economics
University of Alberta

Catherine Rothrock
Chief Economist
Alberta Treasury Board and Finance

Neil Hepburn
Economist, Teacher Welfare
Alberta Teachers’ Association

In this session, experts will examine the economic and fiscal forecast for Alberta and Canada in 2024, focusing on the implications for collective bargaining. Specifically, panelists will address:

What short- and long-term economic and fiscal trends are experts predicting in 2024 in Alberta and in Canada? How does the outlook in Alberta compare to other provinces and the United States?
How should parties address rising costs of living when negotiating wage increases? Beyond general wage increases, what wage adjustment mechanisms may be employed? Are longer-term wage adjustments such as periodic cost of living adjustments likely to gain traction?
How does the current status of the Alberta labour market compare with the federal labour market? Were more jobs gained or lost in 2023? What is the outlook for 2024?
How can parties tackle staffing and retention challenges during negotiations? Based on the labour market outlook, is there greater pressure to increase wages, or make other concessions, to attract and retain workers?
Will the recent increases in the federal minimum wage and the Alberta minimum wage affect bargaining, especially negotiations pertaining to lower-wage workers?
What measures are governments currently likely to prioritize in provincial and federal budgets to ensure economic growth and prosperity? How will these measures affect bargaining?

Morning break 10:30 a.m. – 10:45 a.m.
Panel 2 - Bargaining Bulletins: Update on major caselaw and legislation

Teresa Haykowsky
Employer Counsel
McLennan Ross

Jacqueline L. Lacasse
General Counsel
University of Calgary

Bill Rigutto
Union Representative
Alberta Union of Provincial Employees

Patrick Nugent
Union Counsel
Nugent Law

In this session, experts will examine recent cases and legislative developments with implications for collective bargaining. Panelists will address the latest cases on government intervention in collective bargaining, cases illustrating key principles of collective agreement interpretation, noteworthy interest arbitration awards, and recent labour board decisions. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.
Lunch 12:00 p.m. – 1:00 p.m.
Panel 3 - Managing the Message: Expert guidance on communications, misinformation, and social media during bargaining

Adam Cembrowski
Union Counsel
Nugent Law Office

Kevin Davediuk
Chief Advisor on Negotiations
Provincial Bargaining Coordination Office
Government of Alberta

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Kate Robinson
Negotiator
Alberta Union of Provincial Employees (AUPE)

Crafting and presenting messages effectively, accurately, and lawfully is critical to successful negotiations. In this session, panelists will discuss strategies for employers and unions seeking to manage communications before, during, and after collective bargaining. Specifically, the panel will address:

What key information should be communicated to employees or members during bargaining? How should these communications be framed?
What types of communications with employees are permissible under the Alberta Labour Relations Code during bargaining and what types of practices may be in violation of the Code?
How can employers and unions ensure that they get the information needed from each other and from employees in order to determine their bargaining positions?
How can employers and unions communicate effectively with one another during bargaining? What are best practices in presenting proposals, responding to counterproposals, and bridging an impasse?
What adjustments, if any, should bargaining teams make to prepare effectively for communicating proposals and negotiating in a virtual or hybrid environment?
Has there been an increase in recent years in rejected tentative agreements? Are there communication practices that may help avoid this outcome?
What limits exist, if any, on communications with the media during collective bargaining? How should employers and unions respond to unintentional information “leaks”?
What are the advantages and disadvantages of social media during bargaining when organizing employees, assessing bargaining realities, and taking into account privacy and confidentiality concerns?
How can parties manage misinformation in an increasingly digital world and evaluate the accuracy of information surrounding negotiations?

