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SUMMARY:The Sobering Realities of Workplace Impairment: Identifying causes\, addressing risks\, providing accommodation
DESCRIPTION:Moderator\n\n \nAnne Wallace\nArbitrator/Mediator \n\n\nSpeakers\n\n \nMichael Fisher\nUnion CounselRaven Law \n\n\n \nApril Kosten\nEmployer CounselDentons \n\n\n \nShawna Meister\nAssociate Director\, Innovation and Evidence in Practice \nCanadian Centre on Substance use and Addiction \n\n\nImpairment 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: \n\nWhat 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?\nWhat 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?\nWhen 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?\nWhat 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?\nIn 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?\nWhat 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?\nCan 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?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/the-sobering-realities-of-workplace-impairment-identifying-causes-addressing-risks-providing-accommodation/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/Impairment-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20230828
DTEND;VALUE=DATE:20230830
DTSTAMP:20260404T155053
CREATED:20230627T003651Z
LAST-MODIFIED:20230814T200937Z
UID:8934-1693180800-1693353599@lancasterhouse.com
SUMMARY:Collective Bargaining Skills: Intensive training for employers and unions
DESCRIPTION:In association with:Program Leader\nBob Thompson\nAdjunct Professor\nUniversity of Toronto\nCentre for Industrial Relations and Human Resources \nProgram Faculty\n\n \nReg Pearson\nMediator \n\n\nProgramNegotiation 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. \nThrough interactive skill-building exercises\, participants will learn to: \n\nParticipate effectively as a member of a union or management bargaining committee\n Use interest-based bargaining techniques to create win-win outcomes\nMeet the legal obligation to bargain in good faith\nLearn techniques to draw out the interests underlying the other side’s bargaining position\nHandle conflict in negotiations with professionalism\nMake the best use of a mediator\n\nWho will benefit most from this program? \n\nProfessionals 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.\nExamples 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\n\nCPD\n\n\nThis program has been approved by CPHR Alberta for 11 Continuing Professional Development hours.\n\n\n\n\n\nThis program has been approved for 11 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nThis program has been approved by CPHR Alberta for 11 Continuing Professional Development hours.\nThis program has been approved by the Law Society of British Colombia for 11 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 11 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 11 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider this program for 11 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/collective-bargaining-skills-intensive-training-for-employers-and-unions/
LOCATION:U of T Bahen Centre\, 40 St. George Street\, Toronto\, Canada\, M5S 2E4\, Canada
CATEGORIES:Professional Learning Program
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/2023/06/uoft-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230815T123000
DTEND;TZID=UTC:20230815T140000
DTSTAMP:20260404T155053
CREATED:20230518T200026Z
LAST-MODIFIED:20230808T132937Z
UID:8247-1692102600-1692108000@lancasterhouse.com
SUMMARY:Lancaster's Workplace Essentials: Tackling progressive discipline issues
DESCRIPTION:Moderators\n\n \nKeith Burkhardt\nEmployer Counsel\nSherrard Kuzz \n\n\n \nJessica Greenwood\nUnion Counsel\nRavenlaw \n\n\nSpeakers\n\n \nOdessa O’Dell\nEmployer Counsel\nBorden Ladner Gervais \n\n\n \nWally Fiander\nExecutive Staff Officer – Member Services\nNova Scotia Teachers Union \n\n\nIn 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: \n\nWhat is the distinction between job coaching and training\, performance management\, and discipline? When may non-disciplinary approaches be appropriate to improve employee behaviour?\nIs it necessary to apply a “progressive” approach to discipline in all cases? When are employers justified in imposing more serious consequences at first instance?\nCan the progressive discipline process be “bypassed” by relying on language to that effect in a contract\, collective agreement\, or policy? For example:\n\nWhere a “penalty provision” stipulates a severe consequence for a specific type of workplace misconduct?\nWhere the employer has a “zero tolerance” policy in place?\nWhere there is a “last chance” agreement in place?\n\n\nWhat 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?\nWhat consequences can flow from a court’s or arbitrator’s finding that an employer improperly failed to apply a progressive approach to discipline?\nHow can employers and unions collaborate to develop progressive discipline processes that are both fair and effective in deterring employee misconduct?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/lancasters-workplace-essentials-tackling-progressive-discipline-issues/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/stock/tackling-progressive-discipline.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230801T123000
DTEND;TZID=UTC:20230801T140000
DTSTAMP:20260404T155053
CREATED:20230518T195516Z
LAST-MODIFIED:20230803T135900Z
UID:8244-1690893000-1690898400@lancasterhouse.com
SUMMARY:Treating Toxic Workplaces: Recognizing and repairing poisoned work environments
DESCRIPTION:Moderator\n\n \nMadeleine Loewenberg\nLawyer\, Investigator and Mediator \n\n\nSpeakers\n\n \nMichael MacLellan\nEmployer Counsel\nCCPartners \n\n\n \nJamie Burnet\nUnion Counsel\nPink Larkin \n\n\nPoisoned 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: \n\nWhat constitutes a poisoned work environment? How does workplace culture shape a poisonous work environment?\nWhat steps should unions and employers take in response to employee allegations of a poisoned workplace?\nWhat restorative actions can employers and unions take in response to allegations of a poisoned work environment in a virtual or hybrid setting?\nWhen have adjudicators awarded damages to employees of a poisoned workplace?\nWhat key terms should be included in workplace harassment policies?\n\n\nWhat measures can employers and unions implement to ensure a safe and respectful workplace?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/treating-toxic-workplaces-recognizing-and-repairing-poisoned-work-environments/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/toxic-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230718T123000
DTEND;TZID=UTC:20230718T140000
DTSTAMP:20260404T155053
CREATED:20230518T195237Z
LAST-MODIFIED:20230712T220728Z
UID:8241-1689683400-1689688800@lancasterhouse.com
SUMMARY:Working with Episodic Disabilities: Using the latest tools
