Lancaster House

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

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

Program Faculty

Holly McEwan
Union Counsel
Nugent Law

Laura Mensch
Employer Counsel
BLG

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

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

CPD

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

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

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

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

Amy Bradbury
Employer Counsel
Wickwire Holm

John McLuckie
Union Counsel
Jewitt McLuckie & Associates LLP

Speakers

Hossein Moghtaderi
Employer Counsel
Filion Wakely Thorup Angeletti

Dawid Cieloszczyk
Union Counsel
Koskie Glavin Gordon

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

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

AccreditationCPD

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

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

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

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

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

Devyn Cousineau
Vice-Chair, Case Management and Assignments
BCHRT

Speakers

Sharan Basran
Senior Executive of Legal and Counsel
Ontario Nurses Association

Kiersten Amos
Employer Counsel
McInnes Cooper

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

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

AccreditationCPD

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

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

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

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

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

Bruce Curran
Associate Professor, Faculty of LawUniversity of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Jillian Houlihan
Union CounselPink Larkin

Colin Johnston
Mediator/Arbitrator

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

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

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

Dionne Pohler
Associate Professor, University of Saskatchewan

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

Jennifer Wootton
Lawyer & Workplace Investigator

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

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

Who should attend?

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

2023 Fall Schedule†The fall 2023 session of the Labour Relations Certificate Program will comprise of 8 sessions over 8 weeks, and will take place on Tuesdays from 12:30 p.m. to 4 p.m. ET.
†More detailed information coming soon.
Sample Agenda
The agenda below is for a previous offering of the program, however, content of the upcoming session will be substantially the same.
Labour Relations Certificate CPD

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

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

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

Cathy Knapp
Arbitrator/Mediator

Speakers

Meghan Burton
Organization Development Advisor
Mental Health Commission of Canada

Jack Brathwaite
Employer Counsel
Weaver Simmons

Sandy Donaldson
Legal Counsel
Ontario Nurses’ Association

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

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

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

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

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

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

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

Virtual Health & Safety Conference
2023-09-28 12:30 - 16:15 (America/New_York) | Virtual Event
Conference Co-Chairs

Loretta Bouwmeester
Employer Counsel
Mathews, Dinsdale & Clark LLP

Wade Poziomka
Union Counsel
Ross & McBride

Conference Advisory Committee

Kevin Kelloway
Canada Research Chair in Occupational Health Psychology
Saint Mary’s University

Kelly Kwon
Associate Director, Employee Health and Wellness
Sheridan College

Thursday, September 28, 2023Opening remarks: 12:30 p.m. – 12:35 p.m. ET
Panel 1: Annual Check-Up: Experts examine key cases and legislative developments - 12:35 p.m. – 1:35 p.m. ET
Annual Check-Up: Experts examine key cases and legislative developments

Jamie Jurczak
Employer Counsel
Taylor McCaffrey LLP

David Law
Employer Counsel
Law at Work

Malini Vijaykumar
Union Counsel
Nelligan Law

Dawid Cieloszczyk
Union Counsel
Koskie Glavin Gordon

Daniel Randazzo
Mediator and Arbitrator

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

What lessons can be learned from recent COVID-19 decisions? What broader principles may be discerned for implementing health and safety policies likely to withstand scrutiny on judicial or arbitral review? For example: When are disciplinary consequences for failing to follow health and safety policies appropriate or enforceable? Where a given measure is intended to protect an individual from personal harm at work, where is the line to be drawn between legitimate rules and paternalistic or overreaching policies?
How should workplace parties respond where an employee’s rights conflict with workplace health and safety requirements? For example: Where the employee has a disability which may impact their ability to perform work that is safety-sensitive? Where the employee argues that their religious beliefs prevent them from complying with a policy?
When can employers require employees in safety-sensitive positions to undergo an independent medical examination or post-incident testing where substance abuse is suspected?
What constitutes an adequate investigation into workplace harassment under occupational health and safety legislation? Can an employee dispute the choice of investigator? What steps must be taken upon completion of the investigation?
What are notable trends in recent sentencing decisions for workplace health and safety violations? What key legislative developments have been implemented cross-country in the past year of note for occupational health and safety practitioners?

Topics will be finalized in the weeks prior to the conference, ensuring up-to-date coverage of the latest developments.
Keynote: Walking the Talk in Employee Health and Wellness - 1:35 p.m. – 1:55 p.m. ET
Walking the Talk in Employee Health and Wellness

Jane Storrie
Clinical Neuropsychologist
SVA

Employers have been paying increasing attention to mental health and wellness across many sectors. While this interest often leads to changes in policy and even the establishment of specialized units, departments, or designated staffing, it remains the case that resource allotment, program planning, implementation, and measures of efficacy are sorely lacking. In this presentation, we will explore issues underlying the successful provision of wellness services and supports, and how they can be remedied.
Break: 1:55 p.m. – 2:05 p.m. ET
Panel 2: Substance Use in the Workplace: Responding to the expanding spectrum of risks - 2:05 p.m. – 3:05 p.m. ET

Shelly Bischoff
Founder and Director
Ptolemy & Associates Inc.

Ryan Conlin
Employer Counsel
Stringer LLP

Matt Hiltz
Executive Director and Chief Negotiator
New Brunswick Nurses Union

Substance use in the workplace can pose health and safety risks that can be managed through collaboration between employers, employees, and unions. In this panel, experts will explore emerging trends and best practices to assess substance use in the workplace. The following questions will be discussed:

What steps can an employer take to proactively monitor substance use in the workplace, particularly during breaks? What does recent caselaw suggest about an employer’s limits on ordering drug and alcohol testing, and independent medical examinations?

How can an employer identify whether substance use is occurring in its workplace? What are methods of addressing substance use dependence for employees who will not actively seek help through standard workplace policies?
What are best practices in reviewing and evaluating the effectiveness of workplace substance use policies? How can an employer assess whether its current policies are effective in reducing substance abuse, identifying employees with substance use issues, and addressing associated risks?
In recent years, has there been an increased frequency of workplace harassment or violence resulting from substance use? How can workplace parties mitigate the risk of trauma for employees who respond to a substance use-related crisis in the workplace?
For workplaces that must now have naloxone kits on-site, what strategies can employers use to incorporate naloxone kits into their emergency response planning? What training and support should be in place for employees who may have to use these kits? How are workplaces in other jurisdictions managing the impact of the nationwide opioid crisis?
To what extent should the decriminalization of certain drugs impact an employer’s policies when it comes to managing substance abuse and substance use disorders in the workplace? Will access to previously illicit drugs significantly affect the safety of the workplace?

Break: 3:05 p.m. – 3:15 p.m. ET
Panel 3 and Closing Remarks: Caution, Tech Ahead: The impact of technology and AI on workplace safety - 3:15 p.m. – 4:15 p.m. ET
Caution, Tech Ahead: The impact of technology and AI on workplace safety

Dr. Arif Jetha
Scientist
Institute for Work & Health

Alanna Mihalj
Legal Counsel
Amalgamated Transit Union, Local 113

Alissa Demerse
Employer Counsel
Roper Greyell

In this session, experts will explore potential risks of emerging technologies on employee health and safety and discuss how workplaces can best address these risks. Specifically, panelists will consider:

What provisions should be included in policies or collective agreements to address the impact of emerging technologies on employee health and safety?
In what ways can electronic monitoring affect employee well-being? What limitations have been implemented or imposed on workplace electronic monitoring?
How has employee health and safety been impacted by the following:
Remote and hybrid workplaces?
Location tracking?
Automation?
Generative AI?
How have arbitrators tailored the award of damages to the impacts of technology on employee health and safety?
How can workplaces balance employee privacy with safety and productivity concerns while leveraging the benefits of new and efficient technologies?

Conference CPD

This program has been approved for 3.2 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.

This program has been approved by CPHR BC & Yukon for 3.2 Continuing Professional Development hours.

This program has been approved by CPHR Alberta for 3.2 Continuing Professional Development hours.

This program has been approved by the Law Society of British Colombia for 3.2 Continuing Professional Development hours.
This program has been approved by the Law Society of Saskatchewan for 3.25 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider counting this program for 3.2 Continuing Professional Development hours.
Members of the Law Society of New Brunswick may consider this program for 3.2 Continuing Professional Development hours.

Truth and Reconciliation at Work: Affirming Indigenous identity and promoting cultural safety in the workplace
2023-09-28 12:30 - 14:00 UTC | Virtual Event
Moderator

Karen Snowshoe
ArbitratorSnowshoe Law

Speakers

Dorothy Christian
Associate Director, Indigenous Policy & Pedagogy
Simon Fraser University

Veronica Rossos
Employer Counsel
Miller Thompson

Shelley Saje Ricci
Indigenous Educator
Consultant
Social Activist
BA (Sociology)
MBA Candidate 2024

Developing a safe and healthy workplace for all includes taking active steps towards reconciliation. During this webinar, leading experts will discuss issues at the core of reconciliation in the workplace. Questions to be discussed include:

How can workplaces best approach the confirmation of an employee’s Indigeneity to ensure equity-related benefits, programs, and provisions to which Indigenous employees have access are not misused by non-Indigenous employees, especially when there is no official verification such as a status card?
How can bereavement leave better encompass notions of family as understood in Indigenous family structures? What language can be incorporated into collective agreements to provide for leaves that reflect Indigenous cultures?
Why is the duty to inquire of particular importance when it comes to responding to workplace incidents or concerns that relate to Indigenous employees? How can workplaces incorporate Indigenous practices and teachings in responding to workplace incidents, and what value does this bring?
How can employers incorporate Indigenous cultural training into their health and safety programs? What is the importance of learning about Indigenous worldview practices and governing systems? Why is this training essential for the psychological wellbeing of Indigenous peoples?
What are examples of language used in collective agreements and employer policies that alienate Indigenous employees? How can employers and unions ensure they are not utilizing such language?
In what instances should provision be made for an Indigenous support person be included in meetings with an Indigenous employee? What is the value of having an Indigenous support person?
How can workplaces develop Indigenized hiring and retention practices?

AccreditationCPD

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

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

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

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

Additional InformationNOTICE: This webinar is LIVE only – no recordings will be available to download following the session.
REGISTRATION FEE
Live webinar – $100
(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.