Afternoon Break 2:15 p.m. – 2:30 p.m.
Panel 4 - Tech Talk: Experts analyze technology and privacy issues in bargaining

Nicole Denier
Assistant Professor
University of Alberta

Erin Ludwig
Legal Counsel – Employment, Labour and Privacy
Alberta Health Services

Leanne Chahley
Union Counsel
Blair Chahley Klassen

In this session, expert panelists will provide guidance on addressing, through collective bargaining, rapidly progressing technology, increased monitoring and surveillance capabilities, and resulting privacy implications for the workplace. 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? Which jobs and sectors are expected to be most affected?
What key impacts resulting from the use of AI in workplaces should be addressed through collective bargaining? What lessons can be learned from language introduced to address past technological developments?
Will human resources be taken over by “algorithmic management,” defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment? How should parties address the potential use of algorithmic management in 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?
Do employers have a right to engage in off-duty surveillance of employees through digital or technological means? If so, can this right be limited through collective agreement language?
Are employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? How much say do unions and their members currently have in what employee information employers collect and how it is used? How can collective bargaining provisions address these issues?

Conference ends 3:45 p.m.
Wednesday, November 22, 2023Workshop*Workshop sold separately from stand-alone conference.
9:00 a.m. – 4:00 p.m.
Difficult Bargaining: Identifying and overcoming obstacles to agreement

Trevor Sones
Adjunct Professor, Sauder School of Business
University of British Columbia

Chantel Kassongo
Employer Counsel
Neuman Thompson

Maryna McTague
Union Counsel
Seveny Scott

Finding the common ground that makes negotiation of a collective agreement possible can be a difficult process at the best of times. However, when external factors such as funding cuts and government-imposed mandates seriously limit the options available to unions and employers, a normally difficult process can become nearly impossible. 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.

CPDConference CPD

This program has been approved by CPHR Alberta for 5 Continuing Professional Development hours.

This program has been approved by the Law Society of British Colombia for 5 Continuing Professional Development hours.
This program has been approved by the Law Society of Saskatchewan for 5 Continuing Professional Development hours.

Workshop CPD

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

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

Supporting Employees with Mental Health Disabilities at Work: Skills training for employers and unions, Vancouver (In Person Event)
2023-11-17 09:00 - 16:00 (America/Denver) | Robson Square campus (C680 HSBC Hall), 800 Robson Street, Vancouver, British Columbia, V7Z 3B7, Canada
Program Leader

Margaret Tebbutt
Senior Consultant and Trainer
Workplace Mental Health

Program Faculty

Gretchen Brown
Union Counsel
British Columbia Teachers’ Federation

Stephanie Vellins
Employer Counsel
Harris & Co.

Lucette Wesley
Consultant and Trainer
Canadian Mental Health Association

Program DetailsThe Supreme Court of Canada has recognized that being able to work is essential to one’s “sense of identity, self-worth and emotional well-being”. Yet many of the 20% of Canadian adults who experience mental illness each year must absent themselves from work, taking a significant personal toll on the workers as well as financial and productivity burdens on employers.
This session is designed to prepare managers, supervisors, union representatives, and other labour relations professionals to work together, with affected workers, to develop and maintain appropriate workplace accommodations and support that result in better outcomes for employers, workers, and workplaces in general.
At the end of this program, participants will be able to:

Appreciate the differences between medical/psychological concepts of mental health and mental disorders, and legal concepts of disability due to psychiatric disorders;
Identify attitudes, language, behaviours and practices that perpetuate stigma;
Recognize signs someone in the workplace may be struggling, perhaps due to health issues, including their mental health;
Communicate with employees/members who are struggling, possibly due to mental health problems, in a helpful, non-threatening way;
Provide effective, flexible and sustainable workplace accommodations; and
Promote psychological safety and mental well-being in the workplace

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

From Conflict to Calm: Dealing with high-conflict behaviour in the workplace, Victoria (In Person Event)
2023-11-15 09:00 - 16:00 (America/Denver) | UVIC David Strong Building (C108), 3800 Finnerty Rd, Victoria, BC, V8P 5C2, Canada
Program Leader

Michael Lomax
Mediator

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

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

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

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

Lancaster’s Workplace Essentials: Employee absenteeism
2023-11-07 12:30 - 14:00 UTC | Virtual Event
Moderator