DESCRIPTION:Moderator\n\n \nJonathan Chapnick\nLawyer\, Adjudicator\, and Investigator \nPortage Legal Services \n\n\nSpeakers\n\n \nSarah Coderre\nEmployer Counsel\nBow River Law \n\n\n \nRandy Slepchik\nUnion Counsel\nJewitt McLuckie \n\n\n \nMonique Gignac\nScientific Director & Senior Scientist; Privacy Officer\nInstitute for Work & Health \nProject Director Accommodating and Communicating about Episodic Disabilities (ACED) \n\n\nEmployees 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: \n\nHow might an employee’s episodic disability affect workplace behaviour and productivity?\nCan an employer or union inquire into whether an employee’s atypical behaviour is related to an episodic disability?\nWhen 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?\nWhat are best practices in accommodating employees who require modified work?\nWhat steps must unions take to satisfy their duty of fair representation of members with episodic disabilities?\nWhen have adjudicators found that employers or unions have failed to properly accommodate employees with episodic disabilities?\nWhat key terms should employers and unions include in workplace accommodation policies and agreements?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\nMembers of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/working-with-episodic-disabilities-using-the-latest-tools/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/meeting-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230704T123000
DTEND;TZID=UTC:20230704T140000
DTSTAMP:20260404T155053
CREATED:20230518T194801Z
LAST-MODIFIED:20230622T212000Z
UID:8238-1688473800-1688479200@lancasterhouse.com
SUMMARY:Breaking the Silence: Addressing the men's mental health crisis at work
DESCRIPTION:Moderators\n\n \nJana Linner\nEmployer Counsel\nMLT Aikins \n\n\n \nDavid Yazbeck\nDirector\, National Labour Relations \nThe Professional Institute of the Public Service of Canada (PIPSC) \n\n\nSpeakers\n\n \nChristina Kennedy\nLegal Counsel\nNewfoundland & Labrador Association of Public and Private Employees \n\n\n \nDr. John Oliffe\nCanada Research Chair\nMen’s Health Promotion \nProfessor\nMen’s Health Research Program \nUniversity of British Columbia \n\n\n \nLisa Goodfellow\nEmployer Counsel\nMiller Thomson” \n\n\nMen’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: \n\nWhat do studies reveal about the decline of men’s mental health in the workplace? What are contributing factors to this decline?\nWhat workplace threats affecting men’s mental health are within an employer’s or union’s control?\n\n\nWhen 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?\nWhat 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?\nWhat key mental health and employee wellbeing provisions should be included in policies and collective agreements?\nWhat 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?\n\nAccreditationCPD\nLancaster House provides professional education programs that qualify for CPD credit for human resources professionals\, lawyers\, and paralegals across Canada. \nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/breaking-the-silence-addressing-the-mens-mental-health-crisis-at-work/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/MensMH-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230629T123000
DTEND;TZID=UTC:20230629T140000
DTSTAMP:20260404T155053
CREATED:20230518T194056Z
LAST-MODIFIED:20230615T230612Z
UID:8236-1688041800-1688047200@lancasterhouse.com
SUMMARY:Safe Spaces: Accommodating transgender and gender-diverse employees
DESCRIPTION:Moderators\n\n \nAnne Gregory\nLegal Counsel\nManitoba Nurses Union \n\n \nFae Johnstone\nExecutive Director\nWisdom2Action \n\n\nSpeakers\n\n \nTyler Boggs\nUnion Counsel\nCavalluzzo \n\n\n \nBonny Mak\nEmployer Counsel\nFasken \n\n\n \nMarni Panas\nSenior Manager\, Diversity\, Equity and Inclusion\nATCO \n\n\nCreating 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: \n\nWhat 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?\nWhen 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?\nWhat 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?\nHow 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?\nWhat 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?\nWhat steps should employers and unions take to protect gender-diverse employees from harassment in the workplace?\nWhat 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?\n\nAccreditationCPD\nLancaster House provides professional education programs that qualify for CPD credit for human resources professionals\, lawyers\, and paralegals across Canada. \nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/safe-spaces-accommodating-transgender-and-gender-diverse-employees/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/MHM-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20230626
DTEND;VALUE=DATE:20230628
DTSTAMP:20260404T155053
CREATED:20230322T225410Z
LAST-MODIFIED:20240723T155532Z
UID:6746-1687737600-1687910399@lancasterhouse.com
SUMMARY:Calgary Labour Arbitration and Policy Conference
DESCRIPTION:Sponsored by:Conference Co-Chairs\n\n \nKelly Williams-Whitt\nArbitrator/Mediator and Dean\nFaculty of Business and Communication Studies Mount Royal University \n\n\n \nWilson Chan\nEmployer Counsel\nMathews Dinsdale \n\n\n \nBill Rigutto\nUnion Rep\nAUPE \n\n\nConference Advisory Committee\n\n \nNancy Schlesinger\nChair and Essential Services Commissioner\,\nAlberta Labour Relations Board \n\n\n \nDaniel Shapiro\nArbitrator and Mediator \n\n\n \nKristan McLeod\nUnion Counsel\, Chivers Carpenter \n\n\n \nKaren Scott\nSeveny Scott\, Partner \n\n\n \nLaura Mensch\nPartner\, BLG \n\n\n \nWes Scheuerman\nSenior Labour Relations Advisor\, Alberta Health Services \n\n\nMonday\, June 26\, 2023Pre-Conference Workshop Schedule\nBreakfast and Registration\n8:00 a.m. – 9:00 a.m. MT \n\nIntroductory Remarks\n9:00 a.m. – 9:10 a.m. MT \nSession 1\n9:10 a.m. – 10:25 a.m. MT \nBreak\n10:25 a.m. – 10:40 a.m. MT \nSession 2\n10:40 a.m. – 11:55 a.m. MT \nLunch\n11:55 a.m. – 1:05 p.m. MT \nSession 3\n1:05 p.m. – 2:20 p.m. MT \nBreak\n2:20 p.m. – 2:35 p.m. MT \nSession 4 and closing remarks\n2:35 p.m. – 4:00 p.m. MT \n\n\n\n\n\n\n*Workshops sold separately from stand-alone conference. \nPre-Conference Workshops (Choice Of 1 Of 3)\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders - 9:00 a.m. – 4:00 p.m. MT\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n\n\n \nMelissa Luhtanen\nSenior Legal Counsel\nAlberta Human Rights Commission \n\n\n \nDotun Ogunfowora\nRegistered Psychologist\nInsight Psychological & Renew Psychology \n\n\n \nTom Duke\nEmployer Counsel\nMiller Thomson LLP \n\n\n \nDavid Lardner\nUnion Representative\, Disputes and Arbitration\nAlberta Union of Provincial Employees (AUPE) \n\n\nAccommodating 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. \nWorking through interactive exercises and realistic scenarios with the guidance of experts\, participants will develop the knowledge and skills necessary to: \n\nDevelop an understanding of how common disabilities may impede a worker’s ability to participate in the accommodation process\nDemonstrate effective communication skills when interacting with resistant or uncooperative employees\nUnderstand responsibilities surrounding the duty to inquire\, obtaining medical records\, and related privacy legislation\nComply with union and