Hot Topics in University and College Labour Law: Academic freedom, privacy, discipline, harassment, contract terms and Charter challenges
2023-09-26 12:30 - 14:00 UTC | Virtual Event
Moderator

Ken Stuebing
Union Counsel
Caley Wray

Shana French
Employer Counsel
Sherrard Kuzz

Speakers

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Carolyn Janusz
Union Counsel
Victory Square

In this webinar, seasoned experts will address the latest developments in university and college labour law. Panelists will examine key recent cases and legislative updates, and address topics including:

How have courts and arbitrators balanced issues of free speech and academic freedom against the need for colleges and universities to ensure integrity in academia and protect their reputations and student wellbeing?
To what degree do professors and instructors have a reasonable expectation of privacy in the contents of their work-related devices?
What aspects of COVID-19 policies have been found to render the policies reasonable or unreasonable in the college and/or university context? How have arbitrators approached the exercise of management rights by academic employers during the pandemic? What lessons may be learned for future viral threats or similarly disruptive events?
What trends in discipline and damages are discernible in cases of discrimination and harassment perpetrated by employees of colleges and universities? To what degree have changing societal norms and the academic context impacted outcomes in these decisions?
What guiding principles have arbitrators drawn upon in interpreting collective agreement terms in the post-secondary context? How has a “plain language” approach guided the analysis? To what degree will “extrinsic” evidence be considered?
What do recent decisions from Manitoba, Nova Scotia, and Ontario suggest regarding the government’s ability to intervene in collective bargaining in the educational sector?
With several provinces enacting legislation restricting the use of non-disclosure agreements (including legislation in Ontario targeting post-secondary institutions), should colleges and universities consider ceasing use of non-disclosure agreements?

AccreditationCPD

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

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

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

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

The Sobering Realities of Workplace Impairment: Identifying causes, addressing risks, providing accommodation
2023-09-12 12:30 - 14:00 UTC | Virtual Event
Moderator

Anne Wallace
Arbitrator/Mediator

Speakers

Michael Fisher
Union CounselRaven Law

April Kosten
Employer CounselDentons

Shawna Meister
Associate Director, Innovation and Evidence in Practice
Canadian Centre on Substance use and Addiction

Impairment in the workplace can create serious health and safety risks for employees. This webinar will provide employers, unions, and employees with the tools and resources necessary to ensure that the workplace is safe from the consequences of impairment. Panelists will examine the causes of impairment, best practices around identifying impairment in employees, the roles of employers and unions in mitigating the risks of impairment, and appropriate accommodations. The following questions will be discussed:

What are common causes of impairment? Should impairment related to substance use be treated differently from impairment caused by other factors, such as sleep deprivation or personal circumstances?
What obligations do union representatives have if they have knowledge that a member may have substance use issues that can cause impairment? What if the potential for impairment is caused by issues unrelated to substance use, e.g., sleep deprivation?
When are employees required to disclose factors stemming from their personal lives which may cause impairment on the job? To what information are employers entitled? Does the union have a role in this disclosure process?
What are best practices for employers and union representatives in approaching an employee who exhibits signs of impairment? What are effective strategies to combat stigma and encourage affected employees to seek help?
In general, what is the scope of the duty to accommodate an employee with a disorder which could potentially cause impairment? To what extent will an employer be required to accommodate an employee who fails to disclose or denies having an impairment issue? What is the role of the union in the accommodation process?
What are some examples of measures that can be put in place to accommodate employees in these circumstances? Are there objective measures that can be considered when assessing whether individual employees are able to safely perform their respective jobs?
Can an employer require an employee to engage in treatment for a disorder as part of the accommodation process? Can an employer enforce monitoring mechanisms? What are some examples of treatment or monitoring mechanisms that have been found to be excessively intrusive or in violation of privacy 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.
This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.
Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
Members of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.

Collective Bargaining Skills: Intensive training for employers and unions
2023-08-28 - 2023-08-29 | U of T Bahen Centre, 40 St. George Street, Toronto, Canada, M5S 2E4, Canada
In association with:Program Leader
Bob Thompson
Adjunct Professor
University of Toronto
Centre for Industrial Relations and Human Resources
Program Faculty

Reg Pearson
Mediator

ProgramNegotiation is taught in business schools and law schools the world over, but collective bargaining is a unique species of negotiation that requires specialized knowledge and experience. The Centre for Industrial Relations and Human Resources at the University of Toronto is one of the few academic institutions to incorporate specialized education in collective bargaining into a professional degree program. Now, in partnership with Lancaster House, the CIRHR is extending the opportunity to benefit from this training to all labour relations professionals, lawyers, bargaining committee members, and union executives and staff.
Through interactive skill-building exercises, participants will learn to:

Participate effectively as a member of a union or management bargaining committee
Use interest-based bargaining techniques to create win-win outcomes
Meet the legal obligation to bargain in good faith
Learn techniques to draw out the interests underlying the other side’s bargaining position
Handle conflict in negotiations with professionalism
Make the best use of a mediator

Who will benefit most from this program?

Professionals working in unionized workplaces familiar with collective bargaining (e.g., from previous training or observation) but who have not taken a leading role in negotiating collective agreements.
Examples include: Bargaining committee members who are relatively new to their role; Junior labour lawyers; Graduates of the Lancaster House–Toronto Metropolitan University Labour Relations Certificate Program

CPD

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

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

Lancaster's Workplace Essentials: Tackling progressive discipline issues
2023-08-15 12:30 - 14:00 UTC | Virtual Event
Moderators

Keith Burkhardt
Employer Counsel
Sherrard Kuzz

Jessica Greenwood
Union Counsel
Ravenlaw

Speakers

Odessa O’Dell
Employer Counsel
Borden Ladner Gervais

Wally Fiander
Executive Staff Officer – Member Services
Nova Scotia Teachers Union

In this instalment of Lancaster’s Workplace Essentials webinar series, expert panelists will examine recent caselaw and key principles relating to progressive discipline. Topics to be addressed include:

What is the distinction between job coaching and training, performance management, and discipline? When may non-disciplinary approaches be appropriate to improve employee behaviour?
Is it necessary to apply a “progressive” approach to discipline in all cases? When are employers justified in imposing more serious consequences at first instance?
Can the progressive discipline process be “bypassed” by relying on language to that effect in a contract, collective agreement, or policy? For example:

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

What is the doctrine of “culminating incident”? When may an employer rely on earlier misconduct by an employee in support of more serious disciplinary consequences for subsequent misdeeds? How may a “sunset clause” impact this analysis?
What consequences can flow from a court’s or arbitrator’s finding that an employer improperly failed to apply a progressive approach to discipline?
How can employers and unions collaborate to develop progressive discipline processes that are both fair and effective in deterring employee misconduct?

AccreditationCPD

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

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

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

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

Treating Toxic Workplaces: Recognizing and repairing poisoned work environments
2023-08-01 12:30 - 14:00 UTC | Virtual Event
Moderator

Madeleine Loewenberg
Lawyer, Investigator and Mediator

Speakers

Michael MacLellan
Employer Counsel
CCPartners

Jamie Burnet
Union Counsel
Pink Larkin

Poisoned work environments can harm employee wellbeing, decimate productivity, drive valuable employees to seek alternative employment, and expose employers to potential liabilities. In this panel, experts will examine employer and union responsibilities in identifying and repairing poisoned workplaces. Specifically, panelists will address:

What constitutes a poisoned work environment? How does workplace culture shape a poisonous work environment?
What steps should unions and employers take in response to employee allegations of a poisoned workplace?
What restorative actions can employers and unions take in response to allegations of a poisoned work environment in a virtual or hybrid setting?
When have adjudicators awarded damages to employees of a poisoned workplace?
What key terms should be included in workplace harassment policies?

What measures can employers and unions implement to ensure a safe and respectful workplace?

AccreditationCPD

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

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

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

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

Working with Episodic Disabilities: Using the latest tools
2023-07-18 12:30 - 14:00 UTC | Virtual Event
Moderator

Jonathan Chapnick
Lawyer, Adjudicator, and Investigator
Portage Legal Services

Speakers

Sarah Coderre
Employer Counsel
Bow River Law

Randy Slepchik
Union Counsel
Jewitt McLuckie

Monique Gignac
Scientific Director & Senior Scientist; Privacy Officer
Institute for Work & Health
Project Director Accommodating and Communicating about Episodic Disabilities (ACED)

Employees with episodic disabilities may face challenges in maintaining consistent attendance and productivity, even when they are otherwise model employees. Unions and employers must support employees in overcoming challenges, gaining access to equal opportunities, and performing effectively. In this panel, experts will discuss the duties of employers and unions in accommodating episodic disabilities. Specifically, panelists will discuss:

How might an employee’s episodic disability affect workplace behaviour and productivity?
Can an employer or union inquire into whether an employee’s atypical behaviour is related to an episodic disability?
When can an employer or union request access to an employee’s medical information? Can this access be requested on an ongoing basis? Do these requests raise concerns regarding employees’ privacy rights?
What are best practices in accommodating employees who require modified work?
What steps must unions take to satisfy their duty of fair representation of members with episodic disabilities?
When have adjudicators found that employers or unions have failed to properly accommodate employees with episodic disabilities?
What key terms should employers and unions include in workplace accommodation policies and agreements?

AccreditationCPD

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

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

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

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

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Breaking the Silence: Addressing the men's mental health crisis at work
2023-07-04 12:30 - 14:00 UTC | Virtual Event
Moderators

Jana Linner
Employer Counsel
MLT Aikins

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

Speakers

Christina Kennedy
Legal Counsel
Newfoundland & Labrador Association of Public and Private Employees

Dr. John Oliffe
Canada Research Chair
Men’s Health Promotion
Professor
Men’s Health Research Program
University of British Columbia

Lisa Goodfellow
Employer Counsel
Miller Thomson”

Men’s mental health in the workplace is increasingly being recognized as a concern that is exacerbated by factors such as job pressures and stigmas surrounding mental health. In this panel, experts will examine the men’s mental health crisis in the workplace, discuss the employer’s and union’s duty to accommodate, and explore strategies to support employee wellbeing. Specifically, experts will discuss the following:

What do studies reveal about the decline of men’s mental health in the workplace? What are contributing factors to this decline?
What workplace threats affecting men’s mental health are within an employer’s or union’s control?

