Lancaster House

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

Conference Co-Chairs

Adrienne Lei
Union Counsel
Dewart Gleason

Cheryl Wiles Pooran
Employer Counsel
PooranLaw

Conference Advisory Committee

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

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

Cynthia Watt
Vice President
AMAPCEO

Ryan Wood
Negotiator and Economist
Bass Associates

Labour Arbitration And Policy ConferenceConference Co-Chairs

Tim Gleason
Union Counsel
Dewart Gleason LLP

Dale Hewat
Arbitrator/Mediator

Erin Kuzz
Employer Counsel
Sherrard Kuzz LLP

Conference Advisory Committee

Amandi Esonwanne
Solicitor
City of Toronto

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

Paul Meier
Senior Counsel
Ontario’s Treasury Board Secretariat

Kate Shao
Union Counsel
Paliare Roland Rosenberg Rothstein LLP

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

Time
Schedule

Breakfast
8:00 am – 9:00 am ET

Workshop
9:00 am – 10:25 am ET

Morning Break
10:25 am – 10:40 am ET

Workshop
10:40 am – 12:00 pm ET

Lunch
12:00 pm – 1:00 pm ET

Workshop
1:00 pm – 2:20 pm ET

Afternoon Break
2:20 pm – 2:35 pm ET

Workshop
2:35 pm – 4:00 pm ET

Workshop Ends
4:00 pm ET

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

Donna Walrond
Employment lawyer
Bass Associates

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

David Jacobs
Union Counsel
Watson Jacobs Bosnick LLP

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

Evan Daikov
Employer Counsel
Rae Christen Jeffries LLP

Yasmeena Mohamed
Arbitrator/Mediator
YM Arbitration & Mediation Services

Dijana Simonovic
Senior Legal Counsel
Unifor

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

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

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

Doug Porter
Chief Economist and Managing Director, Economics
BMO

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

Michele White
Associate
Bass & Associates

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

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

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

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

Jorge Hurtado
Union Counsel
Morrison Watts

Edward W. Snetsinger
Employer Counsel
Sherrard Kuzz

Deanna Webb
Arbitrator, Mediator and Workplace Investigator
DW Workplace Resolutions

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

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

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

Recent legislative initiatives including:

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

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

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

Nicole Gauthier
Executive Officer and Chief Negotiator
OSSTF Toronto

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

Alan McCallum
Employer Counsel
PooranLaw

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

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

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

Marilynn Dee
Manager Negotiations
Ontario Nurses’ Association (ONA)

Sundeep Gokhale
Employer Counsel
Sherrard Kuzz

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

Anne Musacchio
Manager of Human Resources
City of Vaughan

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

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

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

Allyson Lee
Employer Counsel
Sherrard Kuzz LLP

Laura Johnson
Union counsel
Ryder Wright Holmes Bryden Nam LLP

Daniel Randazzo
Arbitrator and Mediator
Randazzo Arbitration Services

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

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

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

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

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.Break: 10:20 am – 10:35 am ET
Panel 2 - Drawing the Line: Reconciling employee free speech and legitimate employer concerns - 10:35 am – 11:40 am ET

Heather Ann McConnell
Arbitrator/Mediator

Megan Reid
Union Counsel
Dewart Gleason LLP

Alex Treiber
Employer Counsel
Treiber Workplace Law

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

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

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

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

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

Odelia Bay
PhD Candidate
Osgoode Law
York University

Erin Porter
Employer Counsel
Fasken Martineau DuMoulin LLP

Wade Poziomka
Union Counsel
Ross & McBride LLP

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

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

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

Tyler Boggs
Union Counsel
Cavalluzzo LLP

Bonny Mak
Employer Counsel
Fasken Martineau DuMoulin LLP

Nana Yanful
Lawyer/Workplace Investigator

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

Should a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not, why not?
What role do a complainant’s personal characteristics – gender and race, for example – play in determining whether certain conduct should reasonably be seen to be offensive?
Does workplace culture play any role in determining whether conduct or comments amount to harassment?
Is the analysis of whether conduct constitutes harassment affected by the existence of a friendship or previous romantic relationship between the complainant and respondent? What about power imbalances or lack thereof?
How is the reasonableness of management’s response assessed by arbitrators?

CPDBargaining in the Broader Public Sector Conference CPD

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

Labour Arbitration and Policy Conference CPD

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

Workshop CPD

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

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

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

Speakers

Kimberly Boara Alexander
Employee Counsel
KBA Partners LLP

Dianne Rideout
Employer Counsel
Cassels Brock & Blackwell LLP

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

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

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

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

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

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

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

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

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

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

Steve Penney
Employer Counsel
Stewart McKelvey

Kyle Rees
Union Counsel
O’Dea Earle

Program DetailsEmployer and union representatives should cultivate the skills and knowledge necessary to resolve grievances early, before expensive and unpredictable arbitration is necessary. But, not every grievance can be settled without arbitration. When arbitration is necessary, both employer and union representatives need to be able to effectively mount a successful grievance arbitration case or to give maximum assistance to counsel.
Over the course of this workshop, experienced employer and union advocates, joined by an arbitrator on day two, will lead participants in discussion of strategies for settling grievances before arbitration and explain how to win cases at arbitration when necessary.
Working through a realistic grievance with the guidance of experts, participants will learn to:

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

CPD

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

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

Intensive Mediation Workshop
2024-11-25 09:00 - 17:00 (America/New_York) | Virtual Event
In association with:Upon completion of this program, participants will receive a digital credential from Toronto Metropolitan University.

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

Program Leader

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

Program Faculty

Paula Knopf
Arbitrator

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

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

Who is this program designed for?

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

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

Labour and employment lawyers in their first 5 years of practice

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

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

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

James Cameron
Arbitrator/Mediator
Cameron Mediation Arbitration

Speakers

Chris Bryden
Union Counsel
Ryder Wright Blair & Holmes

Roxana Jangi
Employer Counsel
Dentons Canada LLP

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

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

AccreditationCPD

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

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

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

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

Vancouver Bargaining in the Broader Public Sector and Labour Arbitration and Policy Conference
2024-11-19 - 2024-11-21 | The Hyatt Regency Vancouver, 655 Burrard Street., Vancouver, B.C., Canada
Bargaining in the Broader Public Sector ConferenceCo-chairs

Anthony (Tony) Glavin
Union Counsel
Koskie Glavin Gordon

Adriana Wills
Employer Counsel
Harris & Company LLP

Conference Advisory Committee

Ashkon Hashemi
Senior Member Services Officer, Labour Relations
UBC Association of Administrative and Professional Staff

Jeanne Meyers
Executive Director and General Counsel
Health Sciences Association of British Columbia (HSABC)

Delayne Sartison
Employer Counsel
Roper Greyell LLP

Jay Sharun
Chief Executive Officer
National Collective Bargaining Institute

Labour Arbitration and Policy ConferenceConference Co-Chairs

Jennifer Glougie
Chair
BC Labour Relations Board (BCLRB)

Eric Ito
Employer Counsel
Cooperwilliams Truman & Ito LLP

Tamara Ramusovic
Union Counsel
Moore Edgar Lyster LLP

Conference Advisory Committee

Kaity Cooper
General Counsel
Hospital Employees’ Union (HEU)

Heather Hettiarachchi
Employer Counsel
Integritas Workplace Law

Kevin Jeske
Associate Vice-President, Human Resources
University of the Fraser Valley

Tuesday, November 19, 2024Workshop*Workshop sold separately from stand-alone conference.