management legal obligations when workers are unwilling or unable to participate in the accommodation process\nIdentify when the threshold of undue hardship is reached\n\nBefore and After the Investigation: Preventing conflict\, restoring relationships - 9:00 a.m. – 4:00 p.m. MT\nBefore and After the Investigation: Preventing conflict\, restoring relationships\n\n\n \nBruce Graham\nEmployer Counsel\nFasken \n\n\n \nPaulette DeKelver\nMediator\nDeKelver Dispute Resolution \n\n\n \nElla Henry\nLegal & Legislative Representative\nCanadian Union of Public Employees \n\n\nWhen 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. \nIn this skills-based session\, participants will develop a comprehensive understanding of the following: \n\nDocumenting workplace incidents and engaging in progressive discipline to manage interpersonal conflict\nImplementing trauma-informed strategies for addressing allegations of discrimination or harassment in the workplace\nDeveloping respectful workplace policies\, anti-harassment policies\, and anti-discrimination policies\, and adequately monitoring these policies for effectiveness\nResolving workplace conflict through informal resolution methods such as mediation\, coaching\, or management intervention\, before launching a formal investigation\nRestorative processes that repair workplace culture after a formal investigation occurs\nProviding sensitivity training to workplace parties to improve working relationships\n\nImpairment at Work: Identifying causes\, addressing risks\, providing accommodation - 9:00 a.m. – 4:00 p.m. MT\nImpairment at Work: Identifying causes\, addressing risks\, providing accommodation\n\n\n \nLeanne Young\nArbitrator\nResolve ADR \n\n\n \nDr. Charl Els\nAddiction Psychiatrist\, Occupational Physician and Clinical Professor\nDepartment of Psychiatry/Department of Medicine\nUniversity of Alberta \n\n\n \nWill Cascadden\nEmployer Counsel\nGowling WLG \n\n\n \nKarlan Modeste\nLegal Counsel\nBritish Columbia Teachers’ Federation \n\n\nEmployers\, 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. \nLegal 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: \n\nWhat constitutes impairment\nHow to identify the causes and symptoms of impairment\nWhat to consider in determining whether an employee has a substance use disorder\nHow employers and unions should handle the risks of impairment\nHow to develop workplace policies and procedures that address impairment\nWhen and how employers should provide accommodation for substance use disorders\, and the union’s role in the accommodation process\nWhether employers can mandate treatment\, and employee obligations to seek treatment\n\nConferenceCocktail Networking Reception - 5:00 p.m. – 7:00 p.m. MT\nCheck back soon for details \nEvening Plenary: Asset or Adversary? The role of artificial intelligence in labour relations - 7:00 p.m. – 9:00 p.m. MT\n\n\n \nJames Casey\nArbitrator\nField Law \n\n\n \nRandy Goebel\nComputer Science Professor\nUniversity of Alberta \n\n\n \nVicki Giles\nEmployer Counsel\nMcLennan Ross \n\n\n \nThomas Hesse\nPresident\nUFCW Local 401 \n\n\nLess 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: \n\nWill human resources professionals be helped by AI or replaced by it?\n\n\nWill union representatives be helped\, hindered\, or replaced by AI?\n\n\nWhat 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?\n\n\nWhat role will AI play in key labour relations processes\, such as arbitration\, collective agreement interpretation\, and negotiation of collective agreements?\n\n\nHow\, 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?\n\nTuesday\, June 27\, 2023Breakfast: 8:00 a.m. – 8:45 a.m. MT \nPlenary 1: Notable and Newsworthy: Major caselaw and legislative developments - 8:45 a.m. – 10:00 a.m. MT\nNotable and Newsworthy: Major caselaw and legislative developments\n\n\n \nGordon Nekolaichuk\nVice-Chair\nAlberta Labour Relations Board \n\n\n \nJean Torrens\nEmployer Counsel\nMLT Aikins \n\n\n \nClayton Cook\nUnion Counsel\nMcGown Cook \n\n\nThis 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. \nBreak: 10:00 a.m. – 10:15 a.m. MT \nPlenary 2: Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 10:15 a.m. – 11:20 a.m. MT\nBeliefs and Boundaries: Reconciling employee free speech and employer concerns\n\n\n \nCheryl Yingst Bartel\nArbitrator/Mediator\nYingst Bartel ADR Inc. \n\n\n \nLaura Dunnigan\nEmployer Counsel\nMathews Dinsdale & Clarke LLP \n\n\n \nTim Nessim\nLabour Relations Officer\nUnited Nurses of Alberta \n\n\nIs 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: \n\nCan an employer impose restrictions on off-duty conduct\, expression\, and political activity? Is the nature of the workplace relevant?\nWhat 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?\nIn 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?\nWhat disciplinary measures have arbitrators deemed appropriate for off-duty misconduct?\nWhat key provisions should workplace policies and collective agreements contain to address inappropriate off-duty conduct?\n\nBreak: 11:20 a.m. – 11:35 a.m. MT \nConcurrent Session – Block 1\nPick 1 of 3: 11:35 a.m. – 12:35 p.m. MT \nConcurrent Session 1: Breaking the Impasse: Key issues in interest arbitration\nBreaking the Impasse: Key issues in interest arbitration\n\n\n \n Kristan McLeod \nManaging Partner\nChivers Carpenter \n\n\n \n Tim Mitchell \nEmployer Counsel\nMcLennan Ross \n\n\n \n Mark Asbell \nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\nIn 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: \n\nWhat 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?\nUnder 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?\nWhat 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?\nIn 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?\nWhat are the advantages and disadvantages of med-arb\, arb-med\, or final offer selection\, and when may such approaches be appropriate?\n\nConcurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations \nThe Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations\n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\nAlberta Human Rights Commission \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clarke \n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law \n\n\nThroughout 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: \n\nWhat 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?\nAs 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?\nHow 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?\nWhat do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?\nWith many workplaces having shifted to a remote or hybrid model during the pandemic\, can employers now require employees to return to work?\nHow\, if at all\, did COVID-19 exacerbate\, ameliorate\, or expose existing workplace inequities?\nWhat “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?\n\nConcurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring? \nDigital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?\n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\n \nErika Ringseis\nSenior Legal Counsel\nInhaus Legal \n\n\nAdvances 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: \n\nWhat constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?