Ronni Nordal
Arbitrator
Nordal Law

Speakers

Matthew Certosimo
Employer Counsel
Borden Ladner Gervais LLP

Jessica Burke
Union Counsel
Black Gropper

Employee absences can disrupt workflows, diminish productivity, and impact team morale. However, employers must provide accommodations and may have attendance management programs or policies (“AMPs”) where appropriate. In this instalment of Lancaster’s Workplace Essentials webinar series, experts will examine recent caselaw and key principles relating to employee absenteeism. Specifically, panelists will address:

What are best practices for employers and unions in discussing absenteeism with employees?
What duties do employers have to inquire, and what duties do employees have to disclose, whether employee absenteeism is related to a protected ground such as a disability or family status obligation?
What type of medical information can employers request where an employee’s absenteeism is health-related? At what frequency can employers request this information?
Do employers have a duty to accommodate where the employee identifies the reason for absenteeism as stress or burnout?
What are key considerations when drafting an AMP?
How can unions best assist employees subject to monitoring under an AMP?
What is “presenteeism”? How can unions and employers work to set appropriate attendance requirements that discourage presenteeism?
At what point can an employer demonstrate that undue hardship has resulted from accommodating an employee who is frequently absent? Are there any restrictions on dismissing employees for innocent absenteeism?

AccreditationCPD

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

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

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

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

Ottawa Labour Law Conference
2023-11-01 - 2023-11-03 | Rogers Centre Ottawa, 55 Colonel By Drive, Ottawa, Ontario, K1N 9J2, Canada
Conference Co-Chairs

Annie McKendy
Arbitrator, Mediator, and Investigator

Caroline Richard
Employer Counsel
Bird Richard

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

Conference Advisory Committee

Christopher Edwards
Employer Counsel
Soloway Wright

Kelly O’Ferrall
Employer Counsel
Osler, Hoskin & Harcourt LLP

Tia Hazra
Employment Relations Officer
Professional Institute of the Public Service of Canada

Alison Longmore
Union Counsel
Jewitt McLuckie & Associates LLP

Wednesday, November 1, 20239:00 am – 9:10 am ET – Introductory remarks by Co-Chairs
Panel 1: Notable and Newsworthy: Major caselaw and legislative developments - 9:10 am – 10:25 am ET
Notable and Newsworthy: Major caselaw and legislative developments

Christopher Rootham
Board Member
Federal Public Sector Labour Relations and Employment Board (FPSLREB)

Craig Stehr
Employer Counsel
Gowling WLG

Amy Kishek
Legal Counsel
Canadian Union of Public Employees (CUPE)

In this session, experts will examine recent significant developments in labour law. Panelists will address the latest cases on government intervention in collective bargaining, lessons to be learned from emerging jurisprudence on COVID-19 policies, and perennial issues such as privacy, discipline, and discrimination, harassment, and accommodation. The panel will also examine legislative updates including Canada’s ratification of the ILO Violence and Harassment Convention, 2019, and legislation dealing with forced labour. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.
Break: 10:25 am – 10:40 am ET
Panel 2: Disabilities That Elude Diagnosis: Accommodating employees with undiagnosed or poorly understood conditions - 10:40 am – 11:50 am ET
Disabilities That Elude Diagnosis: Accommodating employees with undiagnosed or poorly understood conditions

Wendy Laframboise
Nurse Practitioner
Coordinator, Post-Covid Rehab
The Ottawa Hospital Rehabilitation Centre

Meg Steele
Acting Director, Human Resources Services
Finance and Corporate Services Department

Dina Mashayekhi
Union Counsel
Jewitt McLuckie

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

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

What types of accommodations may be of assistance to an employee suffering from persistent or chronic symptoms that may impact their ability to work? For example: What measures may assist an individual with long COVID?Lunch: 11:50 am – 1:00 pm ET
Keynote - ReconciliACTION: Addressing TRC recommendations in legislation - 1:00 pm – 1:25 pm ET
ReconciliACTION: Addressing TRC recommendations in legislation