Time
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

Workshop Ends
4:00 pm PT

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

Michael Conlon
Executive Director
Federation for Post-Secondary Educators of BC (FPSE)

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

John Rogers
Union Counsel
Victory Square Law Office

In this interactive, full-day workshop, experts will help participants hone their bargaining skills, with a focus on overcoming negotiation challenges, determining the cost of benefits, and crafting collective agreement language. By examining both employer and union-side perspectives and delving into case scenarios, attendees will gain expertise necessary to determine the cost of benefits, including intangible benefits such as wellness programs, and craft clear, compelling, and innovative collective agreement language.
Wednesday, November 20, 2024Bargaining in the Broader Public Sector ConferenceBreakfast: 8:00 am – 9:00 am PT
Opening Remarks: 9:00 am – 9:05 am PT
Panel 1 - Checking the Fiscal Forecast: Bargaining in B.C.’s current economic environment - 9:05 am – 10:20 am PT

James Johnson
Associate Professor, Economics
University of British Columbia (UBC)
Member and Chief Negotiator,
UBC Faculty Association Bargaining Team

Jeff Marwick
Director, Regional Employers Services
Metro Vancouver

Kevin Milligan
Professor and Director, Vancouver School of Economics
University of British Columbia (UBC)

Jim Stanford
Economist and Director
Centre for Future Work

In this session, expert panelists will explore 2025 economic and fiscal forecasts and their implications for bargaining, focusing on settlements and awards, and addressing questions such as:

What short- and long-term economic trends are experts predicting Canadians will experience in 2025 in British Columbia? Canada? The United States?
Are inflation and cost-of-living projected to increase in 2025?
How has the increase of the British Columbia minimum wage to $17.40 impacted bargaining? How will it impact future bargaining?
What key non-monetary demands are emerging at the bargaining table in the current climate?
What measures are governments likely to prioritize in 2025 provincial and federal budgets to promote economic growth and prosperity?

Break: 10:20 am – 10:35 am PT
Panel 2 - Breaking Barriers, Achieving Balance: Addressing retention and EDI at the bargaining table - 10:35 am – 11:45 am PT

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

Theo Arsenault
Union Counsel
Arsenault Aaron Lawyers

Ryan Copeland

Maynard A. Witvoet
Associate Director, People Relations
Vancouver Community College (VCC)

Addressing Equity, Diversity, and Inclusion (EDI) at the bargaining table is critical for complying with legal requirements, cultivating workplaces that nurture diverse talents, and enhancing organizational culture. In this panel, experts will provide guidance on building a more equitable workplace through collective bargaining, addressing the following:

What steps should unions and employers take to identify equity issues in the workplace? What information should be gathered in preparation for bargaining on these issues?
What questions should guide unions and employers in reviewing collective agreements and bargaining proposals through an equity lens?
How might existing collective agreement language and definitions be written or revised to ensure that they are equitable and inclusive?
How can unions and employers measure the effectiveness of negotiated programs or provisions on equity issues?

Break: 11:45 am – 12:00 pm PT
Fireside Chat with Vincent Ready - 12:00 pm – 12:30 pm PT

Vince Ready
Arbitrator/Mediator

Lunch: 12:30 pm – 1:25 pm PT
Panel 3 - Rapid Refresher: Key cases, legislative changes, and their impact on negotiations - 1:25 pm – 2:35 pm PT

Jessica Gregory
Arbitrator/Mediator/Investigator

Delayne Sartison
Employer Counsel
Roper Greyell LLP

Michael Shapiro
Union Counsel
Hastings Labour Law Office LLP

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

The impact of recent court decisions concerning freedom of association and the legality of legislation restricting collective bargaining;
The impact of recent arbitral awards, including grievance arbitration decisions addressing key principles of collective agreement interpretation;
The impact of recent labour board decisions addressing issues such as unfair labour practices, illegal strikes, good faith bargaining, and statutory freeze violations;
Recent legislative initiatives including:

Federal legislation to ban the use of strike replacement workers; and
C.’s ongoing review of the Labour Relations Code;

Recent noteworthy settlements and strike actions; and
Current workplace trends, including privatization, remote work, and the right to disconnect.

Break: 2:35 pm – 2:50 pm PT
Panel 4 - Tech Talks: Addressing technological change, surveillance, monitoring, and AI at the bargaining table - 2:50 pm – 4:00 pm PT

Graeme Johnston
Senior Labour Relations Officer
Health Sciences Association of BC (HSABC)

Suzanne Kennedy
Employer Counsel
Harris & Company LLP

Oludolapo Makinde
PhD Candidate
University of British Columbia (UBC)

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

Jordan Michaux
Employer Counsel
Roper Greyell LLP

Workplaces must ensure that their use of technology complies with existing laws relating to employee privacy and human rights, while also grappling with new areas where the law has not yet been extensively developed – such as the use of artificial intelligence (AI). In this panel, experts will examine how collective bargaining can be used to address the complex and wide-ranging issues emerging from using technology in the workplace. Panelists will explore:

What current issues related to using technology in the workplace should employers and unions address at the bargaining table?
What issues resulting from the use of AI in the workplace should be addressed through collective bargaining? What lessons can be learned from collective agreement language that has addressed past technological changes?
What information is available to employers using AI, monitoring, and surveillance technologies? Are employees entitled to information about how their employer is using AI, 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?
What specific risks do emerging technologies such as “algorithmic management” present for employees’ right to privacy and non-discrimination? How can collective bargaining be used to protect against these risks and address concerns of both employers and unions?
How have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity? What lessons can be learned from these decisions when negotiating collective agreement language?
Do employers have a right to conduct off-duty surveillance of employees? What limits exist on off-duty surveillance? How should these concerns be addressed through collective agreement language?
What are some examples of collective agreement provisions addressing AI, technology, and employee privacy?

Closing Remarks: 4:00 pm PT
Thursday, November 21, 2024Labour Arbitration and Policy ConferenceBreakfast: 8:00 am – 9:00 am PT
Opening Remarks: 9:00 am – 9:05 am PT
Panel 1 - Current and Critical: Experts examine recent cases and legislative developments - 9:05 am – 10:35 am PT

Carolyn Janusz
Union Counsel
Goodwin Law

Jitesh Mistry
Labour Arbitrator/Mediator
Mistry ADR

Lindsie Thomson
Employer Counsel
Harris & Company LLP

In this panel, experts will address recent cases and legislative developments impacting federally and provincially regulated workplaces.
Panelists will discuss the latest cases on the following topics:

Discipline and dismissal;
Discrimination, harassment, and accommodation;
Workplace investigations;
Privacy and computer access;
Refusal to vaccinate;
Remote work; and
Collective bargaining and the right to strike.