\n\n\nHow 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?\n\n\nDo 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?\n\n\nIs 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?\n\n\nHow 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?\n\n\nAre 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?\n\nLunch: 12:35 p.m. – 1:45 p.m. MT \nConcurrent Session – Block 2\nPick 1 of 3: 1:45 p.m. – 2:45 p.m. MT \nConcurrent Session 1: Breaking the Impasse: Key issues in interest arbitration\nBreaking the Impasse: Key issues in interest arbitration\n\n\n \n Kristan McLeod \nManaging Partner\nChivers Carpenter \n\n\n \n Tim Mitchell \nEmployer Counsel\nMcLennan Ross \n\n\n \n Mark Asbell \nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\nIn 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: \n\nWhat 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?\nUnder 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?\nWhat 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?\nIn 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?\nWhat are the advantages and disadvantages of med-arb\, arb-med\, or final offer selection\, and when may such approaches be appropriate?\n\nConcurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations \nThe Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations\n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\nAlberta Human Rights Commission \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clarke \n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law \n\n\nThroughout 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: \n\nWhat 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?\nAs 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?\nHow 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?\nWhat do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?\nWith many workplaces having shifted to a remote or hybrid model during the pandemic\, can employers now require employees to return to work?\nHow\, if at all\, did COVID-19 exacerbate\, ameliorate\, or expose existing workplace inequities?\nWhat “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?\n\nConcurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring? \nDigital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?\n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\n \nErika Ringseis\nSenior Legal Counsel\nInhaus Legal \n\n\nAdvances 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: \n\nWhat constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?\n\n\nHow 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?\n\n\nDo 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?\n\n\nIs 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?\n\n\nHow 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?\n\n\nAre 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?\n\nBreak: 2:45 p.m. – 3:00 p.m. MT \nPlenary 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\nPotholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration\n\n\n \nBruce Moffatt\nExecutive Director\nMediation Services\, Alberta Government \n\n\n \nRobert S. Abells\nArbitrator \n\n\n \nErin Ludwig\nAssociate General Counsel\, Labour and Employment\nAlberta Health Services \n\n\n \nKaren Thibault\nUnion Counsel\, Disuptes and Arbitrations\nAUPE \n\n\nArbitration 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: \n\nWhat common bottlenecks do parties encounter in the arbitral process? How can labour practitioners eliminate unnecessary delays?\nDoes the growing legalism of arbitration undermine its unique advantages\, or is it necessary to ensure procedural protections for parties?\nWhat options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives?\nShould workplace parties consider creating unique expedited arbitration systems akin to the dispute resolution model between Canadian Railways and their unions?\nCan parties reduce arbitration timelines by participating in a virtual format? Is there room to automate arbitration processes by using artificial intelligence?\nHow are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?\nWhat enhancements could be implemented to improve arbitration processes and outcomes?\n\nEnd of Conference: 4:15 p.m. MT \nConference CPD\n\n\nThis program has been approved by CPHR Alberta for 7.35 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by CPHR BC & Yukon for 7.35 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 7.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of British Colombia for 7.35 Continuing Professional Development hours.\n\n\n\n\nWorkshop CPD\n\n\nThe Pre-Conference workshops have been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThe Pre-Conference workshops have been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\nThe Pre-Conference workshops have been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development hours.\nThe Pre-Conference workshops have been approved by the Law Society of British Colombia for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/calgary-labour-arbitration-and-policy-conference/
LOCATION:The Westin Calgary\, 320 4 Avenue Southwest\, Calgary\, Alberta\, T2P 2S6\, Canada
CATEGORIES:Conference,Labour Arbitration and Policy Conference
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/calgary-header.jpg
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BEGIN:VEVENT
DTSTART;TZID=UTC:20230622T123000
DTEND;TZID=UTC:20230622T140000
DTSTAMP:20260404T155054
CREATED:20230322T181150Z
LAST-MODIFIED:20230606T211206Z
UID:6590-1687437000-1687442400@lancasterhouse.com
SUMMARY:Fairness in Firing: Examining recent principles and rising damages in bad faith terminations
DESCRIPTION:Moderators\n\n \nMark Hart\nArbitrator & Mediator \n\n\nSpeakers\n\n \nAlissa Goldberg\nEmployee Counsel\nKBA Partners \n\n\n \nIsabelle Keeler\nEmployer counsel\nCox and Palmer \n\n\nIssuesDecisions 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: \n\nHow 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?\n\n\nHow 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?\n\n\nDoes certain employee conduct warrant termination? In what circumstances have courts upheld termination in recent cases?\n\n\nWhat considerations do courts make when it comes to an employee’s duty to mitigate damages?\n\n\nWhat is “quiet firing”? Can employers be held liable for “quiet firing”?\n\n\nDoes 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?\n\n\nWhat 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?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/fairness-in-firing-examining-recent-principles-and-rising-damages-in-bad-faith-terminations/
LOCATION:Virtual Event
CATEGORIES:Webinar
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BEGIN:VEVENT
DTSTART;TZID=America/Denver:20230615T093000
DTEND;TZID=America/Denver:20230615T110000
DTSTAMP:20260404T155054
CREATED:20230322T190042Z
LAST-MODIFIED:20230606T210421Z
UID:6648-1686821400-1686826800@lancasterhouse.com
SUMMARY:Balancing Employee Privacy and Employer Access to Personal Information: Who gets to know what and when?