Stan Kutcher
Senator
Senate of Canada

The Criminal Code of Canada continues to provide legal protection for parents who use corporal punishment for purposes of correction against their children. Yet extensive research evidence shows that such violence has no positive effect but does result in short and long term harm. Bill S-251 seeks to remove section 43 of the Code to offer children the same protection from assault as all others living in Canada have. Senator Kutcher, a child and adolescent psychiatrist, will address this issue, which has also been flagged by the Truth and Reconciliation Commission (TRC #6). Consideration of the responsibilities of parents and the rights of children in the context of today’s mental health realities will help frame this presentation.
Panel 3: Breaking Barriers: Best practices in promoting equity, diversity, and inclusion in the workplace - 1:25 pm – 2:35 pm ET
Breaking Barriers: Best practices in promoting equity, diversity, and inclusion in the workplace

Richard Gaboton
EDI Specialist
The Professional Institute of the Public Service of Canada (PIPSC)

Jena Montgomery
Counsel
Treasury Board Secretariat Legal Services
Department of Justice

Kami Ramcharan
President
KVR Management Support
Member
Employment Equity Act Review Task Force

Promoting equity at work requires a commitment from workplace actors to remove barriers to participation and success, to proactively support inclusion, and to ensure that measures do not, in fact, perpetuate discriminatory practices. In this session, experts will address the ongoing work of the Employment Equity Act Review Task Force and examine topics such as improving equity in promotion and retention, the best means of effectively measuring equity efforts, and the promise and peril of data in improving workplace equity.
Break: 2:35 pm – 2:50 pm ET
Panel 4: Off-the-Clock Conduct: Reconciling employee free speech and employer reputational concerns - 2:50 pm – 3:55 pm ET
Off-the-Clock Conduct: Reconciling employee free speech and employer reputational concerns

David Jewitt
Arbitrator/Mediator
Jewitt Arbitration

Kyle Van Schie
Employer Counsel
Soloway Wright

Christine Johnson
Union Counsel
Champ and Associates

An employee’s off-duty conduct can affect the reputation of a workplace, impact the well-being of colleagues, and lead to discipline or termination. In this session, experts will examine employer and union rights and duties in promoting appropriate employee behaviour, both within and beyond the workplace. Panelists will address questions including:

Can employers limit employees’ off-duty conduct? Is the nature of the business relevant? When does an employee’s right to express personal opinions while off-duty become a legitimate concern for the employer?
Are there any limits on an employer’s ability to monitor the physical or online activities of off-duty employees?
What constitutes political speech or activity? Can an employer limit political speech or activity in the workplace? What about outside of the workplace?
Can employers or unions offer or require training regarding what constitutes appropriate off-duty conduct?
In what circumstances have employees been disciplined or had their employment terminated for their off-duty conduct?
What language should be incorporated into workplace policies and collective agreements to address off-duty conduct?
What key terms should be included in employee social media policies?
What are best practices for employers and unions seeking to balance employees’ freedom of expression and the need to ensure a workplace free of discrimination and harassment?

Day 1 Closing Remarks: 3:55 pm – 4:00 pm ET
Networking reception: 4:00 pm – 5:00 pm ET
Thursday, November 2, 2023Introductory remarks by Co-chairs: 9:00 am – 9:10 am ET
Panel 5: Asset or Adversary? Examining the implications of artificial intelligence for the world of work - 9:10 am – 10:25 am ET
Asset or Adversary? Examining the implications of artificial intelligence for the world of work

Dr. Valerio De Stefano
Canada Research Chair in Innovation Law and Society, Osgoode Hall Law School
York University

Andrew Vey
Employer Counsel
Willets Vey

Laura Ross
Bilingual Senior Officer
Legal Branch CUPE

When ChatGPT was launched less than a year ago, the promises and dangers of advanced artificial intelligence moved from the annals of science fiction to the front page of newspapers. While fears about automation killing jobs are not unique to this latest technological revolution, the concerns this time have shifted from work involving repetitive tasks and physical effort to white collar, creative, and intellectual work. The Writers’ Guild and SAG AFTRA strikes bear witness to the encroachment of machines into types of work that had long been thought to require uniquely human faculties. In this session a panel of experts will explore AI’s impact on the world of work and discuss the implications for labour relations:

How, if at all, are ChatGPT and similar AI applications different from previous AI programs? Do they “think”? Are they conscious? Are they creative?
Are concerns about AI’s impact on work overblown? Is this technological advancement really different from previous technological revolutions that fomented their own concerns about mass unemployment and the dehumanization of work?
What jobs and sectors will be most affected by AI? How should unions and employers use collective bargaining to address the potential impact of AI on those jobs and sectors?
Should both employers and unions lobby government for increased regulation of AI and its effects on work and workers? If so, what should they be asking for? Is there any common ground?
Will human resources be taken over by “algorithmic management,” which is defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment?
How should employers and unions address the potential use of algorithmic management in collective agreements? Do all collective agreements need to address this issue?
Could AI take over some labour relations tasks like writing policies, interpreting contract language, drafting grievances, researching law, formulating arguments based on precedent, or even deciding the outcome of grievances?

Break: 10:25 am – 10:40 am ET
Panel 6: Fostering Diversity: Removing barriers to recruitment, retention, and promotion of neurodivergent employees - 10:40 am – 11:55 am ET
Fostering Diversity: Removing barriers to recruitment, retention, and promotion of neurodivergent employees

Virginie Cobigo
Executive Director, Open Collaboration for Cognitive Accessibility
Associate professor
Faculty of Social Sciences, School of Psychology
University of Ottawa

David Patacairk
Legal Counsel
City of Ottawa

Morgan Rowe
Union Counsel
Raven, Cameron, Ballantyne & Yazbeck LLP

Neurodivergent Canadians, i.e. those who have lifelong neurological or developmental conditions such as Autism Spectrum Disorder (ASD) or Attention Deficit Hyperactivity Disorder (ADHD), continue to face significant employment barriers despite growing recognition of the benefits of neurodiversity in the workplace. For example, only about a third of working-age Autistic Canadians are employed, and those who are employed are substantially more likely to be underemployed than the general population. In this session, experts will explore why these barriers persist and offer guidance on providing accommodation to neurodivergent employees and jobseekers.

Why is the term “neurodivergent” used to describe people with learning disabilities, ADHD, and ASD? What do these conditions have in common? How are they different?
How do common stereotypes affect the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to combat these stereotypes?
Should workplace neurodiversity be actively promoted in the same way as other forms of organizational diversity? If so, should jobseekers be required to provide medical documentation during the hiring process or should self-identification be accepted?
What can employers and unions do to eliminate or reduce the barriers faced by neurodivergent jobseekers?
Why do many neurodivergent employees find it difficult to retain employment or advance at work?
What accommodations are likely to help neurodivergent employees not only stay at work but thrive?
What type of medical information can employers require from neurodivergent employees seeking accommodation? Should a detailed neuropsychological evaluation report be required?
How often, if ever, should updated medical information be requested from a neurodivergent employee, who, by definition, has a lifelong condition?
What accommodation should unions provide to neurodivergent members accessing union services and using union processes?

Lunch: 11:55 am – 1:00 pm ET
Panel 7: Navigating the New World of Work: Addressing privacy, accommodation, conflict, and collaboration in hybrid and remote work arrangements - 1:00 pm – 2:15 pm ET
Navigating the New World of Work: Addressing privacy, accommodation, conflict, and collaboration in hybrid and remote work arrangements

Ian Mackenzie
Arbitrator/Mediator

Heather Cameron
Employer Counsel
Norton Rose Fulbright

Natasha Udell
In-House Legal Counsel
Ontario Provincial Police Association

As some employers renew calls to return to in-person work, parties have remained deeply divided over the promise and drawbacks that work-from-home arrangements pose for productivity and teamwork. In this session, panelists will provide expert guidance on navigating these concerns, addressing questions including:

Are employers entitled to monitor the productivity of employees working from home through surveillance measures such as monitoring software? What lessons can be learned from how arbitrators have balanced employers’ interest in ensuring productivity with employees’ right to privacy in other contexts?
When will misuse of working time rise to the level of “time theft”? How should employers address employees who use working time for other purposes while at home — such as napping, doing laundry, or looking after family members?
What are emerging best practices for ensuring that a remote or hybrid working arrangement does not negatively impact creativity and collaboration? With many employees reporting increased loneliness arising from their work-from-home arrangements, what proactive steps can be taken to foster well-being and connection among remote team members?
In what ways has shifting to a remote or hybrid work arrangement ameliorated or exacerbated workplace conflict, harassment, and discrimination? How can parties ensure that inappropriate workplace behaviours do not simply shift to forums that may be harder to monitor (e.g. online chats)?
When will a decision to require employees to return to in-person work constitute an improper exercise of management rights? Is there a business case to be made for allowing remote or hybrid work, even where an employer may otherwise legitimately require employees to return?
When must an employee’s request for accommodation through a remote working arrangement be granted?
Do employees returning to in-person work have a right to return to their former office space? How can workplace parties ensure “co-working” arrangements (such as desk “hoteling” or “hot-desking”) do not lead to increased conflict or health and safety hazards?

Break: 2:15 pm – 2:30 pm ET
Panel 8: Investigating Investigations: An examination of current best practices and recent developments - 2:30 pm – 3:45 pm ET
Investigating Investigations: An examination of current best practices and recent developments

Katherine Cotton
Lawyer and Workplace Investigator

Christopher Edwards
Employer Counsel
Soloway Wright

Jennifer Duff
Union Counsel
Shields Hunt Duff Strachan

Workplace investigations have evolved in recent years, including an increased use of remote interviews and a focus on the impact of biases on the investigation process. In this session, experts will discuss important developments in this area, in addition to practices and policies that safeguard fair and effective investigations. The following questions will be discussed:

What lessons can be learned from recent cases addressing the appropriate scope of an investigation, considering the need to preserve a fair, adequate, and effective investigation process?
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?
How can workplace investigators ensure that they are mindful of unconscious and implicit biases during the investigation process? What impact do these biases have on workplace investigations?
What are best practices when it comes to incorporating a trauma-informed approach to conducting witness interviews during an investigation?
How can investigators effectively identify and address pervasive systemic discrimination in the workplace through the fact-finding and report-writing process? How can employers and unions support investigators in this endeavor?
What measures should an employer take when an allegation is not substantiated? What role does the union have in restoring a safe and healthy workplace for all parties involved in these circumstances?

Day 2 Closing Remarks: 3:45 pm – 3:55 pm ET
Friday, November 3, 2023Workshop*Workshop sold separately from stand-alone conference.
Breakfast: 8:00 am – 9:00 am ET
Medical Information in Accommodation and Adjudication: Practical guidance for employers and unions - 9:00 am – 4:00 pm

Goretti Fukamusenge
Board MemberFederal Public Sector Labour Relations and Employment Board

Dr. Darcy A Santor
PsychologistProfessorFaculty of Social SciencesUniversity of Ottawa

Sophie Arsenault
Employer CounselFasken

Nicole Butt
Manager of Litigation and Legal CounselOntario Nurses Association

Judith Parisien
Employer Counsel
Fasken

Workplace parties may have a legitimate need to access and assess employee medical information throughout grievance and arbitration processes, but it is crucial that they do so in a reasonable and appropriate manner. In this interactive workshop, attendees will learn the legal framework governing the appropriate collection, use, and storage of employee health information; strategies for requesting, obtaining, and assessing information from healthcare professionals; and key principles relating to the use of medical information at arbitration. Guided by expert panelists, attendees will leave ready to:

Assess the reasonableness of requests for employees’ personal health information;
Evaluate the adequacy of information provided;
Respond appropriately to vague or deficient information;
Approach employees/union members about needed information with sensitivity;
Determine what type of information should be obtained from different health care professionals and assess when specialist reports or independent medical examinations are necessary;
Recognize when a health care professional is acting as an advocate or assuming an inappropriate role;
Safeguard personal health information in compliance with legislation and in accordance with best practices; and
Use medical evidence effectively in the grievance and arbitration process.