When can employers or unions inquire about an employee’s mental health? What do studies about men’s mental health suggest regarding the appropriate scope and manner of making requests for information?
What steps should employers or unions take where an employee fails to acknowledge a mental health condition or declines to provide the requested information? What reasons have studies suggested for men’s reluctance to disclose such information?
What key mental health and employee wellbeing provisions should be included in policies and collective agreements?
What proactive steps can unions and employers take to reduce men’s mental health stigmas and provide an environment where employees feel they can seek support?

AccreditationCPD
Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.
Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Safe Spaces: Accommodating transgender and gender-diverse employees
2023-06-29 12:30 - 14:00 UTC | Virtual Event
Moderators

Anne Gregory
Legal Counsel
Manitoba Nurses Union

Fae Johnstone
Executive Director
Wisdom2Action

Speakers

Tyler Boggs
Union Counsel
Cavalluzzo

Bonny Mak
Employer Counsel
Fasken

Marni Panas
Senior Manager, Diversity, Equity and Inclusion
ATCO

Creating a safe and healthy work environment for all employees is a vital employer obligation. For transgender and gender-diverse employees, a safe and healthy workplace is one that fosters inclusive policies, protects employee privacy, and provides appropriate accommodations. In this webinar, experts will explain the ways in which employers, unions, and employees can collaborate to create an inclusive workplace for all. The following questions will be discussed:

What is gender identity and gender expression? What does it mean to be transgender? What does it mean to be gender-non-conforming? What are common workplace issues that transgender and gender-diverse employees may experience?
When may a transgender or gender-diverse employee require an accommodation? When do employers have a duty to accommodate? What role, if any, does the employee have in the accommodation process? What is the union’s role in the accommodation process?
What strategies can employers use to incorporate inclusive policies and hiring practices for transgender and gender-diverse employees? What role does the union have in developing or monitoring inclusive workplace policies? What unique provisions should employers and unions consider when determining benefits policies and administration of benefits?
How can employers and unions support transitioning employees who request special assistance or accommodations? What are best practices when creating a workplace support plan for an employee who is transitioning?
What privacy concerns are triggered when it comes to an employee’s gender-diverse status information? How can employers and unions ensure that information about gender identity and transition is private and protected? Under what circumstances can gender identity status information, or information pertaining to an employee’s transition, be disclosed and to whom? What are best practices if disclosure is necessary?
What steps should employers and unions take to protect gender-diverse employees from harassment in the workplace?
What role does diversity training on gender identity and gender expression have in creating a trans-inclusive workplace? What are relevant national and international examples of diversity training of this nature?

AccreditationCPD
Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.
Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Calgary Labour Arbitration and Policy Conference
2023-06-26 - 2023-06-27 | The Westin Calgary, 320 4 Avenue Southwest, Calgary, Alberta, T2P 2S6, Canada
Sponsored by:Conference Co-Chairs

Kelly Williams-Whitt
Arbitrator/Mediator and Dean
Faculty of Business and Communication Studies Mount Royal University

Wilson Chan
Employer Counsel
Mathews Dinsdale

Bill Rigutto
Union Rep
AUPE

Conference Advisory Committee

Nancy Schlesinger
Chair and Essential Services Commissioner,
Alberta Labour Relations Board

Daniel Shapiro
Arbitrator and Mediator

Kristan McLeod
Union Counsel, Chivers Carpenter

Karen Scott
Seveny Scott, Partner

Laura Mensch
Partner, BLG

Wes Scheuerman
Senior Labour Relations Advisor, Alberta Health Services

Monday, June 26, 2023Pre-Conference Workshop Schedule
Breakfast and Registration
8:00 a.m. – 9:00 a.m. MT

Introductory Remarks
9:00 a.m. – 9:10 a.m. MT
Session 1
9:10 a.m. – 10:25 a.m. MT
Break
10:25 a.m. – 10:40 a.m. MT
Session 2
10:40 a.m. – 11:55 a.m. MT
Lunch
11:55 a.m. – 1:05 p.m. MT
Session 3
1:05 p.m. – 2:20 p.m. MT
Break
2:20 p.m. – 2:35 p.m. MT
Session 4 and closing remarks
2:35 p.m. – 4:00 p.m. MT

*Workshops sold separately from stand-alone conference.
Pre-Conference Workshops (Choice Of 1 Of 3)
Difficult Accommodations: Responding to denial, defensiveness, and personality disorders - 9:00 a.m. – 4:00 p.m. MT
Difficult Accommodations: Responding to denial, defensiveness, and personality disorders

Melissa Luhtanen
Senior Legal Counsel
Alberta Human Rights Commission

Dotun Ogunfowora
Registered Psychologist
Insight Psychological & Renew Psychology

Tom Duke
Employer Counsel
Miller Thomson LLP

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

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
Identify when the threshold of undue hardship is reached

Before and After the Investigation: Preventing conflict, restoring relationships - 9:00 a.m. – 4:00 p.m. MT
Before and After the Investigation: Preventing conflict, restoring relationships

Bruce Graham
Employer Counsel
Fasken

Paulette DeKelver
Mediator
DeKelver Dispute Resolution

Ella Henry
Legal & Legislative Representative
Canadian Union of Public Employees

When it comes to workplace investigations, prevention is often better than cure. Developing workplace policies and procedures that promote informal resolution methods may minimize an employer’s need to launch a formal investigation. Where circumstances demand a formal investigation, however, workplace parties play a critical role in subsequent restoration efforts.
In this skills-based session, participants will develop a comprehensive understanding of the following:

Documenting workplace incidents and engaging in progressive discipline to manage interpersonal conflict
Implementing trauma-informed strategies for addressing allegations of discrimination or harassment in the workplace
Developing respectful workplace policies, anti-harassment policies, and anti-discrimination policies, and adequately monitoring these policies for effectiveness
Resolving workplace conflict through informal resolution methods such as mediation, coaching, or management intervention, before launching a formal investigation
Restorative processes that repair workplace culture after a formal investigation occurs
Providing sensitivity training to workplace parties to improve working relationships

Impairment at Work: Identifying causes, addressing risks, providing accommodation - 9:00 a.m. – 4:00 p.m. MT
Impairment at Work: Identifying causes, addressing risks, providing accommodation

Leanne Young
Arbitrator
Resolve ADR

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

Will Cascadden
Employer Counsel
Gowling WLG

Karlan Modeste
Legal Counsel
British Columbia Teachers’ Federation

Employers, employees, and unions are responsible for addressing impairment in the workplace. Navigating what constitutes impairment, recognizing substance abuse, and developing effective workplace policies and procedures for addressing impairment can present numerous complexities. This session is designed as a step-by-step guide to help parties collaborate in developing policies, procedures, and substance use accommodations that ensure a safe and healthy workplace.
Legal and technical experts will guide participants through an interactive, engaging session. Participants will leave this session with an understanding of key issues, including the following:

What constitutes impairment
How to identify the causes and symptoms of impairment
What to consider in determining whether an employee has a substance use disorder
How employers and unions should handle the risks of impairment
How to develop workplace policies and procedures that address impairment
When and how employers should provide accommodation for substance use disorders, and the union’s role in the accommodation process
Whether employers can mandate treatment, and employee obligations to seek treatment

ConferenceCocktail Networking Reception - 5:00 p.m. – 7:00 p.m. MT
Check back soon for details
Evening Plenary: Asset or Adversary? The role of artificial intelligence in labour relations - 7:00 p.m. – 9:00 p.m. MT

James Casey
Arbitrator
Field Law

Randy Goebel
Computer Science Professor
University of Alberta

Vicki Giles
Employer Counsel
McLennan Ross

Thomas Hesse
President
UFCW Local 401

Less than six months after the public launch of ChatGPT, artificial intelligence (AI) is making a big splash in labour relations. Thousands of striking television and movie writers are demanding that restrictions on the use of AI be included in their new contract. While fears about automation killing jobs are nothing new, current iterations of AI are raising concerns about white collar work and about the processes of labour and employment relations themselves. Join a panel of experts to explore the impact AI will have on labour relations in the near future including:

Will human resources professionals be helped by AI or replaced by it?

Will union representatives be helped, hindered, or replaced by AI?

What are the potential uses and abuses of “algorithmic management,” which is defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment?

What role will AI play in key labour relations processes, such as arbitration, collective agreement interpretation, and negotiation of collective agreements?

How, if at all, should unions and employers use collective bargaining to address the potential impact of AI on jobs? In what sectors would collective agreement language addressing AI be most important?

Tuesday, June 27, 2023Breakfast: 8:00 a.m. – 8:45 a.m. MT
Plenary 1: Notable and Newsworthy: Major caselaw and legislative developments - 8:45 a.m. – 10:00 a.m. MT
Notable and Newsworthy: Major caselaw and legislative developments

Gordon Nekolaichuk
Vice-Chair
Alberta Labour Relations Board

Jean Torrens
Employer Counsel
MLT Aikins

Clayton Cook
Union Counsel
McGown Cook

This session will cover major caselaw and legislative updates from Alberta and across Canada. Experts will provide summaries and insight into the latest and most noteworthy cases, while also discussing general trends. Topics to be covered include remote work, substance abuse and drug testing, privacy and surveillance, discipline, harassment, discrimination, and accommodation. Legislative updates will include both provincial and federal developments. Final selection of topics takes place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments.
Break: 10:00 a.m. – 10:15 a.m. MT
Plenary 2: Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 10:15 a.m. – 11:20 a.m. MT
Beliefs and Boundaries: Reconciling employee free speech and employer concerns

Cheryl Yingst Bartel
Arbitrator/Mediator
Yingst Bartel ADR Inc.

Laura Dunnigan
Employer Counsel
Mathews Dinsdale & Clarke LLP

Tim Nessim
Labour Relations Officer
United Nurses of Alberta

Is it appropriate for workplaces to monitor and impose disciplinary action on employees for off-duty and online behavior? Can policies that govern off-duty conduct be justified by the need to promote a respectful workplace? In this panel, experts will explore employer and union responsibilities in ensuring appropriate employee conduct, both inside and outside the workplace. Specifically, panelists will address:

Can an employer impose restrictions on off-duty conduct, expression, and political activity? Is the nature of the workplace relevant?
What is the threshold for determining whether an employee’s off-duty conduct has a sufficient connection to the workplace? When does an employee’s right to express personal opinions outside the workplace become a legitimate concern for an employer?
In what circumstances, if any, is it appropriate for an employer to monitor an employee’s social media accounts? Must an employer hold a reasonable suspicion of misconduct to institute monitoring?
What disciplinary measures have arbitrators deemed appropriate for off-duty misconduct?
What key provisions should workplace policies and collective agreements contain to address inappropriate off-duty conduct?