DESCRIPTION:Moderator\n\n \nScott Steiner\nMediator and Arbitrator\nADR Chambers \n\n\nSpeakers\n\n \nLeanne Monsma\nEmployer Counsel\nFasken \n\n\n \nKelly Nicholson\nPrivacy Officer\nField Law \n\n\n \noline Twiss\nDeputy Commissioner and Deputy Registrar\nOIPC \n\n\nIssuesWhat 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: \n\nWhat 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?\n\n\nHow does distinguishing “employee personal information” in Alberta and British Columbia privacy statutes from “personal information” in other types of statutes affect workplace privacy rights?\n\n\nIn the case of employee illness\, what specific personal information can be requested by an employer\, and how frequently?\n\n\nAre 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)?\n\n\nCan 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?\n\n\nAre there restrictions on employees’’ right to access information about themselves in the employer’’s possession?\n\n\nIn what circumstances have adjudicators held that employee information was accessed\, used\, or disclosed improperly?\n\n\nWhat key issues should employers and unions address in policies or collective agreements governing privacy and access to information?\n\nAccreditationCPD\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis 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).\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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.
URL:https://lancasterhouse.com/event/balancing-privacy-and-access-to-information-who-gets-to-know-what-and-when/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-balancing-privacy.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Sao_Paulo:20230615T090000
DTEND;TZID=America/Sao_Paulo:20230615T160000
DTSTAMP:20260404T155054
CREATED:20230323T182338Z
LAST-MODIFIED:20230508T185639Z
UID:6695-1686819600-1686844800@lancasterhouse.com
SUMMARY:Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions\, New Brunswick
DESCRIPTION:Speakers\n\n \nKelly VanBuskirk\nAdjunct Professor\,\nUniversity of New Brunswick \n\n\nWorkplace 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. \nParticipants will leave this interactive session ready to: \n\nIdentify the necessary steps in an investigation\n\n\nDecide who should lead the investigation\, and whether an external investigator is required\n\n\nDetermine the appropriate mandate and scope of the investigation\n\n\nMake sure investigations comply with applicable law\n\n\nEnsure procedural fairness\n\n\nManage uncooperative and absent witnesses\n\n\nAssess credibility and evidence\n\n\nAddress issues of confidentiality and privilege\n\n\nReview comprehensive investigation reports\n\nIn 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. \nPlease contact customerservice@lancasterhouse.com for more details \nCPD\n\nThis program has been approved by CPHR Nova Scotia for 5.5 Continuing Professional Development hours.\n 
URL:https://lancasterhouse.com/event/ensuring-effective-workplace-investigations-intensive-skills-training-for-employers-and-unions-new-brunswick/
LOCATION:Saint John Hilton\, Kennebecasis 1 & 2\, 1 Market Square\, Saint John\, NB\, E2L 4Z6\, Canada
CATEGORIES:Skills Training
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/NB-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230606T123000
DTEND;TZID=UTC:20230606T140000
DTSTAMP:20260404T155054
CREATED:20230322T003957Z
LAST-MODIFIED:20230523T202600Z
UID:6574-1686054600-1686060000@lancasterhouse.com
SUMMARY:Opening Doors: Ensuring equity\, diversity\, and inclusion in hiring\, promotion\, and retention
DESCRIPTION:Moderators\n\n \nEdith Bramwell\nChairperson Federal Public Sector Labour Relations and Employment Board \n\n\nSpeakers\n\n \nAlex Ognibene\nEmployer counsel\nFasken \n\n\n \nNatasha Aruliah\nConsultant\nJEDDI (Justice\, Equity\, Decolonising\, Diversity and Inclusion) Specialist \n\n\n \nAubrey Gonsalves\nDiversity Vice-President CUPE National \n\n\nIssuesCritical 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: \n\nWhat lessons can be learned from recent cases where employees have alleged discriminatory promotion practices? How can employers ensure fair and transparent promotion practices?\n\n\nHow do unconscious biases impact recruitment? How can employers address implicit biases and stereotypes in their recruitment practices?\n\n\nHow 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?\n\n\nWhat 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?\n\n\nWhat 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?\n\n\nHow 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?\n\n\nWhat 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?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/opening-doors-ensuring-equity-diversity-and-inclusion/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-opening-doors.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/New_York:20230606T090000
DTEND;TZID=America/New_York:20230606T160000
DTSTAMP:20260404T155054
CREATED:20230322T195732Z
LAST-MODIFIED:20230523T165157Z
UID:6687-1686042000-1686067200@lancasterhouse.com
SUMMARY:Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions\, Manitoba
DESCRIPTION:Speakers\n\n \nCindy Lazar\nLawyer and Workplace Investigator\nTaylor McCaffrey \n\n\n \nDayna Steinfeld\nUnion Counsel\nRaven Law LLP \n\n\n \nNicole Smith\nManagement Counsel\nPitblado Law \n\n\nWorkplace 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. \nParticipants will leave this interactive session ready to: \n\n\n\nIdentify the necessary steps in an investigation\n\n\n\n\n\n\nDecide who should lead the investigation\, and whether an external investigator is required\n\n\n\n\n\n\nDetermine the appropriate mandate and scope of the investigation\n\n\n\n\n\n\nMake sure investigations comply with applicable law\n\n\n\n\n\n\nEnsure procedural fairness\n\n\n\n\n\n\nManage uncooperative and absent witnesses\n\n\n\n\n\n\nAssess credibility and evidence\n\n\n\n\n\n\nAddress issues of confidentiality and privilege\n\n\n\n\n\n\nReview comprehensive investigation reports\n\n\n\nIn 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. \nPlease contact customerservice@lancasterhouse.com for more details \nCPD\n\n\nThis program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.