Conference CPD

This program has been approved for 9.75 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.

Members of the Law Society of Ontario may consider counting this program for 9.75 substantive hours.

Workshop CPD

The Ottawa Labour Law Post-Conference Workshops have been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association, each.

Members of the Law Society of Ontario may consider counting The Ottawa Labour Law Post-Conference Workshops for 5.5 substantive hours, each.

Promoting Mental Health: Assessing and protecting workplace psychological health and safety, Calgary (In Person Event)
2023-10-27 09:00 - 16:00 (America/Chicago) | The Westin Calgary, 320 4 Avenue Southwest, Calgary, Alberta, T2P 2S6, Canada
Program Leader

Michelle Phaneuf
Mediator & Psychological Health and Safety Advisor
Workplace Fairness West

Program Faculty

Holly McEwan
Union Counsel
Nugent Law

Laura Mensch
Employer Counsel
BLG

Program DetailsEmployers and unions are accustomed to dealing with mental health in a reactive way. They participate in processes to accommodate workers with mental health conditions or to compensate workers who have experienced traumatic events. This approach is now widely recognized as inadequate. This program is designed provide participants with the tools and knowledge necessary to adopt a proactive approach to mental health and to implement or improve their workplace psychological health and safety system.
Participants will leave this workshop ready to

Identify the 13 factors can affect mental health at work
Assess psychosocial hazards in the workplace
Implement control measures to minimize workplace threats to mental health
Promote a workplace culture that is supportive of worker psychological health and safety

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

The Latest in Workers’ Compensation: Experts examine recent trends and legal developments
2023-10-26 12:30 - 14:00 UTC | Virtual Event
Moderator

Amy Bradbury
Employer Counsel
Wickwire Holm

John McLuckie
Union Counsel
Jewitt McLuckie & Associates LLP

Speakers

Hossein Moghtaderi
Employer Counsel
Filion Wakely Thorup Angeletti

Dawid Cieloszczyk
Union Counsel
Koskie Glavin Gordon

In this webinar, experts will examine key trends and developments in workers’ compensation. Panelists will address topics including:

Are employees injured during a work break or while working at home entitled to workers’ compensation?
When do time limits in legislation or collective agreements bar claims by retired employees of harms caused by mid-career exposure to workplace hazards?
Are sick leave benefits under collective agreements payable if workers’ compensation is available?
When will post-traumatic stress disorder (PTSD) claims for workers’ compensation arising from workplace harassment succeed? What criteria must be established?
In light of the COVID-19 pandemic, what guidance have workers’ compensation agencies provided on how they will adjudicate claims relating to communicable illnesses?
How have workers’ compensation boards resolved issues of jurisdiction in recent cases?
What noteworthy cross-country trends are observable in recent changes to workers’ compensation legislation?

AccreditationCPD

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

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

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

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

Balancing Employee Privacy and Employer Access to Personal Information: Who gets to know what and when?
2023-10-19 12:30 - 14:00 (America/Halifax) | Virtual Event
Moderator

Devyn Cousineau
Vice-Chair, Case Management and Assignments
BCHRT

Speakers

Sharan Basran
Senior Executive of Legal and Counsel
Ontario Nurses Association

Kiersten Amos
Employer Counsel
McInnes Cooper

Focus on Ontario
and the Maritimes How can employers and unions best maintain employee privacy while ensuring employer access to relevant information? In this Ontario- and Atlantic-focused webinar, experts will review legislation, caselaw, and key principles concerning the accessibility and permissible uses of employee personal information. Specifically, panelists will address the following questions:

What laws govern employee privacy and employer access to information in Ontario and in the Atlantic provinces?
What types of employee personal information can employers request access to? Can employers request updates, and if so, at what frequency?
Are there any restrictions on an employer’s right to access, analyze, or use information not actively shared by employees, such as information obtained through surveillance measures?
Are there any restrictions on an employee’s right to access information in their employer’s possession?
In what circumstances have adjudicators held that employee information was accessed, used, or shared improperly?
What key issues should employers and unions address in policies or collective agreements regarding privacy and access to information?