Panelists will also examine recent legislative initiatives:

An increase in B.C.’s minimum wage;
Amendments to workers’ rights to strike under B.C.’s Labour Relations Code;
Employers’ and workers’ duties under B.C.’s Workers Compensation Act;
Gig workers’ rights in B.C.;
Employers’ obligations under the federal Accessible Canada Act; and
Changes to the Canada Labour Code regarding termination and the “right to disconnect.”

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest developments.
Break: 10:35 am – 10:50 am PT
Panel 2 - New Rules for Return to Work: The duty to cooperate and maintain employment under the Workers Compensation Act - 10:50 am – 11:45 am PT

Amanda Alberti
Employer Counsel
Harris

Jackie Christofferson
Counsel
WorksafeBC

Peter Eastwood
Union Counsel
HHBG Lawyers

Elise Kobylanski
Manager Client Services
Return to Work Services
WorksafeBC

In this session, panelists will examine recent amendments to B.C.’s Workers Compensation Act which introduce a new “duty to cooperate” and “duty to maintain employment.” Speakers will address questions including:

What new obligations are imposed on workplace parties under the “duty to cooperate” and “duty to maintain employment”? When and to whom do these duties apply?
What changes should employers consider making to workplace policies in order to ensure compliance with these duties? What unique challenges may arise in fulfilling these duties in a unionized workplace? What role exists for unions in the implementation and enforcement of these duties?
Must an employer or worker file a complaint with WorkSafeBC in order to trigger an investigation into the parties’ compliance with these duties? Or can WorkSafeBC initiate an investigation into parties’ compliance on its own initiative?
Where a breach of the duties has been alleged or is being investigated, what rights do parties have to provide and receive information, make submissions, and challenge any determination reached?
What consequences may follow if WorkSafeBC determines that a party has failed to comply with its obligations under these provisions?
Should claims relating to an employee’s return to work be advanced through labour arbitration, a human rights tribunal proceeding, or through WorkSafeBC? Can parties expect to face procedural arguments that WorkSafeBC has exclusive jurisdiction over aspects of their claim?

Break: 11:45 am – 11:55 am PT
Keynote by Dr. Chris Stewart-Patterson - Invisible Disability in the Workplace - 11:55 am – 12:30 pm PT

Dr. Chris Stewart-Patterson
CME Program Director
Harvard Medical School

Fibromyalgia, chronic fatigue syndrome, and increasingly long COVID (Post COVID-19 Condition) are medical conditions that can have significant impairment that is not obviously visible in the workplace. There are no definitive objective tests that can demonstrate the severity of these conditions, so the question remains: how is impairment assessed in these conditions? If impairment is reliably established, then, if appropriate, what are some reasonable accommodations that can result in greater workplace satisfaction, attendance, and productivity for individuals with these conditions? The presentation aims to discuss current evidence and approaches to both issues.
Lunch: 12:30 pm – 1:25 pm PT
Panel 3 - Different Roads to Resolution: Conducting effective investigations or making the most of ADR - 1:25 pm – 2:30 pm PT

Heather Hettiarachchi
Employer Counsel
Integritas Workplace Law

David Louie
Lawyer and Workplace Investigator
Southern Butler Price LLP

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

When an employee files a complaint alleging workplace discrimination, harassment, violence, or other misconduct, an employer may take multiple pathways — short of arbitration — to resolve the complaint and restore workplace health and safety. Employers should be aware of the pros and cons of each option. In this panel, experts will explore:

What is the difference between alternative dispute resolution (ADR), arbitration, mediation, and investigation?
What makes an investigation effective?
When is an employer’s duty to investigate triggered? What are the pros and cons of using ADR to resolve a complaint?
What is the role of the union in these processes? What criteria should employers focus on when selecting an appropriate mediator, ADR expert, or investigator? When is it appropriate to use an internal versus an external investigator?
What does it mean to ensure that investigations, mediations, and other forms of ADR are conducted through a trauma-informed lens? Does it help to promote employee health, wellness, and safety?

Break: 2:30 pm – 2:45 pm PT
Panel 4 - Beliefs and Boundaries: Reconciling employee freedom of speech and legitimate employer concerns - 2:45 pm – 4:00 pm PT

E. Murphy Fries
Union Counsel
Koskie Glavin Gordon

Najeeb Hassan
Associate Chair, Adjudication and Mediation Division at the BCLRB

James Kondopulos
Employer Counsel
Roper Greyell LLP

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

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

Closing Remarks: 4:00 pm PT
CPDBargaining in the Broader Public Sector Conference CPD

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

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

Members of the Law Society of British Colombia may count this program for 5.25 Continuing Professional Development hours.

Labour Arbitration and Policy Conference CPD

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

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

Members of the Law Society of British Colombia may count this program for 5.25 Continuing Professional Development hours.

Workshop CPD

The Post-Conference Workshops have been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.

The Post-Conference Workshops have been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.

The Post-Conference Workshops have been approved by the Law Society of British Colombia may count this program for 5.5 Continuing Professional Development hours.

Edmonton Bargaining in the Broader Public Sector Conference
2024-11-07 - 2024-11-08 | Westin Edmonton, 10135 100th Street, Edmonton, Alberta, T5J 0N7, Canada
Bargaining in the Broader Public Sector ConferenceConference Co-Chairs

Teresa Haykowsky
Employer Counsel
McLennan Ross LLP

Patrick Nugent
Union Counsel
Nugent Law Office

Westin Edmonton - Discounted Room
$229/night
Deadline: Tuesday, October 8, 2024
Call 1 (800) 937-8461 to book your reservation
More InformationConference Advisory Committee

Kim Leblanc
Chief Negotiator
Alberta Health Services (AHS)

Jim Petrie
Director of Labour Relations
Alberta Union of Provincial Employees (AUPE)

Deborah Schaan
General VP North
Local 417
Canadian Union of Public Employees (CUPE) Alberta Division

Kent Sorochuk
Senior Negotiator
City of Edmonton

Thursday, November 7, 2024Workshop sold separately from stand-alone conference.

Time
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
2:10 pm – 2:25 pm PT

Workshop
2:25 pm – 4:00 pm PT

Workshop Ends
4:00 pm PT

Workshop - Rethinking Bargaining Basics: Costing benefits, crafting language, creating innovative clauses

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Kate Robinson
Negotiator
Alberta Union of Provincial Employees (AUPE)

In this workshop, experts will guide participants through bargaining processes, with a focus on the importance of costing and collective agreement language. Attendees will hear panel discussions and work through realistic scenarios, gaining the skills necessary to:

Apply current approaches in costing a collective agreement;
Understand the application of the concept of total compensation;
Formulate clear and compelling contract language; and
Develop innovative clauses to address current workplace challenges.