URL:https://lancasterhouse.com/event/ensuring-effective-workplace-investigations-intensive-skills-training-for-employers-and-unions-manitoba/
LOCATION:RBC Center\, Millennium Suite\, Second Floor\, 375 York Avenue\, Winnipeg\, MB\, R3C 3J3\, Canada
CATEGORIES:Skills Training
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/winnipeg-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230601T123000
DTEND;TZID=UTC:20230601T140000
DTSTAMP:20260404T155054
CREATED:20230322T184039Z
LAST-MODIFIED:20230525T212311Z
UID:6637-1685622600-1685628000@lancasterhouse.com
SUMMARY:Interest Arbitration in Essential Services: Experts discuss key cases and critical concepts
DESCRIPTION:Moderator\n\n \nChris Albertyn\nArbitrator/Mediator \n\n\nSpeakers\n\n \nJeffrey Sack\, K.C.\nPresident\nLancaster House \n\n\n \nThomas Roper\nFounding Partner\nRoper Greyell \n\n\nInterest Arbitration ProgramIn this session\, seasoned experts will address key issues in interest arbitration\, examining trends in recent arbitration awards. Panelists will address questions including: \n\nWhen is government imposition of interest arbitration a violation of the Charter of Rights and when is it a requirement?\nIn what circumstances is essential services legislation compliant with the Charter and in what circumstances is it not?\nHow far can governments go in limiting selection of arbitrators and their arbitral discretion?\nWhat are the pros and cons of med-arb\, arb-med\, and tripartite arbitration?\nWhat do recent cases suggest about how arbitrators will apply the principles of replication\, demonstrated need\, and total compensation?\nIn 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?\nHow 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?\nIn 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?\n\nAccreditationCPD\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis 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).\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for additional information.
URL:https://lancasterhouse.com/event/interest-arbitration-in-essential-services-experts-discuss-key-cases-and-critical-concepts/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-interest-arbitration.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230523T123000
DTEND;TZID=UTC:20230523T140000
DTSTAMP:20260404T155054
CREATED:20230322T002343Z
LAST-MODIFIED:20230515T172732Z
UID:6557-1684845000-1684850400@lancasterhouse.com
SUMMARY:Dealing with Highly Sensitive Personal Information: Documenting and accommodating mental health disabilities
DESCRIPTION:Moderator\n\n \nCathy Knapp\nArbitrator/Mediator \n\n\nSpeakers\n\n \nMeghan Burton\nOrganization Development Advisor\nMental Health Commission of Canada \n\n\n \nMeg Atkinson\nUnion Counsel\nKastner Lam LLP \n\n\n \nDanny Parker\nEmployer Counsel\nFilion Wakely Thorup Angeletti LLP \n\n\nIssuesObtaining 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: \n\nIs 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?\n\n\nWhat 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”)?\n\n\nIs 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?\n\n\nHow 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?\n\n\nWhere 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?\n\n\nHow 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?\n\n\nHow 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?\n\n\nOnce 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?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/dealing-with-highly-sensitive-personal-information-documenting-and-accommodating-mental-health-disabilities/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-sensitive-information.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/New_York:20230516T080000
DTEND;TZID=America/New_York:20230518T154500
DTSTAMP:20260404T155054
CREATED:20230322T031803Z
LAST-MODIFIED:20240723T182055Z
UID:6616-1684224000-1684424700@lancasterhouse.com
SUMMARY:Atlantic Canada Labour Law Conference
DESCRIPTION:Conference Co-Chairs\n\n \nJudith Begley\nLawyer\, Workplace Investigator\, and Mediator\nBegley Law \n\n\n \nAndrew Nielsen\nUnion Counsel\nPink Larkin \n\n\n \nTara Erskine\nEmployer Counsel\nMathews\, Dinsdale & Clark LLP \n\n\nConference Advisory Committee\n\n \nChris Peddigrew\nArbitrator/Mediator and Vice-Chairperson\,\nNewfoundland and Labrador Labour Relations Board \n\n\n \nTracey Pinder\nAtlantic Regional Director\nCUPE \n\n\n \nMatt Hiltz\nExecutive Director and Chief Negotiatior\nNew Brunswick Nurses Union \n\n\n \nJessica Upshaw\nSolicitor\nNova Scotia Power \n\n\n \nKaren Milligan\nHR Manager\nHealth PEI \n\n\nTuesday\, May 16\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m. AT\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:05 a.m. AT \nWorkshop - Medical Information in Accommodation and Adjudication: Practical guidance for employers and unions\nMedical Information in Accommodation and Adjudication: Practical guidance for employers and unions\n\n\n \nJasmine Walsh\nChair\nNova Scotia Labour Board \n\n\n \nKaren Joudrey\nInstructor and Academic Coordinator Disability Management Certificate Program and the Department of\nOccupational Therapy Dalhousie University\n\n\n \nDawn Learning\nAtlantic Region Human Rights Representative\nCUPE \n\n\n \nAnnie Gray\nEmployer Counsel\nStewart McKelvey \n\n\nIt 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. \nGuided 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: \n\nassess the reasonableness of requests for employees’ personal health information;\nevaluate the adequacy of information provided and respond appropriately to vague or deficient information;\napproach employees/union members about needed information with sensitivity;\nwrite requests that prompt timely\, useful responses from health care providers and medical experts;\nevaluate the appropriateness and utility of standardized medical information forms;\ndetermine 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;\nrecognize when a health care professional is acting as an advocate or assuming an inappropriate role;\nsafeguard personal health information in compliance with legislation and in accordance with best practices; and;\nuse medical evidence effectively in the grievance and arbitration process\n\nWednesday\, May 17\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m. AT\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:05 a.m. AT \nPanel 1 - The Latest in Labour: Experts address key cases and legislative developments 9:05 a.m. – 10:20 a.m. AT\nThe Latest in Labour: Experts address key cases and legislative developments\n\n\n \nDavid Conway\nAdjudicator\, Arbitrator\, Mediator and\nIndependent Counsel \n\n\n \nSandra Mullen\nPresident Nova Scotia Government & General\nEmployees Union \n\n\n \nJames LeMesurier\nEmployer Counsel\nStewart McKelvey \n\n\nIn 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. \nKeynote - The Other Wet Floor: Psychological Occupational Risk in Helping Professions 10:20 a.m. - 10:40 a.m. AT\nThe Other Wet Floor: Psychological Occupational Risk in Helping Professions\n\n\n \nJ.D. Gilmour\nManager of Employee Abilities and Return to Work\nHealth PEI \n\n\nBreak 10:40 a.m. – 10:55 a.m. AT \nPanel 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\nRecovering the Balance: Practical guidance on flexible work\, the right to disconnect\, and avoiding burnout\n\n\n \nFrank Demont\, K.C.