Break: 11:20 a.m. – 11:35 a.m. MT
Concurrent Session – Block 1
Pick 1 of 3: 11:35 a.m. – 12:35 p.m. MT
Concurrent Session 1: Breaking the Impasse: Key issues in interest arbitration
Breaking the Impasse: Key issues in interest arbitration

Kristan McLeod
Managing Partner
Chivers Carpenter

Tim Mitchell
Employer Counsel
McLennan Ross

Mark Asbell
Arbitrator, Mediator, and Adjudicator
Asbell Dispute Resolutions

In this session, seasoned experts will address key issues in interest arbitration, lending insight into perennial principles, providing practical guidance on procedural issues, and examining trends in recent arbitration awards. Panelists will address questions including:

What principles and criteria will interest arbitrators consider in crafting an award? What do recent cases suggest about how arbitrators will apply the principles of replication, demonstrated need, and total compensation?
Under what circumstances will the Alberta Labour Relations Board order first contract arbitration? How have amendments to the Labour Relations Code resulting from Bill 32, the Restoring Balance in Alberta’s Workplaces Act, affected the threshold for intervention?
What authority does the Alberta Labour Relations Board have when parties with a prior collective agreement are unable to reach a subsequent agreement through collective bargaining? When can the Board order parties to engage in interest arbitration? Is the analysis different if the parties provide essential services?
In recent awards, how have concerns such as inflation, the employer’s ability to pay, and recruitment and retention issues impacted the determination of whether wage adjustments were warranted?
What are the advantages and disadvantages of med-arb, arb-med, or final offer selection, and when may such approaches be appropriate?

Concurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations
The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations

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

Jackie Laviolette
Employer Counsel
Matthews Dinsdale & Clarke

Adam Cembrowski
Union Counsel
Nugent Law

Throughout the pandemic, arbitrators, courts, and workplace parties have grappled with the challenge of applying established labour relations principles in the face of unprecedented circumstances. In this session, expert panelists will reflect on lessons learned from this tumultuous time, critically evaluating recent cases and exploring best practices for the future. Questions to be addressed include:

What guidance do cases decided in the COVID-19 context provide regarding when courts and arbitrators will uphold precautionary and safety-based workplace measures such as mandatory vaccination? What measures can employers take when employees refuse vaccination? What measures are beyond permissible bounds?
As COVID-19 case counts decline, will mandatory workplace vaccination policies continue to be upheld? Must employers review their policies, and if so, what processes should they follow?
How have courts and arbitrators applied the Supreme Court of Canada test in Syndicat Northcrest v. Anselem when assessing religious accommodations in the workplace during COVID-19? How are religious beliefs distinguished from political beliefs, and how is the sincerity of those beliefs assessed?
What do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?
With many workplaces having shifted to a remote or hybrid model during the pandemic, can employers now require employees to return to work?
How, if at all, did COVID-19 exacerbate, ameliorate, or expose existing workplace inequities?
What “gaps” in workplace policies and collective agreements have been revealed during the pandemic? What steps should workplace parties now be taking to prepare for potential future pandemics or similarly disruptive events?

Concurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?
Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?

Monica Bokenfohr
Employer Counsel
Neuman Thompson

Maryna McTague
Union Counsel
Seveny Scott

Erika Ringseis
Senior Legal Counsel
Inhaus Legal

Advances in technology and the dramatic shift to remote work due to COVID-19 have given rise to a significant interest in digital surveillance of employees. Meanwhile, privacy legislation has remained largely static. In an era of big data and artificial intelligence, are existing privacy laws up to the task of balancing employers’ interests in productivity and efficiency and employees’ interests in autonomy and a private life? In this session, leading experts will tackle this question as well as the following:

What constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?

How do the privacy rights of job applicants differ from the rights of existing employees? Under current laws, would an employer be permitted to use software to construct a personality profile of job applicants based on their internet activity?

Do current interpretations of the reasonableness requirement appropriately balance employer interests in managing work and employee privacy rights? Do new technologies, or new uses of technologies, threaten the established balance?

Is the use of algorithmic management, in which algorithms make important employment decisions based on extensive data on employees at work, a privacy issue or a management rights issue?

How much say do unions and their members currently have in what employee information employers collect and how it is used? How do collective agreement provisions address this issue? Is the status quo in need of change? If so, why and how?

Are conceptions of privacy held by most employees at odds with those held by employers and/or those that underlie privacy legislation? If so, is this a problem? If it is, how should it be remedied?

Lunch: 12:35 p.m. – 1:45 p.m. MT
Concurrent Session – Block 2
Pick 1 of 3: 1:45 p.m. – 2:45 p.m. MT
Concurrent Session 1: Breaking the Impasse: Key issues in interest arbitration
Breaking the Impasse: Key issues in interest arbitration

Kristan McLeod
Managing Partner
Chivers Carpenter

Tim Mitchell
Employer Counsel
McLennan Ross

Mark Asbell
Arbitrator, Mediator, and Adjudicator
Asbell Dispute Resolutions

In this session, seasoned experts will address key issues in interest arbitration, lending insight into perennial principles, providing practical guidance on procedural issues, and examining trends in recent arbitration awards. Panelists will address questions including:

What principles and criteria will interest arbitrators consider in crafting an award? What do recent cases suggest about how arbitrators will apply the principles of replication, demonstrated need, and total compensation?
Under what circumstances will the Alberta Labour Relations Board order first contract arbitration? How have amendments to the Labour Relations Code resulting from Bill 32, the Restoring Balance in Alberta’s Workplaces Act, affected the threshold for intervention?
What authority does the Alberta Labour Relations Board have when parties with a prior collective agreement are unable to reach a subsequent agreement through collective bargaining? When can the Board order parties to engage in interest arbitration? Is the analysis different if the parties provide essential services?
In recent awards, how have concerns such as inflation, the employer’s ability to pay, and recruitment and retention issues impacted the determination of whether wage adjustments were warranted?
What are the advantages and disadvantages of med-arb, arb-med, or final offer selection, and when may such approaches be appropriate?

Concurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations
The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations

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

Jackie Laviolette
Employer Counsel
Matthews Dinsdale & Clarke

Adam Cembrowski
Union Counsel
Nugent Law

Throughout the pandemic, arbitrators, courts, and workplace parties have grappled with the challenge of applying established labour relations principles in the face of unprecedented circumstances. In this session, expert panelists will reflect on lessons learned from this tumultuous time, critically evaluating recent cases and exploring best practices for the future. Questions to be addressed include:

What guidance do cases decided in the COVID-19 context provide regarding when courts and arbitrators will uphold precautionary and safety-based workplace measures such as mandatory vaccination? What measures can employers take when employees refuse vaccination? What measures are beyond permissible bounds?
As COVID-19 case counts decline, will mandatory workplace vaccination policies continue to be upheld? Must employers review their policies, and if so, what processes should they follow?
How have courts and arbitrators applied the Supreme Court of Canada test in Syndicat Northcrest v. Anselem when assessing religious accommodations in the workplace during COVID-19? How are religious beliefs distinguished from political beliefs, and how is the sincerity of those beliefs assessed?
What do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?
With many workplaces having shifted to a remote or hybrid model during the pandemic, can employers now require employees to return to work?
How, if at all, did COVID-19 exacerbate, ameliorate, or expose existing workplace inequities?
What “gaps” in workplace policies and collective agreements have been revealed during the pandemic? What steps should workplace parties now be taking to prepare for potential future pandemics or similarly disruptive events?

Concurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?
Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?

Monica Bokenfohr
Employer Counsel
Neuman Thompson

Maryna McTague
Union Counsel
Seveny Scott

Erika Ringseis
Senior Legal Counsel
Inhaus Legal

Advances in technology and the dramatic shift to remote work due to COVID-19 have given rise to a significant interest in digital surveillance of employees. Meanwhile, privacy legislation has remained largely static. In an era of big data and artificial intelligence, are existing privacy laws up to the task of balancing employers’ interests in productivity and efficiency and employees’ interests in autonomy and a private life? In this session, leading experts will tackle this question as well as the following:

What constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?

How do the privacy rights of job applicants differ from the rights of existing employees? Under current laws, would an employer be permitted to use software to construct a personality profile of job applicants based on their internet activity?

Do current interpretations of the reasonableness requirement appropriately balance employer interests in managing work and employee privacy rights? Do new technologies, or new uses of technologies, threaten the established balance?

Is the use of algorithmic management, in which algorithms make important employment decisions based on extensive data on employees at work, a privacy issue or a management rights issue?

How much say do unions and their members currently have in what employee information employers collect and how it is used? How do collective agreement provisions address this issue? Is the status quo in need of change? If so, why and how?

Are conceptions of privacy held by most employees at odds with those held by employers and/or those that underlie privacy legislation? If so, is this a problem? If it is, how should it be remedied?

Break: 2:45 p.m. – 3:00 p.m. MT
Plenary 3: Potholes on the Road to Justice: Addressing delay, abuse of process, and undue legalization in arbitration - 3:00 p.m. – 4:15 p.m. MT
Potholes on the Road to Justice: Addressing delay, abuse of process, and undue legalization in arbitration

Bruce Moffatt
Executive Director
Mediation Services, Alberta Government

Robert S. Abells
Arbitrator

Erin Ludwig
Associate General Counsel, Labour and Employment
Alberta Health Services

Karen Thibault
Union Counsel, Disuptes and Arbitrations
AUPE

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

What common bottlenecks do parties encounter in the arbitral process? How can labour practitioners eliminate unnecessary delays?
Does the growing legalism of arbitration undermine its unique advantages, or is it necessary to ensure procedural protections for parties?
What options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives?
Should workplace parties consider creating unique expedited arbitration systems akin to the dispute resolution model between Canadian Railways and their unions?
Can parties reduce arbitration timelines by participating in a virtual format? Is there room to automate arbitration processes by using artificial intelligence?
How are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?
What enhancements could be implemented to improve arbitration processes and outcomes?