Friday, November 8, 2024Breakfast: 8:00 am – 9:00 am MT
Introduction: 9:00 am – 9:05 am MT
Panel 1 - Reading the Vital Signs: Economic checkup for Alberta 2024-2025 - 9:05 am – 10:00 am MT

Richard Hyndman
Research Officer
Alberta Union of Provincial Employees (AUPE)

Catherine Rothrock
Chief Economist
Alberta Treasury Board and Finance

What are economists forecasting for 2025? In this session, expert economists will examine 2025 economic and fiscal forecasts in Alberta and federally. Specifically, the panel will address:

What short- and long-term economic trends are experts predicting Canadians will experience in 2025 in Alberta and in Canada generally?
How does the Alberta economic outlook compare to other provinces and the United States?
Are inflation and cost-of-living projected to increase in 2025?
What is the status of the Alberta labour market and how does it compare with the labour market federally? Were more jobs gained or lost in 2024? What is the outlook for employment status in 2025?
What measures are governments likely to prioritize in 2025 provincial and federal budgets to promote economic growth and prosperity?

Break: 10:00 am – 10:15 am MT
Panel 2 - From Economic Realities to Bargaining Strategies: Experts provide guidance - 10:15 am – 11:30 am MT

James Casey
Arbitrator/Mediator
Labour Arbitration + Mediation

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

Craig Neuman
Employer Counsel
Neuman Thompson

In this session, expert panelists will explore the implications of the economic and fiscal climate for bargaining, focusing on settlements and awards, and addressing questions such as:

How has the rise in the rate of inflation seen throughout the pandemic been addressed at the bargaining table? Beyond general wage increases, what wage adjustment measures are being negotiated?
Is inflation’s deleterious effect on workers’ purchasing power the main driver behind recent rejections of tentative agreements, or is something else at play?
Has there been a rise in employer-sought “rollbacks” at the bargaining table?
How is the recent reported decline in inflation expected to impact wage demands? Will demands moderate or remain high due to low consumer confidence and high household costs relating to essentials, mortgages, and/or rent?
How are concerns about productivity and the standard of living likely to be reflected at the bargaining table?
What key non-monetary demands are emerging at the bargaining table in the current climate?

Break: 11:30 am – 11:45 am MT
Fireside Chat - What’s New at the Board? - 11:45 am – 12:30 pm MT

Teresa Haykowsky
Employer Counsel
McLennan Ross LLP

Nancy Schlesinger
Chair and Essential Services Commissioner
Alberta Labour Relations Board (ALRB)

Networking Lunch: 12:30 pm – 1:15 pm MT
Panel 3 - Recent Developments and Their Impact on Negotiations: Freedom of association; unfair labour practices; ban on strike replacements; remote work; and more - 1:15 pm – 2:30 pm MT

Paulette DeKelver
Mediation/Arbitration

Bill Rigutto
Union Rep
Alberta Union of Provincial Employees

Rebecca Silverberg
Employer Counsel
McLennan Ross LLP

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

The impact of recent court decisions concerning freedom of association and the legality of legislation restricting collective bargaining processes and outcomes;
The impact of recent arbitral awards, including interest arbitration decisions addressing inflation and staffing/recruitment issues;
The impact of recent labour board decisions addressing issues such as unfair labour practices, statutory freeze violations, and picketing in a remote work context;
The impact of recent legislative initiatives including:

Federal legislation to ban the use of strike replacement workers; and
Provincial legislation regarding government oversight and coordination of non-union public sector compensation;

Recent noteworthy settlements and strike actions; and
Current workplace trends, including artificial intelligence, remote work, the right to disconnect, etc.

Break: 2:30 pm – 2:45 pm MT
Panel 4 - Tackling Turnover: Addressing recruitment and retention at the bargaining table - 2:45 pm – 4:00 pm MT

Adam Cembrowski
Union Counsel
Nugent Law Office

Jodi Edmunds
Director Employee & Labour Relations
Northern Alberta Institute of Technology (NAIT)

Lisa Mason
National Representative
Canadian Union of Public Employees (CUPE)

Adam Norget
Director, HR Legal Services & Legal Counsel
Human Resources Division
Edmonton Police Service

Workplace conditions can affect organizational health, employee satisfaction, employee performance, and turnover. This panel will examine important considerations for addressing recruitment and retention at the bargaining table. Experts will discuss:

Emerging collective agreement language regarding benefits and leaves;
Particular work arrangements that enhance work-life balance;
Work from home or hybrid work arrangements;
Means for improving employee mental health and minimizing burnout or undue stress; and
The potential for unions to act as hiring halls to supply staff to nursing homes and retirement homes

Closing remarks: 4:00 pm MT
CPDConference CPD

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.
This program qualifies for 5.5 CPD hours under the Law Society of Saskatchewan Continuing Professional Development Policy

Workshop CPD

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.
This program qualifies for 5.5 CPD hours under the Law Society of Saskatchewan Continuing Professional Development Policy

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

Sarah Atkinson
Arbitrator/Mediator

Speakers

Shannon Carson
Union Counsel
Myers LLP

Michael Horvat
Employer Counsel
Aird & Berlis LLP

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

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

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

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

AccreditationCPD

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

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

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

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

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

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

Grievance Arbitration Police Services Workshop: Current trends, contested issues
2024-10-28 12:30 - 16:00 (America/Halifax) | Virtual Event
Speakers

Chris Albertyn
Arbitrator

Tom Roper K.C.
Labour Relations Counsel

Nini Jones
Labour Relations Counsel

Monday, October 28, 2024This session on grievance arbitration in the police services 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
Human rights and discrimination
Workplace harassment
Disability and accommodation
Privacy and privacy-related issues / medical information
Sick leave and other leaves of absence
Minimum staffing, etc.
Transfer and promotion
Alcohol and drug addiction
Off-duty conduct
Mandatory vaccination
Indemnity for legal costs
Jurisdiction of arbitrators vs. human rights and police service appeal tribunals

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

“Plain meaning” rule / ambiguity
Contextual evidence of negotiating history
Estoppel
Statutory freeze issues
The requirements of good faith
Fairness and management rights
Relevance of statute law
Reasons 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
Police chiefs
Union officers, representatives and advocates
Grievance advisors and committee members
Labour lawyers/consultants
Arbitrators, mediators and adjudicators
Deputy police chiefs

CPDWorkshop CPD

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

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).

CPD for Members of the Law Society of Ontario: 3.5 Substantive Hours; 0 Professionalism Hours.
This program has been approved by the Law Society of British Colombia for 3.5 Continuing Professional Development 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.