\nArbitrator\nResolve Arbitration & Mediation Services \n\n\n \nMary Fougere\nNational Staff Representative\nCUPE \n\n\n \nEmily McDonald\nLawyer and Consultant\nHR Atlantic \n\n\nEmployers must consider their obligation to prevent mental health harms\, including burnout\, stress\, and the consequences of working remotely. Questions to be discussed include: \n\nHow 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?\nHow 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?\nHow can employers\, unions\, and workers actively reduce the mental health harms that may be associated with remote work?\nHow 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?\nDoes the right to disconnect assist in preventing mental health harms to employees who are not working traditional 9-to-5 shift schedules?\nHas remote work blurred the line between overwork and overtime? How can employers and unions ensure that there is a workable distinction?\nIn 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?\n\nLunch 12:00 p.m. – 1:00 p.m. \nPanel 3 - Investigations under a Microscope: An examination of current best practices and recent developments 1:00 p.m. - 2:15 p.m. AT\nInvestigations under a Microscope: An examination of current best practices and recent developments\n\n\n \nKrista Smith\nWorkplace Investigator Root and Branch \n\n\n \nRyan McCarville\nLawyer\nMcInnes Cooper \n\n\n \nRay Mitchell\nLegal Counsel\nInternational Union of Painters and Allied Trades\nDistrict Council 39 \n\n\nWorkplace 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: \n\nConsidering 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?\nWhat are the essential qualities or qualifications of a competent investigator? When should an external investigator be retained?\nHow do unconscious and implicit biases impact human rights investigations in the workplace? What can be done to avoid them?\nHow can investigators\, in the fact-finding and report-writing process\, address pervasive systemic discrimination in the workplace?\nHow does adopting a trauma-informed approach to conducting witness interviews affect an investigation?\nWhat is the role of the union in an investigation? What are the limitations of union involvement?\nWhat 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?\nWhat are best practices for drafting investigation reports?\nWhat 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?\n\nBreak 2:15 p.m. – 2:30 p.m. \nPanel 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\nDisabilities That Elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n\n\n \nDr. Alexis Goth\nPhysician\nIntegrated Chronic Care Service (ICCS) \n\n\n \nJillian Houlihan\nUnion Counsel\nPink Larkin \n\n\n \nJames Green\nEmployer Counsel\nCox and Palmer \n\n\nWorkplace 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: \n\nWhat are common medical conditions that elude diagnosis or that are considered “diagnoses of exclusion”? Why does “Long COVID” fall within this list?\nIs 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?\nHow 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?\nWhen 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?\nMay 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?\nHow do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?\nWhere 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?\nWhat 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?\n\nNetworking Reception 3:45 p.m. – 5:00 p.m. AT \nThursday\, May 18\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m. AT\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. AT \nPanel 5 - Digital Dignity: Protecting privacy in an era of workplace surveillance 9:05 a.m. – 10:20 a.m. AT\nDigital Dignity: Protecting privacy in an era of workplace surveillance\n\n\n \nDavid Fraser\nPrivacy Lawyer and Partner\nMcInnes Cooper \n\n\n \nDaniel Leger\nUnion Counsel\nPink Larkin \n\n\n \nErin Delaney\nSolicitor\nDepartment of Justice and Public SafetyGovernment of Newfoundland and Labrador\n\n\nHow 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: \n\nWhat key items should employers and unions address in policies and collective agreement provisions governing privacy and surveillance?\nWhat workplace surveillance is permitted under the Freedom of Information and Protection of Privacy Act?\nDo 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?\nHow have arbitral attitudes towards workplace privacy evolved in response to modern surveillance technologies?\nWhat concerns do keystroke mapping technologies and other methods of surveillance pose for employees’ privacy and human rights?\nWhat is the proper balance between a remote employee’s right to privacy in their home and an employer’s legitimate supervisory interests?\nCan employees object to off-duty surveillance? If so\, how should off-duty surveillance be addressed in policies and collective agreements?\nWhat continuing practices should employers and unions apply to ensure that employee information is kept confidential and secure?\n\nBreak 10:20 a.m. – 10:35 a.m. AT \nPanel 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\nOff-Duty\, Off-Base? Balancing freedom of expression and the right to a respectful workplace\n\n\n \nLynne Poirier\nArbitrator\, Mediator and Vice-chair Canada\nIndustrial Relations Board and Nova Scotia Labour Board\n\n\n \nKevin Kindred\nSolicitor\, the Department of Justice\nGovernment of Nova Scotia \n\n\n \nLeah Kutcher\nIn-House Counsel\nNova Scotia Teachers Union \n\n\nWhere 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: \n\nWhat key provisions should be included in workplace policies and collective agreements to address inappropriate conduct? Can these provisions encompass off-duty conduct?\nAre employers permitted to limit how employees represent themselves while off-duty? Is the nature of the business relevant?\nCan employers or unions offer or require training regarding off-duty conduct?