End of Conference: 4:15 p.m. MT
Conference CPD

This program has been approved by CPHR Alberta for 7.35 Continuing Professional Development hours.

This program has been approved by CPHR BC & Yukon for 7.35 Continuing Professional Development hours.
This program has been approved by the Law Society of Saskatchewan for 7.5 Continuing Professional Development hours.
This program has been approved by the Law Society of British Colombia for 7.35 Continuing Professional Development hours.

Workshop CPD

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

The Pre-Conference workshops have been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.
The Pre-Conference workshops have been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development hours.
The Pre-Conference workshops have been approved by the Law Society of British Colombia for 5.5 Continuing Professional Development hours.

Fairness in Firing: Examining recent principles and rising damages in bad faith terminations
2023-06-22 12:30 - 14:00 UTC | Virtual Event
Moderators

Mark Hart
Arbitrator & Mediator

Speakers

Alissa Goldberg
Employee Counsel
KBA Partners

Isabelle Keeler
Employer counsel
Cox and Palmer

IssuesDecisions from across Canada reflect developments in how courts assess and interpret termination clauses, the duty to mitigate, damages, reasonable notice periods, and human rights violations. In this webinar, experts discuss caselaw from across the country, addressing the following questions:

How have courts in Ontario applied the ONCA’s decision in Waksdale v. Swegon North America Inc. as it pertains to the enforceability of termination clauses in employment contracts? What lessons can employers take from Waksdale‘s recent application in other Ontario decisions? How have other provinces approached the enforceability of termination clauses?

How have courts assessed reasonable notice periods? How has the impact of the COVID-19 pandemic on reasonable notice periods evolved in the last three years?

Does certain employee conduct warrant termination? In what circumstances have courts upheld termination in recent cases?

What considerations do courts make when it comes to an employee’s duty to mitigate damages?

What is “quiet firing”? Can employers be held liable for “quiet firing”?

Does recent caselaw suggest a trend towards granting awards of punitive or aggravated damages in situations where employers do not act in good faith, or where employers fail to meet statutory obligations during termination?

What policies, procedures, or practices can employers adopt to ensure they are meeting the duty of good faith and fair dealing when it comes to terminations?

AccreditationCPD

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

This program has been approved by CPHR 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.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Balancing Employee Privacy and Employer Access to Personal Information: Who gets to know what and when?
2023-06-15 09:30 - 11:00 (America/Denver) | Virtual Event
Moderator

Scott Steiner
Mediator and Arbitrator
ADR Chambers

Speakers

Leanne Monsma
Employer Counsel
Fasken

Kelly Nicholson
Privacy Officer
Field Law

oline Twiss
Deputy Commissioner and Deputy Registrar
OIPC

IssuesWhat is the proper balance between safeguarding privacy and providing access to relevant information? In this Western-Canada- focused webinar, experts will examine employer access to personal information, discuss legislation and proposed amendments, and review recent caselaw. Specifically, panelists will address:

What laws govern employee privacy and employer access to information? What legislative amendments have been proposed? Do these amendments adequately address protection of privacy while ensuring relevant parties can access essential information?

How does distinguishing “employee personal information” in Alberta and British Columbia privacy statutes from “personal information” in other types of statutes affect workplace privacy rights?

In the case of employee illness, what specific personal information can be requested by an employer, and how frequently?

Are there any restrictions on an employer’s right to access, analyze, or use information that is not shared with employees, such as information obtained through surveillance measures (e.g., keystroke monitoring, time tracking software, and GPS tracking)?

Can employers access, retain, or use employee information for purposes other than the limited purpose (e.g., ensuring workplace safety) for which that information was obtained?

Are there restrictions on employees’’ right to access information about themselves in the employer’’s possession?

In what circumstances have adjudicators held that employee information was accessed, used, or disclosed improperly?

What key issues should employers and unions address in policies or collective agreements governing privacy and access to information?

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

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions, New Brunswick
2023-06-15 09:00 - 16:00 (America/Sao_Paulo) | Saint John Hilton, Kennebecasis 1 & 2, 1 Market Square, Saint John, NB, E2L 4Z6, Canada
Speakers

Kelly VanBuskirk
Adjunct Professor,
University of New Brunswick

Workplace investigations, whether they are probing complaints of workplace harassment or other forms of workplace misconduct, require processes that are fair and effective. Procedural errors can be costly, resulting in irreparable harm to employees and reputational harm to employers.
Participants will leave this interactive session ready to:

Identify the necessary steps in an investigation

Decide who should lead the investigation, and whether an external investigator is required

Determine the appropriate mandate and scope of the investigation

Make sure investigations comply with applicable law

Ensure procedural fairness

Manage uncooperative and absent witnesses

Assess credibility and evidence

Address issues of confidentiality and privilege

Review comprehensive investigation reports

In order to avoid both the financial and human toll of inadequate investigations, it is important that human resources professionals, members of management, and union representatives become familiar with the essential elements of thorough, balanced, and effective workplace investigations.
Please contact customerservice@lancasterhouse.com for more details
CPD

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

Opening Doors: Ensuring equity, diversity, and inclusion in hiring, promotion, and retention
2023-06-06 12:30 - 14:00 UTC | Virtual Event
Moderators

Edith Bramwell
Chairperson Federal Public Sector Labour Relations and Employment Board

Speakers

Alex Ognibene
Employer counsel
Fasken

Natasha Aruliah
Consultant
JEDDI (Justice, Equity, Decolonising, Diversity and Inclusion) Specialist

Aubrey Gonsalves
Diversity Vice-President CUPE National

IssuesCritical issues remain regarding policies and procedures aimed at ensuring equity, diversity, and inclusion in hiring, promotion, and retention. In this webinar, experts consider these issues by addressing the following questions:

What lessons can be learned from recent cases where employees have alleged discriminatory promotion practices? How can employers ensure fair and transparent promotion practices?

How do unconscious biases impact recruitment? How can employers address implicit biases and stereotypes in their recruitment practices?

How does the gender wage gap continue to influence the recruitment of women across different industries? How can employers and unions address the gender wage gap in their employment policies?

What are best practices when it comes to hiring Indigenous workers? What role can unions play in ensuring equitable opportunities for the promotion of Indigenous workers?

What considerations should employers take into account in seeking to recruit from distinct age groups? How can employers integrate generational differences into the workplace culture to promote inclusion when retaining employees?

How can employers and unions address language barriers in their recruitment policies? How can employers foster a culture of inclusion in the workplace that takes language barriers into consideration?

What role can unions play in ensuring equity when it comes to hiring, promoting, and retaining employees? What are examples of equity-focused policies and practices that unions across Canada have developed?

AccreditationCPD

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

This program has been approved by CPHR 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.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions, Manitoba
2023-06-06 09:00 - 16:00 (America/New_York) | RBC Center, Millennium Suite, Second Floor, 375 York Avenue, Winnipeg, MB, R3C 3J3, Canada
Speakers

Cindy Lazar
Lawyer and Workplace Investigator
Taylor McCaffrey

Dayna Steinfeld
Union Counsel
Raven Law LLP

Nicole Smith
Management Counsel
Pitblado Law

Workplace investigations, whether they are probing complaints of workplace harassment or other forms of workplace misconduct, require processes that are fair and effective. Procedural errors can be costly, resulting in irreparable harm to employees and reputational harm to employers.
Participants will leave this interactive session ready to:

Identify the necessary steps in an investigation

Decide who should lead the investigation, and whether an external investigator is required

Determine the appropriate mandate and scope of the investigation

Make sure investigations comply with applicable law

Ensure procedural fairness

Manage uncooperative and absent witnesses

Assess credibility and evidence

Address issues of confidentiality and privilege

Review comprehensive investigation reports

In order to avoid both the financial and human toll of inadequate investigations, it is important that human resources professionals, members of management, and union representatives become familiar with the essential elements of thorough, balanced, and effective workplace investigations.
Please contact customerservice@lancasterhouse.com for more details
CPD

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

Interest Arbitration in Essential Services: Experts discuss key cases and critical concepts
2023-06-01 12:30 - 14:00 UTC | Virtual Event
Moderator

Chris Albertyn
Arbitrator/Mediator

Speakers

Jeffrey Sack, K.C.
President
Lancaster House

Thomas Roper
Founding Partner
Roper Greyell

Interest Arbitration ProgramIn this session, seasoned experts will address key issues in interest arbitration, examining trends in recent arbitration awards. Panelists will address questions including:

When is government imposition of interest arbitration a violation of the Charter of Rights and when is it a requirement?
In what circumstances is essential services legislation compliant with the Charter and in what circumstances is it not?
How far can governments go in limiting selection of arbitrators and their arbitral discretion?
What are the pros and cons of med-arb, arb-med, and tripartite arbitration?
What do recent cases suggest about how arbitrators will apply the principles of replication, demonstrated need, and total compensation?
In recent awards, how have concerns such as inflation, the employer’s ability to pay, and recruitment and retention issues impacted the determination of wage adjustments?
How have arbitrators dealt with substantive issues such as staffing? Contracting out? Health and safety concerns? Procedural issues such as late demands and interim orders? Evidentiary issues such as admissibility of proposals and packages exchanged during negotiations?
In what circumstances will the Labour Relations Board order first contract arbitration? How does legislation affect the threshold for intervention? Are the criteria applied by arbitrators in first contract arbitration different from those applied in arbitrating contract renewal disputes?

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

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for additional information.

Dealing with Highly Sensitive Personal Information: Documenting and accommodating mental health disabilities
2023-05-23 12:30 - 14:00 UTC | Virtual Event
Moderator

Cathy Knapp
Arbitrator/Mediator

Speakers

Meghan Burton
Organization Development Advisor
Mental Health Commission of Canada

Meg Atkinson
Union Counsel
Kastner Lam LLP

Danny Parker
Employer Counsel
Filion Wakely Thorup Angeletti LLP

IssuesObtaining information to accommodate an employee’s mental health disabilities can pose challenges for employers and unions. In this webinar, experts will examine recent caselaw relating to documenting and accommodating mental health disabilities, addressing questions such as:

Is a medical diagnosis of a mental health disability required for an employee to fall within the protection of human rights legislation? Can an employer require “objective evidence” of a mental illness beyond self-reported symptoms?