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

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

Speakers

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

Julie Weller
Employer Counsel
Mathews Dinsdale

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

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

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

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

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

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

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

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

Ottawa Labour Law Conference
2024-10-16 - 2024-10-18 | Rogers Centre Ottawa, 55 Colonel By Drive, Ottawa, Ontario, K1N 9J2, Canada
OverviewThe Ottawa Labour Law Conference is an annual event that serves as a vital forum for professionals, academics, and policymakers in the field of labor law. This conference gathers together experts and practitioners from across Canada and beyond to engage in meaningful discussions, share insights, and explore the latest developments in labor law and employment relations. With a focus on fostering dialogue and collaboration, the conference provides a platform for attendees to gain a deeper understanding of the ever-evolving legal landscape that shapes labor relations and worker rights. It plays a pivotal role in shaping the future of labor law in Canada by facilitating the exchange of knowledge, best practices, and innovative ideas among those dedicated to advancing workers’ rights and the broader field of labor law.
Conference Co-Chairs

Wassim Garzouzi
Union Counsel
RavenLaw LLP

Judith Parisien
Employer Counsel
Fasken Martineau DuMoulin LLP

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

Conference Advisory Committee

Jena Montgomery
Counsel
Treasury Board Secretariat Legal Services
Department of Justice

Odessa O’Dell
Employer Counsel
Borden Ladner Gervais LLP

Jennifer Duff
Union Counsel
Shields Hunt Duff Strachan

Aaron Lemkow
Legal Counsel
Ontario Nurses’ Association (ONA)

Wednesday, October 16, 2024Workshop*Workshop sold separately from stand-alone conference.After the Investigation: Defusing conflicts and restoring workplace relationships - 9:00 a.m. – 4:00 p.m.

Roger Beaudry
Arbitrator/Mediator and Dispute Prevention/Resolution Consultant
Aptus Conflict Solutions

Madeline Hall
Lawyer & Investigator
Mortimer Khoraych Workplace Investigations and Restorations

Christopher Edwards
Employer Counsel
Soloway Wright

Laura Ross
Bilingual Senior Officer, Legal Branch
Canadian Union of Public Employees (CUPE)

Allegations of bullying or harassment, breaches of respectful workplace policies, or other inappropriate behaviour often result in a formal investigation, culminating in a report with findings and recommendations. However, the investigation (and the imposition of discipline where misconduct is found to have occurred) may be only the first step in addressing conflicts that have emerged between co-workers. Indeed, the investigation process itself may have the unintended result of further fracturing the workplace, by pitting one group of employees against another, or employees against supervisors. In this workshop, experienced facilitators will share their expertise with participants in order to provide them with the knowledge and skills needed to restore productive relationships after the investigation, and to ensure that genuine closure is achieved.

What are the most effective approaches to communicating with employees about the investigation while it is ongoing and after it has been completed? How can the employer assure employees that the investigation process is fair and objective, and that it properly balances the rights and expectations of different groups within the workplace?
Who is entitled to be apprised of allegations? And of statements by other parties to the investigation?
Who is entitled to be advised of the conclusions in an investigation report? When might it be advisable to disclose the report’s findings with others in the workplace?
What role does solicitor-client privilege play in the investigation process? Litigation privilege? Common law rules relating to confidentiality?
Is it beneficial to hold a post-investigation meeting with the affected employees, or the staff as a whole, to discuss the outcome and to explain what changes will be implemented going forward?
In what circumstances should the employer consider hiring a professional mediator to deal with ongoing conflicts? When is one-on-one counselling appropriate?
When does legislation require that a neutral investigator be appointed? When should this be done, regardless of legislative requirements?
Does an apology by the offending parties play a useful role in defusing lingering tensions? What if an employee who behaved inappropriately is unremorseful and unwilling to accept responsibility?
When should consideration be given to reassigning an employee (or employees) to a different work area?
After an investigation, what steps should be taken to reinforce expectations regarding applicable policies and acceptable behaviour at work?

Thursday, October 17, 2024Opening Remarks: 9:00 a.m. – 9:05 a.m.
Panel 1 - Current and Critical: Major developments in legislation and caselaw - 9:05 a.m. – 10:35 a.m.

David Olsen
Board Member
Federal Public Sector Labour Relations and Employment Board (FPSLREB)

Sophie Arseneault
Employer Counsel
Fasken Martineau DuMoulin LLP

Andrew Montague-Reinholdt
Union Counsel
Nelligan O’Brien Payne LLP

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

Discrimination, harassment, and accommodation;
Freedom of association;
Workplace investigations;
Discipline;
Privacy; and
Remote work.

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

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

Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most newsworthy developments.
Break: 10:35 a.m. – 10:50 a.m.
Panel 2 - Thinking Outside the Bots: Arbitrators weigh the pros and cons of artificial intelligence in labour relations - 10:50 a.m. – 12:05 p.m.

Claire Kane Boychuk
Union Counsel

John McLuckie
Union Counsel
Jewitt McLuckie & Associates

Andrew Tremayne
Arbitrator/Mediator

Andrew Vey
Employer Counsel
Vey WIllets LLP

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

What principles in existing federal or provincial arbitral jurisprudence or legislative provisions could be invoked to challenge an employer’s use of algorithmic management (i.e. use of AI and data to manage employees)?
Can employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?
What arguments for and against the use of algorithmic management would arbitrators likely 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?

Networking Lunch: 12:05 p.m. – 1:05 p.m.
Panel 3 - Justice Delayed is Justice Denied: Addressing arbitrator selection, scheduling issues, and other obstacles to effective arbitration - 1:05 p.m. – 2:20 p.m.

Archana Mathew
Arbitrator/Mediator

Morgan Rowe
Union Counsel
RavenLaw LLP

Grace Skowronski
Senior Legal Counsel
Canada Post

Arbitration, once heralded for its efficiency, is grappling with hurdles that may erode confidence in the process. Parties and practitioners have raised concerns regarding judicialization, timeliness, and arbitrator selection. In this panel, experts will address the following:

Is there a shortage of neutrals? If so, what is the effect on the arbitration process? On scheduling? On confidence in the process? How can the shortage of arbitrators, if it exists, be remedied?
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? .g. Med-arb, arb-med? Final offer selection? In what circumstances should parties consider these alternatives?
Can parties reduce arbitration timelines by participating in a virtual or hybrid format? Is there room to automate arbitration processes?
What criteria should parties consider when selecting an arbitrator?
What factors should labour ministries take into account in appointing arbitrators? If expertise and acceptability to the labour relations community are relevant factors, how should they be measured? How can the Labour ministry’s appointment process be made more transparent? More accountable in terms of ensuring the fair and equitable assignment of cases?

Break: 2:20 p.m. – 2:35 p.m.
Panel 4 - Is it Harassment or Isn’t It? An interactive panel based on actual case studies - 2:35 p.m. – 3:50 p.m.

Chris Davidson
Workplace Investigator
Turnpenney Milne LLP

Tia Hazra
Consultation Team Lead
Professional Institute of the Public Service of Canada (PIPSC)

Larissa Volinets Schieven
Counsel
Treasury Board Secretariat Legal Services
Department of Justice Canada

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

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

Closing remarks: 3:50 p.m. – 4:00 p.m.
Friday, October 18, 2024Opening Remarks: 9:00 a.m. – 9:05 a.m.
Panel 5 - Beliefs and Boundaries: Reconciling employee free speech and legitimate employer concerns - 9:05 a.m. – 10:35 a.m.