AccreditationCPD

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

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

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

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

Labour Relations Certificate - Fall (Virtual Program)
2023-10-17 12:30 - 2023-12-05 16:00 (America/New_York) | Virtual Event
In association with:Upon completion of this program, participants will receive a certificate of completion and a digital credential.
Program Leader
Daphne Taras
Director, Centre for Labour Management Relations
Toronto Metropolitan University
Program Faculty

Bruce Curran
Associate Professor, Faculty of LawUniversity of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Jillian Houlihan
Union CounselPink Larkin

Colin Johnston
Mediator/Arbitrator

Avner Levin
Professor, Lincoln Alexander School of Law,Toronto Metropolitan University

Archana Mathew
Intern, Arbitrator Development Program
Formerly Grievance Officer, OPSEU

Frank Miller
Instructor (Sessional) Lecturer,Faculty Advisor – HR/OB Co-Op Program

Dionne Pohler
Associate Professor, University of Saskatchewan

Bob Thompson
Professor, Human ResourcesSeneca College of Applied Arts and Technology

Jennifer Wootton
Lawyer & Workplace Investigator

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

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

Who should attend?

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

2023 Fall Schedule†The fall 2023 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.
†More detailed information coming soon.
Sample Agenda
The agenda below is for a previous offering of the program, however, content of the upcoming session will be substantially the same.
Labour Relations Certificate CPD

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

This program has been approved for 3.5 Continuing Professional Development hours per session under Section A3 of the Recertification Log of the Human Resources Professionals Association.
This program has been approved by CPHR BC & Yukon for 3.5 Continuing Professional Development hours, per session.
This program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours, per session.
This program has been approved by the Law Society of British Columbia for 3.5 Continuing Professional Development hours, per session.
This program has been approved by the Law Society of Saskatchewan for 26 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 3.5 Continuing Professional Development hours, per session.
Members of the Law Society of New Brunswick may consider this program for 3.5 Continuing Professional Development hours, per session.

Protecting Mental Health in Remote and Hybrid Workplaces: New challenges, innovative approaches
2023-10-12 12:30 - 14:00 UTC | Virtual Event
Moderator

Cathy Knapp
Arbitrator/Mediator

Speakers

Meghan Burton
Organization Development Advisor
Mental Health Commission of Canada

Jack Brathwaite
Employer Counsel
Weaver Simmons

Sandy Donaldson
Legal Counsel
Ontario Nurses’ Association

Employers and unions continue to grapple with the question of the best means of addressing and preventing mental health harms in remote and hybrid workplaces. In this webinar, leading experts will discuss proactive tools and practices to promote psychological wellbeing. The following questions will be discussed:

Following Canada’s ratification of International Labour Organization Convention 190, how can employers and unions implement the convention’s framework, particularly when it comes to protecting remote and hybrid employees?
How can employers, employees, and unions work together to develop practices to proactively address the relationship between remote work and psychological issues such as depression, anxiety, and loneliness?
Has remote work blurred the line between overtime and overwork? How can employers, employees, and unions actively reduce the mental health risks associated with overwork?
How do remote or hybrid work arrangements impact an employer’s ability to identify whether an employee may have a mental health disability? How do these arrangements impact an employer’s duty to inquire? What steps can an employer take to address these questions when they arise in practice?
In the accommodation process, how are the legal obligations of employers, employees, and unions impacted by remote or hybrid workplace arrangements? What measures or practices can an organization implement to ensure successful accommodation and implementation in these circumstances? What role does the union have in this process?
How has the role of unions in promoting psychological wellbeing in the workplace evolved in recent years? What preventative tools and practices can unions utilize to protect members from psychological harms in the workplace, including those caused by bullying and harassment?

A portion of proceeds from this webinar will be donated to Canadian Mental Health Association.
AccreditationCPD

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

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

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

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