What information can an employer request in accommodating an employee’s mental health disability, granting a leave of absence, or facilitating return to work? How should an employer respond to cursory medical notes (such as: “Off work due to stress”)?

Is it reasonable for employers to be skeptical about diagnoses from an employee’s family physician, as opposed to a mental health practitioner? When will an employer be justified in seeking a specialist’s report or an independent medical examination? What approach should employers and unions adopt where there may be a lengthy waiting period before an employee can see a specialist or where there is no specialist available?

How can employers and unions effectively and respectfully request information from employees with mental health conditions? In requesting a specialist’s report or independent medical examination, must the impact of further assessment on the employee’s mental health be considered?

Where an employee with a disclosed mental health disability remains in the workplace, is an employer entitled to request ongoing information regarding that employee’s mental health? Will further inquiries regarding mental health be considered discriminatory?

How should employers and unions respond where an employee fails or refuses to provide requested information? How may a mental health disability impact an employee’s ability to respond to these inquiries? Has increasing societal awareness of mental health matters resulted in an increased willingness on the part of employees to volunteer mental health information?

How should the employer and union communicate with an employee on sick leave related to a mental health disability, especially where the employee has claimed that ongoing communication may exacerbate his or her condition?

Once received, who should have access to an employee’s mental health information within an employer’s organization or within a union? To what degree are employers and unions entitled to share information with each other, or with employers? If co-workers raise questions or concerns about an accommodated employee, how can employers and/or unions address these without violating the employee’s privacy?

AccreditationCPD

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

This program has been approved by CPHR 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.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Atlantic Canada Labour Law Conference
2023-05-16 08:00 - 2023-05-18 15:45 (America/New_York) | Hotel Halifax, 1990 Barrington Street, Scotia Square, Halifax, Nova Scotia, B3J 1P2, Canada
Conference Co-Chairs

Judith Begley
Lawyer, Workplace Investigator, and Mediator
Begley Law

Andrew Nielsen
Union Counsel
Pink Larkin

Tara Erskine
Employer Counsel
Mathews, Dinsdale & Clark LLP

Conference Advisory Committee

Chris Peddigrew
Arbitrator/Mediator and Vice-Chairperson,
Newfoundland and Labrador Labour Relations Board

Tracey Pinder
Atlantic Regional Director
CUPE

Matt Hiltz
Executive Director and Chief Negotiatior
New Brunswick Nurses Union

Jessica Upshaw
Solicitor
Nova Scotia Power

Karen Milligan
HR Manager
Health PEI

Tuesday, May 16, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m. AT
Introductory remarks by Co-Chairs – 9:00 a.m. – 9:05 a.m. AT
Workshop - Medical Information in Accommodation and Adjudication: Practical guidance for employers and unions
Medical Information in Accommodation and Adjudication: Practical guidance for employers and unions

Jasmine Walsh
Chair
Nova Scotia Labour Board

Karen Joudrey
Instructor and Academic Coordinator Disability Management Certificate Program and the Department of
Occupational Therapy Dalhousie University

Dawn Learning
Atlantic Region Human Rights Representative
CUPE

Annie Gray
Employer Counsel
Stewart McKelvey

It is generally accepted that employers must request no more employee personal health information than is necessary for legitimate purposes such as administering sick leave or disability benefits, providing accommodation under human rights legislation, or ensuring workplace health and safety and/or an employee’s fitness to work. However, the application of this principle to specific cases generates endless controversy because employers, unions, employees, and healthcare providers often each have their own ideas of what is “reasonable.” This session is designed to provide a common framework that will enable workplace parties to balance employees’ privacy rights with employers’ needs for employee personal health information.
Guided by experienced counsel and a medical expert, participants will learn the legal framework governing the collection, use, and storage of employee personal health information, practical strategies for obtaining and reviewing information from health care professionals, and key principles regarding using medical information at arbitration. Participants will leave ready to:

assess the reasonableness of requests for employees’ personal health information;
evaluate the adequacy of information provided and respond appropriately to vague or deficient information;
approach employees/union members about needed information with sensitivity;
write requests that prompt timely, useful responses from health care providers and medical experts;
evaluate the appropriateness and utility of standardized medical information forms;
determine what type of information should be obtained from different health care professionals (e.g. general practitioners, medical specialists, psychologists, occupational therapists) and assess when specialist reports or independent medical examinations are necessary;
recognize when a health care professional is acting as an advocate or assuming an inappropriate role;
safeguard personal health information in compliance with legislation and in accordance with best practices; and;
use medical evidence effectively in the grievance and arbitration process

Wednesday, May 17, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m. AT
Introductory remarks by Co-Chairs – 9:00 a.m. – 9:05 a.m. AT
Panel 1 - The Latest in Labour: Experts address key cases and legislative developments 9:05 a.m. – 10:20 a.m. AT
The Latest in Labour: Experts address key cases and legislative developments

David Conway
Adjudicator, Arbitrator, Mediator and
Independent Counsel

Sandra Mullen
President Nova Scotia Government & General
Employees Union

James LeMesurier
Employer Counsel
Stewart McKelvey

In this panel, seasoned experts will canvass significant legal developments of the past year, discussing key cases, ongoing litigation, and legislative reforms. Topics to be addressed include issues of jurisdiction, workplace substance use policies, collective agreement issues, proof of vaccination and vaccine mandate issues, and human rights cases. Legislative updates from across the Atlantic provinces will also be discussed, including emergency leave, pay transparency, and union strike rules. Final selection of topics takes place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments.
Keynote - The Other Wet Floor: Psychological Occupational Risk in Helping Professions 10:20 a.m. - 10:40 a.m. AT
The Other Wet Floor: Psychological Occupational Risk in Helping Professions

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

Break 10:40 a.m. – 10:55 a.m. AT
Panel 2 -Recovering the Balance: Practical guidance on flexible work, the right to disconnect, and avoiding burnout 10:55 a.m. - 12:00 p.m. AT
Recovering the Balance: Practical guidance on flexible work, the right to disconnect, and avoiding burnout

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

Mary Fougere
National Staff Representative
CUPE

Emily McDonald
Lawyer and Consultant
HR Atlantic

Employers must consider their obligation to prevent mental health harms, including burnout, stress, and the consequences of working remotely. Questions to be discussed include:

How have adjudicators and courts in recent cases defined an employer’s responsibilities and an employee’s rights when it comes to workplace stress, burnout, and other contributors to mental health harms?
How can employers and unions identify and prevent organizational factors that cause mental health harms? What steps can be taken by employers, unions, and workers to address these factors?
How can employers, unions, and workers actively reduce the mental health harms that may be associated with remote work?
How should the “right to disconnect” be defined in corporate policies where such policies are required by legislation? How has it worked in jurisdictions where this right has been legislated? Is it a necessary tool for the well-being of employees?
Does the right to disconnect assist in preventing mental health harms to employees who are not working traditional 9-to-5 shift schedules?
Has remote work blurred the line between overwork and overtime? How can employers and unions ensure that there is a workable distinction?
In protecting and promoting workers’ mental health, including efforts to prevent and reduce stress and burnout in the workplace, what role is there for the National Standard of Canada for Psychological Health and Safety in the Workplace?

Lunch 12:00 p.m. – 1:00 p.m.
Panel 3 - Investigations under a Microscope: An examination of current best practices and recent developments 1:00 p.m. - 2:15 p.m. AT
Investigations under a Microscope: An examination of current best practices and recent developments

Krista Smith
Workplace Investigator Root and Branch

Ryan McCarville
Lawyer
McInnes Cooper

Ray Mitchell
Legal Counsel
International Union of Painters and Allied Trades
District Council 39

Workplace investigators often grapple with issues of bias, fact-finding, and confidentiality that may emerge during an investigation. In this session, experts will discuss important developments in this area, in addition to practices and policies that safeguard fair and effective investigations:

Considering the need to preserve a fair, adequate, and effective investigation process, what lessons can be drawn from recent cases about the proper scope of an employer’s investigation?
What are the essential qualities or qualifications of a competent investigator? When should an external investigator be retained?
How do unconscious and implicit biases impact human rights investigations in the workplace? What can be done to avoid them?
How can investigators, in the fact-finding and report-writing process, address pervasive systemic discrimination in the workplace?
How does adopting a trauma-informed approach to conducting witness interviews affect an investigation?
What is the role of the union in an investigation? What are the limitations of union involvement?
What strategies can workplace parties implement to address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?
What are best practices for drafting investigation reports?
What are the crucial components of an anti-harassment policy? How can an organization adequately monitor its policies for effectiveness? What measures should an employer take when an allegation is not substantiated?

Break 2:15 p.m. – 2:30 p.m.
Panel 4 - Disabilities That Elude Diagnosis: Accommodating employees with Long COVID, Chronic Fatigue Syndrome, and other poorly understood conditions 2:30 p.m. - 3:45 p.m. AT
Disabilities That Elude Diagnosis: Accommodating employees with Long COVID, Chronic Fatigue Syndrome, and other poorly understood conditions

Dr. Alexis Goth
Physician
Integrated Chronic Care Service (ICCS)

Jillian Houlihan
Union Counsel
Pink Larkin

James Green
Employer Counsel
Cox and Palmer

Workplace parties are familiar with applying principles regarding the duty to accommodate in cases of visible disabilities, well-known conditions, or conditions for which there exists a clear diagnostic test. However, challenges often arise when an employee seeks accommodation for a condition that eludes diagnosis. In this session, experts will address questions such as:

What are common medical conditions that elude diagnosis or that are considered “diagnoses of exclusion”? Why does “Long COVID” fall within this list?
Is a definitive diagnosis, or “objective evidence,” necessary to establish an invisible disability? How should employers and unions respond where there is a lack of available medical practitioners with the requisite knowledge or experience to assess and attest to the condition?
How can employers and unions effectively formulate requests for medical information in cases where an employee’s condition cannot be confirmed using a clinician’s diagnostic test?
When sick leave abuse is a concern, how can an employer distinguish between employees who have genuine, difficult-to-diagnose disabilities, and employees who are malingering? When will an employer be justified in seeking further information, including a specialist’s report or an independent medical examination?
May an employer discipline or dismiss an employee who is frequently absent, underperforming, or exhibiting atypical workplace behaviours but who asserts that it is due to an as-yet undiagnosed disability? Does the fact that a disability is difficult to diagnose impact the assessment of whether the employer has accommodated the employee up to the point of undue hardship?
How do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?
Where an employee has a difficult-to-diagnose disability that manifests episodically, is an employer legally permitted to request medical information from the employee on a periodic or ongoing basis?
What types of accommodations may be of assistance to an employee suffering from persistent or chronic symptoms that may impact their ability to work? For example: What will help individuals coping with Long COVID? How can employers and unions cooperate to support such employees in the workplace?