David Jewitt
Arbitrator, Mediator, Workplace Investigator

Lauren Brecher
Employer Counsel
Emond Harnden LLP

David Yazbeck
Director, National Labour Relations
Professional Institute of the Public Service of Canada (PIPSC)

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

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

Break: 10:35 a.m. – 10:50 a.m.
Panel 6 - Bar None: Achieving gender inclusivity in the workplace - 10:50 a.m. – 12:20 p.m.

Tyler Boyce
Executive Director
The Enchante Network

Lori Harreman
Legal Coordinator
Ontario Nurses’ Association

Dan Irving, PhD
Associate Professor
Institute of Interdisciplinary Studies
Carleton University

Grace McDonell
Employer Counsel
McCarthy Tétrault

Ensuring genuine inclusion of transgender and gender-diverse individuals in the workplace contributes to providing a healthy, safe, and equitable work environment. In this session, expert panelists will examine ways in which employers, unions, and employees can collaborate to create an inclusive workplace for all, including through collective agreement language, policies, and other working arrangements. Final topics will be selected in consultation with panelists in the weeks preceding the conference.
Networking Lunch: 12:20 p.m. – 1:20 p.m.
Fireside Chat - 1:20 p.m. – 2:05 p.m.

Madame Justice Karen Jensen
Judge
Ontario Superior Court of Justice

Meg Steele
Chief Human Resources Officer
Ottawa Police Service

Break: 2:05 p.m. – 2:20 p.m.
Panel 7 - Using Non-Disclosure Agreements to Settle Harassment and Other Workplace Disputes: Is the case for abolition compelling? - 2:20 p.m. – 3:50 p.m.

David Bennett
Mediator, Arbitrator, Investigator

Stephanie Lewis
Employer Counsel
Dentons

Miriam Martin
Barrister & Solicitor
Canadian Union of Public Employees (CUPE)

Non-disclosure agreements (NDAs) are contractual agreements designed to maintain confidentiality among involved parties. While NDAs are frequently used in workplace settlements, there is increasing apprehension about the potential of NDAs to silence victims of discrimination and harassment while shielding employers from reputational damage and other liabilities. In this session, a panel of experts will address the following:

What legislative/regulatory changes have been adopted respecting the use of NDAs in workplace disputes?
How are NDAs currently being used in workplace disputes?
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 might NDAs impact the victims of harassment and/or violence?
What circumstances may render an NDA unenforceable?
What happens if an employee, former employee, or the employer violates an NDA? How have courts and/or arbitrators treated breaches of NDAs?

Closing remarks: 3:50 p.m. – 4:00 p.m.
Workshop - CPD

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

CPD for Members of the Law Society of Ontario: 5.5 Substantive Hours; 0 Professionalism Hours.

Conference - CPD

This program has been approved for 10.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

Members of the Law Society of Ontario may consider counting this program for 10.5 substantive hours; 0 professionalism hours.

Interest Arbitration Police Services Workshop: Current issues, proven practices
2024-10-11 12:30 - 16:00 (America/Halifax) | Virtual Event
Speakers

Chris Albertyn
Arbitrator

Tom Roper K.C.
Labour Relations Counsel

Nini Jones
Labour Relations Counsel

Friday, October 11, 2024In the police services sector, if negotiations result in an impasse, wages and working conditions are determined by labour arbitrators rather than by strike or lockout. In this virtual workshop, seasoned experts will address key issues and trends in interest arbitration in the police services sector, as reflected in the decisions of leading arbitrators across Canada.
Attendees can expect to learn principles and practices relating to the following:

Selecting an arbitrator
Preparing for mediation and arbitration
Presenting briefs and documents at arbitration
Examining alternative formats including conventional arbitration, med-arb, arb-med, final offer selection, and first contract arbitration
The criteria that arbitrators apply 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, effect of pattern-setting settlements and awards, status of unratified settlements, etc.
Effective remedies, including interim awards, 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
Police chiefs
Union officers, representatives, advocates
Union and management negotiators and negotiating committee members
Labour lawyers/consultants
Arbitrators, mediators and adjudicators
Deputy police chiefs

CPDWorkshop CPD

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

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).

CPD for Members of the Law Society of Ontario: 3.5 Substantive Hours; 0 Professionalism Hours.
This program has been approved by the Law Society of British Colombia for 3.5 Continuing Professional Development 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.

Tackling Workplace Impairment: Identifying causes, addressing risks, providing accommodation
2024-10-08 12:30 - 16:00 (America/Halifax) | Virtual Event
Speakers

Norm Keith
Partner, Employment & Labour Law, KPMG Law LLP
KPMG in Canada

Kelly VanBuskirk
Partner
Lawson Creamer Lawyers

Dan Demers
Director of Business Development
CannAmm Occupational Testing Services

Tuesday, October 8, 2024Half-Day Virtual WorkshopUse of alcohol, cannabis, and illicit substances has increased significantly as Canadians cope with mental health challenges and social isolation. In this virtual workshop, experts will discuss recent cases on drug and alcohol testing, fitness-for-duty assessments, suitable accommodations, and disciplinary sanctions, addressing:

What constitutes reasonable cause to justify alcohol and drug testing? Can the mere fact that a worker smells of cannabis or alcohol justify administering a reasonable cause test?
What are some recent examples of treatment or monitoring mechanisms that have been found to be violations of privacy rights or excessively intrusive?
What do recent decisions tell us about the circumstances required to justify post-incident testing? What qualifies as a “significant” incident that would be sufficiently serious to warrant an invasive drug or alcohol test? How does this analysis apply in the case of a near-miss incident?
What must an employer demonstrate aside from the risk of residual impairment in order to establish that accommodation in a safety-sensitive position or workplace would constitute undue hardship?
Do recent cases provide guidance on how to conduct an individualized assessment to determine whether an employee is fit for duty?
To what extent will an employer be required to accommodate an employee who fails to disclose or denies having an issue with substance use?
Where do recent cases draw the line on accommodating relapses, ruling that any further obligation to tolerate relapses would amount to undue hardship?
On what grounds have arbitrators recently overturned last-chance agreements, ruling that a violation of their terms is not sufficient to establish undue hardship?
What factors do adjudicators consider when determining appropriate disciplinary penalties for violations of workplace drug and alcohol policies?

CPDCPD

This program has been approved by CPHR Alberta for 3.1 Continuing Professional Development hours per session.

This program has been approved by CPHR BC & Yukon for 3.16 Continuing Professional Development hours.

This program has been approved for Continuing Professional Development 3.1 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 Nova Scotia for 3.1 Continuing Professional Development hours per session.

This program has been approved by the Law Society of British Colombia for 3.1 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 3.1 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 3.1 Substantive Hours; 0 Professionalism Hours, per session.
Members of the Nova Scotia Barristers’ Society may count this program for 3.1 Continuing Professional Development hours, per session.

Additional InformationRegistration Fee – Single Attendee
Live workshop, video, and MP3 bundle – $920Live workshop – $575Video and MP3 – $575
(Please note, bundles are designed for a single attendee, please contact Customer Service for multi-user pricing. Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
Registration Information
The video recording, MP3 file, and materials are available for download and viewing one business day after the live workshop. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials.