Networking Reception 3:45 p.m. – 5:00 p.m. AT
Thursday, May 18, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m. AT
Introductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. AT
Panel 5 - Digital Dignity: Protecting privacy in an era of workplace surveillance 9:05 a.m. – 10:20 a.m. AT
Digital Dignity: Protecting privacy in an era of workplace surveillance

David Fraser
Privacy Lawyer and Partner
McInnes Cooper

Daniel Leger
Union Counsel
Pink Larkin

Erin Delaney
Solicitor
Department of Justice and Public SafetyGovernment of Newfoundland and Labrador

How can employers and unions ensure that workplace surveillance is reasonable and does not encroach on employees’ rights? In this panel, experts will discuss best practices in balancing employee privacy against the use of monitoring technologies in the workplace. Specifically, panelists will address:

What key items should employers and unions address in policies and collective agreement provisions governing privacy and surveillance?
What workplace surveillance is permitted under the Freedom of Information and Protection of Privacy Act?
Do proposed changes in the federal Digital Charter Implementation Act, 2022 (Bill C-27) adequately address the criticism that existing privacy legislation does not comprehensively respond to the availability of mass data collection on employees?
How have arbitral attitudes towards workplace privacy evolved in response to modern surveillance technologies?
What concerns do keystroke mapping technologies and other methods of surveillance pose for employees’ privacy and human rights?
What is the proper balance between a remote employee’s right to privacy in their home and an employer’s legitimate supervisory interests?
Can employees object to off-duty surveillance? If so, how should off-duty surveillance be addressed in policies and collective agreements?
What continuing practices should employers and unions apply to ensure that employee information is kept confidential and secure?

Break 10:20 a.m. – 10:35 a.m. AT
Panel 6 - Off-Duty, Off-Base? Balancing freedom of expression and the right to a respectful workplace 10:35 a.m. - 11:50 a.m. AT
Off-Duty, Off-Base? Balancing freedom of expression and the right to a respectful workplace

Lynne Poirier
Arbitrator, Mediator and Vice-chair Canada
Industrial Relations Board and Nova Scotia Labour Board

Kevin Kindred
Solicitor, the Department of Justice
Government of Nova Scotia

Leah Kutcher
In-House Counsel
Nova Scotia Teachers Union

Where should the line be drawn between safeguarding employee freedom of expression and ensuring a workplace free from harassment and inappropriate or offensive communications? Is it relevant if an employee’s off-duty conduct is offensive to co-workers? In this panel, experts will explore employer and union responsibilities in ensuring appropriate employee conduct, both inside and outside the workplace. Specifically, panelists will address:

What key provisions should be included in workplace policies and collective agreements to address inappropriate conduct? Can these provisions encompass off-duty conduct?
Are employers permitted to limit how employees represent themselves while off-duty? Is the nature of the business relevant?
Can employers or unions offer or require training regarding off-duty conduct?
Can employers ban workplace discussions on controversial or political topics in the workplace? If so, how would a topic be assessed as “political” or “controversial”?
What are the duties of unions when representing members facing consequences for expressing unpopular opinions in the workplace? Is the union’s duty any different if the member is being disciplined for expressions made outside the workplace?
Does an employee have any duty to report a controversial off-duty statement by another employee?
What are best practices for employers and unions to ensure that an employee’s Charter or Human Rights Act rights are supported while maintaining a workplace free from discrimination and harassment?

Lunch 11:50 a.m. – 1:00 p.m.
Panel 7 - Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent? 1:00 p.m. - 2:15 p.m. AT
Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?

Trisha Perry
Mediator/Vice-Chair
New Brunswick Workers Compensation Appeals Tribunal

James Farrell
Solicitor and Staff Representative
FFAW-Unifor

Kyle MacIsaac
Employer Counsel
Matthews Dinsdale

Rights and responsibilities differ when an employer is 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 this amounting to a formal warning or other 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? Where an employee does have a right to union representation, must an employer inform the employee of that right?
Do employees have a qualified 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, may those employees seek to protect themselves against self-incrimination?
hat 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, or unnecessarily delays the disciplinary process, 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 imposed?

Break 2:15 p.m. – 2:30 p.m.
Panel 8 - Is Virtual the New Reality? Debating the pros and cons of virtual labour relations 2:30 p.m. - 3:45 p.m. AT
Is Virtual the New Reality? Debating the pros and cons of virtual labour relations

Noella Martin
Employer Counsel
Wickwire Holm

Brenda Comeau
Union Counsel
Pink Larkin

Scott Sterns
Arbitrator and Mediator

Are virtual hearings a comparable substitute for in-person hearings? What is lost or gained when conducting hearings virtually?

a. Do virtual proceedings allow for more inclusivity and access to justice? If so, how?
b. Do virtual proceedings pose any concerns regarding credibility?
c. Can demeanor and body language be assessed virtually?
d. Have virtual proceedings reduced costs and delays?

How have parties adapted to bargaining virtually?
What steps should labour relations professionals take to ensure privacy and confidentiality is respected during virtual proceedings?
Do Canadian labour relations professionals have a “duty of technological competence” similar to duties imposed on American attorneys?
Are additional technological safeguards necessary for virtual discussions regarding personal health information or other confidential matters?
What steps should unions take to ensure that there is effective representation and cohesion among members who primarily communicate remotely?
How should virtual labour relations practices be addressed in workplace policies or collective agreements?

Conference ends – 3:45 p.m.
Conference CPD

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

Lancaster's Workplace Essentials: Issues in union representation
2023-05-09 12:30 - 14:00 UTC | Virtual Event
Moderators

Annie McKendy
Arbitrator, Mediator, and Investigator

Speakers

Mary Thibodeau
Union counsel
Moore Edgar Lyster LLP

Brandon Hillis
Employer Counsel
Roper Greyell

IssuesThe right to provide representation is a crucial component of a union’s obligation to its members. The right extends to workplace investigations, where union representatives play a crucial part in ensuring fairness. Employers, unions, and workers should be aware of the extent of the union’s right to provide representation during workplace investigations, and how it intersects with an employer’s obligations. In this webinar, leading experts will discuss the following:

Does an employee have a guaranteed right to union representation during a workplace investigation? At what stage in the investigation process is this right triggered? Does the right extend to witnesses, as well as the parties involved?

What are the essential elements of a union’s right to provide representation during a workplace investigation? What is the source and scope of this duty?

Can an employee insist on the presence of a union representative at a disciplinary meeting, even if there is no provision in the collective agreement allowing for a support person? Does this extend to non-disciplinary meetings which are part of a workplace investigation?

How is a union’s representation during a workplace investigation impacted when the parties and witnesses involved in a complaint are all members of the union? How can a union avoid a conflict of interest in these circumstances?

What are an employer’s obligations and responsibilities when it comes to a union’s right to provide representation during a workplace investigation?

What are the consequences if an employee is denied union representation? Is the discipline nullified, or can the statements given not be relied upon? What recourse do employees and/or unions have if they believe the union has not been allowed to exercise its right to give representation during a workplace investigation? Are there any limitations to this recourse? What are an employee’s and/or union’s responsibilities in these circumstances?

What policies and procedures can employers develop to ensure that the union is allowed to exercise its right to provide representation during workplace investigations?

AccreditationCPD

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

This program has been approved by CPHR 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.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions, British Columbia
2023-05-08 09:00 - 16:00 (America/Los_Angeles) | UBC Robson Square, HSBC Hall (C680), 800 Robson Street, Vancouver, BC, V7Z 3B7, Canada
Speakers

Jonathan Chapnick
Lawyer & Workplace Investigator
Portage Legal Services
Workshop Leader

Workplace investigations, whether they are probing complaints of workplace harassment or other forms of workplace misconduct, require processes that are fair and effective. Procedural errors can be costly, resulting in irreparable harm to employees and reputational harm to employers.
Participants will leave this interactive session ready to:

Identify the necessary steps in an investigation

Decide who should lead the investigation, and whether an external investigator is required

Determine the appropriate mandate and scope of the investigation

Make sure investigations comply with applicable law

Ensure procedural fairness

Manage uncooperative and absent witnesses

Assess credibility and evidence

Address issues of confidentiality and privilege

Review comprehensive investigation reports

In order to avoid both the financial and human toll of inadequate investigations, it is important that human resources professionals, members of management, and union representatives become familiar with the essential elements of thorough, balanced, and effective workplace investigations.
Please contact customerservice@lancasterhouse.com for more details
CPD

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

Disagreement, Conflict, or Harassment? Practical guidance on dealing with workplace disputes
2023-04-27 12:30 - 14:00 UTC | Virtual Event
Moderators

Yuki Matsuno
Mediator
Southern Butler Price LLP

Speakers

Christopher Perri
Union counsel
Cavalluzo

Meaghen Russell
Employer counsel
Dentons

IssuesDifferences in personalities, beliefs, and working styles are inevitable in workplaces and can often lead to workplace disputes. Effective conflict management practices are essential to prevent escalation of minor workplace disagreements and to address harmful conflict, harassment, and violence. In this session, expert speakers will provide practical guidance on these issues and address topics such as:

When do interpersonal disputes rise to the level of “bullying” or “harassment”? Do employers have a legal obligation to address incivility or interpersonal conflict that does not rise to this level? What impact will Canada’s recent ratification of the international Violence and Harassment Convention (C190) have on an employer’s legal obligations?

What organizational factors, if any, contribute to a higher incidence of workplace conflict? How should employers and unions identify whether those factors are present and what steps should be taken to improve the environment? With many workplaces moving to a hybrid or remote model, how can parties address workplace conflict in situations that may be harder to monitor, such as online chats?