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

Jeff Palamar
Arbitrator and Lawyer
Taylor McCaffrey

Speakers

Natasha Savoline
Employer Counsel
Bernardi Human Resource Law LLP

Kas Pavanantharajah
Union Counsel
Black Gropper

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

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

AccreditationCPD

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

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

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

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

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

Sara Slinn
Arbitrator/Mediator

Speakers

Elisabeth Finney
Union Counsel
Black Burke Mayor LLP

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

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

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

AccreditationCPD

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

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

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

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

National Health & Safety Conference
2024-09-12 12:30 - 17:00 (America/New_York) | Virtual Event
The Virtual Health & Safety Conference is a meticulously crafted event tailored to meet the needs of human resources, industrial relations professionals, executives, union officers, and representatives, as well as health and safety/workers’ compensation specialists, and labor and employment lawyers/consultants.
This premier gathering serves as a dynamic platform for industry thought leaders and practitioners to engage in insightful discussions and collaborative exchanges. The conference features illuminating panels that delve into crucial topics, including the “Annual Check-Up,” where experts meticulously dissect key cases and legislative developments, offering participants a comprehensive understanding of the evolving legal landscape.
Conference Co-Chairs

Jamie Alyce Jurczak
Employer Counsel
Taylor McCaffrey LLP

Dawid Cieloszczyk
Union Counsel
Koskie Glavin Gordon

Conference Advisory Committee

Alissa Demerse
Employer Counsel
Roper Greyell LLP

Wade Poziomka
Union Counsel
Ross & McBride LLP

Peter Smith
President and Senior Scientist
Institute for Work and Health

Thursday, September 12, 2024Introduction: 12:30 p.m. – 12:35 p.m.
Panel 1 - Precedents and Prosecutions: Examining key caselaw, enforcement action, and legislative developments - 12:35 p.m. – 1:50 p.m.

Michael Fisher
Union CounselRavenLaw LLP

Aminah Hanif
Union CounselCavalluzzo LLP

Michelle Jones
Employer CounselLawson Lundell LLP

Jeremy Warning
Employer CounselMathews, Dinsdale & Clark LLP

In this session, expert panelists will address recent cases and legislative developments impacting workplace health and safety. Topics to be addressed include:

What are notable trends in recent prosecutions for workplace health and safety violations? What key legislative developments impacting occupational health and safety have been implemented cross-country in the past year?
When will an employer be held liable under occupational health and safety legislation for injuries or deaths that occur in the course of work that is not performed under the employer’s direct supervision or control? How does the recent Supreme Court of Canada decision in v. Greater Sudbury (City), which interprets Ontario’s occupational health and safety legislation, apply to other jurisdictions?
How have arbitrators and adjudicators assessed the reasonableness of employer-ordered drug and alcohol testing in recent decisions?
What key principles have emerged in recent caselaw regarding workplace harassment investigations conducted pursuant to occupational health and safety legislation? For example, how much information regarding the investigation must an employer disclose to the union and/or the complainant? What consequences may flow from a failure to conduct an investigation?
How should workplace parties respond when employee’s human rights conflict with an employer’s occupational health and safety obligations?

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: 1:50 p.m. – 2:00 p.m.
Panel 2 - Investigations through a Health and Safety Lens: Conducting compliant and effective incident and harassment investigations - 2:00 p.m. – 3:10 p.m.

Madeleine Loewenberg
Employer Counsel
Loewenberg Psarris Workplace Law LLP

Carissa Tanzola
Union Counsel
Filion Wakely Thorup Angeletti LLP

Employers have an obligation to ensure that workplace investigations are conducted effectively and comply with legislation, workplace policies, and collective agreements. These obligations extend to both investigations into allegations of harassment and investigations following workplace injuries or accidents. In this panel, experts will address:

What lessons can be drawn from recent caselaw about an employer’s duty to investigate claims of harassment? What about the essential elements of a fair, adequate, and effective investigation? Under what circumstances have investigations raised procedural fairness concerns?
Do options besides an investigation, such as alternative dispute resolution, satisfy the duty to investigate under the Occupational Health and Safety Act?
When will an employer’s request for post incident drug and alcohol testing be found unreasonable by an arbitrator?
How much should independence factor into who should investigate workplace incidents and harassment? How can employers determine whether an external investigator is necessary?
What are best practices for ensuring that systemic inequities and unconscious biases do not impact the investigatory process?
How can investigators protect employee’s privacy rights during a workplace investigation?
What considerations are particularly relevant to workplace investigations pertaining to off-duty conduct? Can employers justify access to employees’ personal devices for the purposes of an investigation?

Break: 3:10 p.m. – 3:20 p.m.
Keynote - Dr. Jennifer Quaid: The illusion and the reality of corporate accountability for workplace health and safety offences: reflections on the Westray amendments 20 years later - 3:20 p.m. – 3:50 p.m.

Jennifer Quaid
Associate Professor, Faculty of Law
Queen’s University

Coming Soon.
Break: 3:50 p.m. – 4:00 p.m.
Panel 3 - Culture Shifts: Expert guidance on transforming organizational approaches to health and safety - 4:00 p.m. – 5:00 p.m.

Robin Angel
Strategic Advisor Occupational Health & Safety Correctional Services
Department of Justice Nova Scotia

Katherine Ferreira
Union Counsel
Koskie Minsky LLP

Joanne Hay
Director, Health and Safety
Unifor

Eleni Kassaris
Employer Counsel
Dentons

Dr. Lynda Robson
Scientist
Institute for Work and Health

In this session, expert panelists will explore best practices in building organizational cultures which prioritize health and safety. Speakers will address questions such as:

How does creating a strong organizational health and safety culture differ from an employer’s requirement to provide a safe workplace under occupational health and safety legislation?
How can employers and unions promote an organization-wide commitment to health and safety and achieve employee “buy-in” to health and safety initiatives? Should workplace parties seek to shift organizational culture through incentives, consequences for non-compliance, or some combination of the two?
How can organizations ensure a robust workplace health and safety culture in remote work settings? Will obligations imposed under occupational health and safety legislation apply in such cases?
Will new technologies, such as artificial intelligence (AI), assist or hinder the creation of a strong health and safety culture?
How have organizations achieved positive shifts in their health and safety cultures?

Closing Remarks: 5:00 p.m.
CPD

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

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

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

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 consider this program for 4 Continuing Professional Development hours.
CPD for Members of the Law Society of Ontario: 4 Substantive Hours; 0 Professionalism Hours.
This event contains 3.5 technical hours and would be eligible for BCRSP CEU points. See the BCRSP website at www.bcrsp.ca for CEU point criteria.

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

Doug Sanderson
Arbitrator and Mediator
Doug Sanderson Dispute Resolution

Speakers

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

Diane Laranja
Employer Counsel
Filion Wakely Thorup Angeletti LLP

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

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

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

Accreditation
CPD

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

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

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

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

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

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

Speakers

Terry Downey
Union Representative
SEIU Local 1 Canada

Eleni Kassaris
Employer Counsel
Dentons

Jen Magnus
Founder/President
Magnus Consulting

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

What does research suggest about the importance of cultivating workplace friendships? What impact does this have on job satisfaction, productivity, and mental health? What are the potential downsides?
Should employers encourage employees to restrict their interactions to work-related exchanges? Does allowing or encouraging interaction on subjects beyond work-related topics increase the risk for conflict or potential litigation?
What do recent cases suggest about the line between safeguarding free speech at work and an employer’s duty to ensure a safe work environment? Can employees express political or controversial opinions in the workplace? When will an employee be subject to discipline for such statements?
At what point must an employer intervene where employees are in conflict due to differing beliefs or opinions? What is the role of the union in responding to these conflicts?
Can employees be disciplined for statements made when interacting with other employees outside of the workplace?
What steps can employers and unions take to encourage a positive, cohesive work environment while minimizing the risk of harmful conflict or inappropriate comments by employees regarding their beliefs or opinions?
What is the responsibility of the employer to monitor and control gossip?

AccreditationCPD

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

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

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

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

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

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

Speakers

Meghan Burton
Organization Development Advisor
Mental Health Commission of Canada

Tahir Khorasanee
Employer counsel
Steinbergs LLP

Sogol Naserian
Union Counsel
Shields Hunt Duff Stratchan

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

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

AccreditationCPD

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

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

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

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

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

Dr. Dayna Lee-Baggley

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

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

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

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

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

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

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

Colin Johnston
Mediator Arbitrator
Colin Johnston Mediation Arbitration Services Inc.

Speakers

Randy Slepchik
Union Counsel
Jewitt McLuckie & Associates LLP

Cristina Wendel
Emplyer Counsel
Dentons

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

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

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

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

AccreditationCPD

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

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

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

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

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

Maheen Merchant

Speakers

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Heather L. Robertson
Union Counsel
Gerrand Rath Johnson

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

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

AccreditationCPD

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

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

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

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

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

David Mombourquette
Chairperson
New Brunswick Labour and Employment Board

Speakers

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

Dana F. Hooker
Employer counsel
DLA Piper

Brendan McCutchen
Union Counsel
Wright Henry LLP

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

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

AccreditationCPD

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

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

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

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

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

Michael Lomax
Mediator

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

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

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

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

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

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

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

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

Jeff Palamar
Arbitrator and Lawyer
Taylor McCaffrey

Speakers

Thelma Zindoga
Employer Counsel
Blake, Cassels & Graydon LLP

Balraj Dosanjh
Pensions Counsel
Cavalluzzo LLP

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

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

AccreditationCPD

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

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

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

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

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

Blaine Donais
Lawyer and Mediator
Workplace Fairness International

Alex Brat
Senior Executive Director, Labour Relations
University of Toronto

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

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

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

CPD

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

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

This program has been approved for Continuing Professional Development 8.5 hours per session under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).

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

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

Kristan McLeod
Union Counsel
Chivers Carpenter Lawyers

Laura Mensch
Employer Counsel
Borden Ladner Gervais LLP

Karen Scott
Arbitrator

Conference Advisory Committee

E. Wayne Benedict
Union Counsel
McGown Cook Barristers & Solicitors

James Casey
Arbitrator/Mediator Labour
Arbitration + Mediation

Stephanie Henry
Employer Counsel
Bennett Jones LLP

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

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

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

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

Ashton Butler
Employer Counsel
MLT Aikins

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

Sophie Purnell
Employee Counsel
Purnell Employment Law

Anne Wallace
Arbitrator/Mediator

Challenges often arise in accommodating employees with conditions that cannot be identified by a clear diagnostic test or that are not yet well-understood within the medical community. In this session, expert panelists will examine key legal principles and best practices for accommodating employees with these conditions. Speakers will address:

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

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

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

Chris S. Monfette
Employer Counsel
Neuman Thompson

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

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

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

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

Shelly Bischoff
Founder & Director
Ptolemy & Associates Inc.

Monica Bokenfohr
Employer Counsel
Neuman Thompson

Cherie Langlois-Klassen
Union Counsel
Blair Chahley Klassen

Dr. Perry Sirota
Clinical & Forensic Psychologist
Sirota Psychological Services

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

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

Workshop Schedule

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

Workshop: 9:10 a.m. – 10:25 a.m. M.T.

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

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

Lunch: 11:55 a.m. – 1:05 p.m. M.T.

Workshop: 1:05 p.m. – 2:20 p.m. M.T.

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

Workshop: 2:35 p.m – 4:00 p.m M.T.

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

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

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

Ritu Khullar
The Honourable Chief Justice Ritu Khullar

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

Wilson Chan
Employer Counsel
Mathews Dinsdale & Clark LLP

Natalia Makuch
Union Counsel
Chivers Carpenter Lawyers

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

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

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

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

Greg Francis
Arbitrator and Mediator

Maurice Dransfeld
Employer Counsel
McLennan Ross LLP

Dana Christianson
Union Lawyer
Seveny Scott Lawyers

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

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

Panelists will also discuss recent legislative initiatives, such as:

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

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

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

Melissa Luhtanen
Senior Legal Counsel
Alberta Human Rights Commission

Kelly Nicholson
Employer Counsel
Field Law

Dan Scott
Partner
Seveny Scott

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

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

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

Kait Carey
Lawyer and Workplace Investigator
Southern Butler Price

Ella Henry
Counsel
Canadian Union of Public Employees (CUPE)

Jackie Laviolette
Employer Counsel
Matthews Dinsdale & Clark LLP

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

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

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

Alison Adam
Employer Counsel
McLennan Ross LLP

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

David Mercer
Union Counsel
Nickerson Roberts Holinski & Mercer

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

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

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

Dan Bokenfohr
Employer Counsel
McLennan Ross LLP

Gordon Nekolaichuk
Vice-Chair
Alberta Labour Relations Board

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

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

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

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

Jake Axelrod
Union Counsel
Nugent Law Office

April Kosten
Employer Counsel
Dentons

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

Tonie Minhas
Project Manager, Neuroinclusion Services
AUTICON

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

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

CPDConference CPD

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

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

Workshop CPD

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

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

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

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

Speakers

Sebastien Anderson
Union Counsel
Labour Rights Law

Meg Atkinson
Union Counsel
Kastner Ko LLP

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

Stephanie Ramsay
Employer Counsel
Matthews Dinsdale

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

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

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

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

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

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

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

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

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

Heather Ann McConnell
Arbitrator/Mediator

Speakers

Mike Hamata
Employer Counsel
Roper Greyell

Alison McEwen
Union Counsel
Ravenlaw

Parm Sandhar
Bargaining Representative
Hospital Employees’ Union (HEU)

Sundeep Gokhale
Employer Counsel
Sherrard Kuzz

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

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

AccreditationCPD

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

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

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

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

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

Jennifer Wootton
Lawyer & Workplace Investigator

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

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

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

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

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

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