What factors must be considered when dealing with conflict between an employee and supervisor, as opposed to a conflict between two employees? What is the role of the union when conflict arises between employees who are union members?

What are key components of an effective conflict management policy? For example: Can, and should, alternative dispute resolution practices be incorporated? What are these options, and will they satisfy the employer’s duty to address the conflict? Which key employees should be coached on communication, verbal de-escalation, or other conflict management techniques? What early intervention steps should be taken when conflict arises?

What role can a trauma-informed approach play in addressing workplace conflict? How can such an approach aid employers and unions in understanding why conflict has developed and how to effectively respond?

To what degree will the fact that the impugned conduct was in keeping with the workplace culture, or “condoned” by the employer, impact an arbitrator’s assessment? Have changing attitudes towards workplace culture and mental health impacted the analysis?

How can employers and unions ensure that stereotypes, unconscious bias, or lack of understanding do not lead to unfair or discriminatory conclusions when conflict arises?

Are all workplace disputes to be avoided? Can a culture of healthy disagreement foster psychological health and safety in the workplace?

AccreditationCPD

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

This program has been approved by CPHR 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.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(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
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions, Ontario
2023-04-26 09:00 - 16:00 UTC | The Conference Center at the University of Toronto, Terrace 3rd Floor, 89 Chestnut St, Toronto, ON, M5G 1R1, Canada
Speakers

Mireille Mortimer
Lawyer & Workplace Investigator
Mortimer Khoraych

Workplace investigations, whether they are probing complaints of workplace harassment or other forms of workplace misconduct, require processes that are fair and effective. Procedural errors can be costly, resulting in irreparable harm to employees and reputational harm to employers.
Participants will leave this interactive session ready to:

Identify the necessary steps in an investigation
Decide who should lead the investigation, and whether an external investigator is required
Determine the appropriate mandate and scope of the investigation
Make sure investigations comply with applicable law
Ensure procedural fairness
Manage uncooperative and absent witnesses
Assess credibility and evidence
Address issues of confidentiality and privilege
Review comprehensive investigation reports

In order to avoid both the financial and human toll of inadequate investigations, it is important that human resources professionals, members of management, and union representatives become familiar with the essential elements of thorough, balanced, and effective workplace investigations.
Please contact customerservice@lancasterhouse.com for more details
CPD

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

Labour Relations Certificate (Virtual Program)
2023-04-25 12:30 - 2023-05-18 16:00 (America/New_York) | Virtual Event
In association with:Upon completion of this program, participants will receive a certificate of completion and a digital credential from Toronto Metropolitan University.
Program Leader
Daphne Taras
Dean, Ted Rogers School
Toronto Metropolitan University
Program Faculty

Judith Allen
Arbitrator

Alex Brat
Executive Director, Labour Relations,University of Toronto

Bruce Curran
Associate Professor,Faculty of Law University of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Patricia D’Heureux
Union CounselCavalluzzo

Wassim Garzouzi
Union CounselRaven Law

Chantel Kassongo
Employer CounselNeuman Thompson

Kat Leonard
National RepresentativeUnifor

Avner Levin
Professor, Faculty of Law and Law & Business Department,Ted Rogers School of Management,Toronto Metropolitan University

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

Leanne Monsma
Employer CounselFasken Martineau DuMoulin LLP

Dionne Pohler
Associate Professor, University of Saskatchewan

Jim Stanford
Economist and DirectorCentre for Future Work

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

Jennifer Wootton
Lawyer & Workplace Investigator

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

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

Who should attend?

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

2023 Spring Schedule (12:30 – 4:00 p.m. ET)†

Week 1
Tuesday, April 25
Thursday, April 27

Week 2
Tuesday, May 2
Thursday, May 4

Week 3
Tuesday, May 9
Thursday, May 11

Week 4
Tuesday, May 16
Thursday, May 18

Labour Relations Certificate CPD

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

This program has been approved by CPHR Nova Scotia for 3.5 Continuing Professional Development hours per session.
This program has been approved by the Law Society of British Columbia for 3.5 Continuing Professional Development hours.

Ontario Micro Conference on Gender Equity (Virtual Event)
2023-04-19 09:00 - 12:35 (America/Toronto) | Virtual Event
Wednesday, April 19, 2023Introductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m.
Panel 1 - Paving the Path to Gender Equity: Exploring recent caselaw, contract clauses, and legislation 9:10 a.m. – 10:40 a.m. ET
Paving the Path to Gender Equity: Exploring recent caselaw, contract clauses, and legislation

Nicole Biros-Bolton
Associate (Human Rights Law)
Ross & McBride LLP

Anna Matas
Senior Lawyer,
Gillian Hnatiw & Co

Jan Borowy
Partner, Cavalluzzo

In this panel, experts will discuss caselaw addressing workplace harassment, discrimination, and pay equity, examine emerging trends in remedies, and explore significant legislative updates related to gender equity. Panelists will also canvass emerging contract language promoting workplace equity in the areas of sex, sexual orientation, gender identity and expression, and family status. Final selection of topics takes place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments. The speakers and materials for this session will address the following questions, among others:

How have adjudicators acknowledged sex- and gender-based barriers in recruitment, retention, and advancement? What aspects of hiring and promotion processes have weighed in favour of, or against, a finding of discrimination? What principles can be drawn from recent cases in which adjudicators found, or declined to find, that employer policies or actions had a discriminatory impact on employees because of pregnancy or family status?
What trends in discipline and remedies are discernible in recent caselaw addressing workplace sexual harassment and gender-based discrimination? What aggravating and mitigating factors have impacted adjudicators’ decisions?
How have courts and adjudicators applied the Ontario Pay Equity Act in recent cases? What principles can be drawn from the Court of Appeal’s decision in Ontario Nurses’ Association v. Participating Nursing Homes regarding the proxy method and the Divisional Court’s decision in Ontario Nurses’ Association v. 10 Community Care Access Centres holding that employers are not statutorily required to bargain pay equity?
Where the Ontario Pay Equity Act does not directly apply, what factors have influenced a determination of whether gender-based pay discrimination has occurred? For example: What factors were determinative in the Court of Appeal decision in Ontario (Health) v. Association of Ontario Midwives that upheld a finding of gender discrimination and a retroactive wage increase for Ontario midwives? On what basis did the court find in Ontario English Catholic Teachers Association v. His Majesty that Bill 124 did not violate Charter equality rights?
Has progress on closing the gender pay gap been made in Ontario? in Canada? Are recent cross-country legislative reforms — such as the introduction of the federal Pay Equity Act, the introduction of pay equity legislation in Newfoundland, and consultations regarding pay transparency measures in British Columbia — indicative of a growing commitment to pay equity?
What key legislative reforms have been introduced that are intended to further gender equity at work? For example: What are the implications of Canada’s recent ratification of the international Violence and Harassment Convention, 2019 (C190)? Is legislation such as the newly introduced U.S. Pregnant Workers’ Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act necessary in Canada? What amendments to the federal Employment Equity Act relating to gender and sexual orientation are being considered in the course of the legislation’s ongoing review?
How can employers and unions modify contract language to promote workplace equity in the areas of sex, sexual orientation, gender identity and expression, and family status? For example: What changes should be made to leave, benefits, training, recruitment, retention, and advancement provisions?
Does the recent certification of class action proceedings related to workplace sexual harassment and discrimination signal an increasing potential for success in pursuing these claims on a systemic scale?

Break 10:40 a.m. – 10:55 a.m. ET
Keynote Speaker 10:55 a.m. - 11:40 a.m. ET
Lessons from the past for the post #MeToo Workplace

Peggy Nash
Senior Advisor and Chair of the Advisory Committee of the Centre for Labour Management Relations at the Ted Rogers School of Management at TMU

In a post #MeToo and post “because it’s 2015” environment, we assume that workplaces are gender equal and respectful. Yet all too often we hear about continuing challenges with gender biases and outright harassment in the workplace. Ongoing problems in the RCMP capture headlines, but they are far from alone as institutions struggling to make progress. Women continue to drop out of jobs, giving up because they just don’t believe that they are valued or that they want to continue to push back against the barriers they face. While we have made significant progress, many organizations still struggle to find solutions. However, there are some lessons to be learned from workplaces that have been grappling with these issues for decades.Break 11:40 a.m. – 11:55 a.m.
Panel 2 - One Size Does Not Fit All: Fashioning non-discriminatory dress code policies 11:55 a.m. - 12:45 p.m. ET
One Size Does Not Fit All: Fashioning non-discriminatory dress code policies

David Jewitt
Arbitrator and Mediator

Niiti Simmonds
PartnerCavalluzzo

Megan Mah
PartnerWeirfoulds LLP

Employers are entitled to establish workplace dress codes in accordance with the operational needs of the organization. In doing so, however, employers must ensure that dress code policies comply with the Ontario Human Rights Code. In this panel, experts will examine the development of dress code policies in light of employees’ personal preferences and religious obligations, discussing the following:

What are best practices for employers when developing workplace dress code policies? What are best practices for employers and unions when addressing an employee’s non-compliance with dress code policies?
What recent human rights complaints have resulted from workplace dress code policies?
When developing dress code policies, what lessons can Canadian employers learn from employers in other jurisdictions?
What are best practices in crafting dress code policies that use gender-inclusive language? How have organizations incorporated gender-neutral and inclusive dress code policies into their workplaces?
What guidance has the Ontario Human Rights Commission issued for employers in industries which tend to have gender-specific or “sexualized” dress code policies?
When, if ever, can an employer ask an employee to remove religious attire to comply with a workplace health and safety policy? What are other aspects of dress code policies that may intersect with health and safety concerns?
To what extent can an employer dictate the grooming habits of its employees? In what circumstances, if any, can an employer restrict the use of make-up or jewelry, or the visibility of tattoos and body modifications, in the workplace?
What should employers consider when mandating dress code policies for remote workers?

End of Micro-Conference – 12:45 p.m.
Micro-Conference CPD

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

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

Members of the Law Society of New Brunswick may consider this program for 3.5 Continuing Professional Development hours.
Members of the Law Society of Ontario may consider counting this program for 3.5 substantive hours.