\nCan employers ban workplace discussions on controversial or political topics in the workplace? If so\, how would a topic be assessed as “political” or “controversial”?\nWhat 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?\nDoes an employee have any duty to report a controversial off-duty statement by another employee?\nWhat 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?\n\nLunch 11:50 a.m. – 1:00 p.m. \nPanel 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\nDisciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?\n\n\n \nTrisha Perry\nMediator/Vice-Chair\nNew Brunswick Workers Compensation Appeals Tribunal \n\n\n \nJames Farrell\nSolicitor and Staff Representative\nFFAW-Unifor \n\n\n \nKyle MacIsaac\nEmployer Counsel\nMatthews Dinsdale \n\n\nRights 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: \n\nHow 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?\nWhat 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?\nDo 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?\nhat 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?\nWhere a union representative participates in a disciplinary meeting\, what is the scope of that representative’s role?\nHow may an employee’s conduct during a disciplinary meeting impact an arbitrator’s assessment as to whether to uphold the discipline imposed?\n\nBreak 2:15 p.m. – 2:30 p.m. \nPanel 8 - Is Virtual the New Reality? Debating the pros and cons of virtual labour relations 2:30 p.m. - 3:45 p.m. AT\nIs Virtual the New Reality? Debating the pros and cons of virtual labour relations\n\n\n \nNoella Martin\nEmployer Counsel\nWickwire Holm \n\n\n \nBrenda Comeau\nUnion Counsel\nPink Larkin \n\n\n \nScott Sterns\nArbitrator and Mediator \n\n\n\nAre virtual hearings a comparable substitute for in-person hearings? What is lost or gained when conducting hearings virtually?\n\na. Do virtual proceedings allow for more inclusivity and access to justice? If so\, how?\nb. Do virtual proceedings pose any concerns regarding credibility?\nc. Can demeanor and body language be assessed virtually?\nd. Have virtual proceedings reduced costs and delays?\n\n\nHow have parties adapted to bargaining virtually?\nWhat steps should labour relations professionals take to ensure privacy and confidentiality is respected during virtual proceedings?\nDo Canadian labour relations professionals have a “duty of technological competence” similar to duties imposed on American attorneys?\nAre additional technological safeguards necessary for virtual discussions regarding personal health information or other confidential matters?\nWhat steps should unions take to ensure that there is effective representation and cohesion among members who primarily communicate remotely?\nHow should virtual labour relations practices be addressed in workplace policies or collective agreements?\n\nConference ends – 3:45 p.m. \nConference CPD\n\n\nThis program has been approved by CPHR Nova Scotia for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/atlantic-canada-labour-law-conference/
LOCATION:Hotel Halifax\, 1990 Barrington Street\, Scotia Square\, Halifax\, Nova Scotia\, B3J 1P2\, Canada
CATEGORIES:Conference,Labour Law & Labour Policy
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/portrait/halifax-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230509T123000
DTEND;TZID=UTC:20230509T140000
DTSTAMP:20260404T155054
CREATED:20230322T000807Z
LAST-MODIFIED:20230428T205502Z
UID:6550-1683635400-1683640800@lancasterhouse.com
SUMMARY:Lancaster's Workplace Essentials: Issues in union representation
DESCRIPTION:Moderators\n\n \nAnnie McKendy\nArbitrator\, Mediator\, and Investigator \n\n\nSpeakers\n\n \nMary Thibodeau\nUnion counsel\nMoore Edgar Lyster LLP \n\n\n \nBrandon Hillis\nEmployer Counsel\nRoper Greyell \n\n\nIssuesThe 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: \n\nDoes 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?\n\n\nWhat 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?\n\n\nCan 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?\n\n\nHow 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?\n\n\nWhat are an employer’s obligations and responsibilities when it comes to a union’s right to provide representation during a workplace investigation?\n\n\nWhat 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?\n\n\nWhat policies and procedures can employers develop to ensure that the union is allowed to exercise its right to provide representation during workplace investigations?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/lancasters-workplace-essentials-issues-in-union-representation/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-union-representation.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Los_Angeles:20230508T090000
DTEND;TZID=America/Los_Angeles:20230508T160000
DTSTAMP:20260404T155054
CREATED:20230322T193824Z
LAST-MODIFIED:20230404T043042Z
UID:6668-1683536400-1683561600@lancasterhouse.com
SUMMARY:Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions\, British Columbia
DESCRIPTION:Speakers\n\n \nJonathan Chapnick\nLawyer & Workplace Investigator\nPortage Legal Services \nWorkshop Leader \n\n\nWorkplace 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. \nParticipants will leave this interactive session ready to: \n\nIdentify the necessary steps in an investigation\n\n\nDecide who should lead the investigation\, and whether an external investigator is required\n\n\nDetermine the appropriate mandate and scope of the investigation\n\n\nMake sure investigations comply with applicable law\n\n\nEnsure procedural fairness\n\n\nManage uncooperative and absent witnesses\n\n\nAssess credibility and evidence\n\n\nAddress issues of confidentiality and privilege\n\n\nReview comprehensive investigation reports\n\nIn 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. \nPlease contact customerservice@lancasterhouse.com for more details \nCPD\n\n\nThis program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.
URL:https://lancasterhouse.com/event/ensuring-effective-workplace-investigations-investigations-intensive-skills-training-for-employers-and-unions-british-columbia/
LOCATION:UBC Robson Square\, HSBC Hall (C680)\, 800 Robson Street\, Vancouver\, BC\, V7Z 3B7\, Canada
CATEGORIES:Skills Training
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/Vancouver-header.jpg
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BEGIN:VEVENT
DTSTART;TZID=UTC:20230427T123000
DTEND;TZID=UTC:20230427T140000
DTSTAMP:20260404T155054
CREATED:20230321T235129Z
LAST-MODIFIED:20230424T183416Z
UID:6542-1682598600-1682604000@lancasterhouse.com
SUMMARY:Disagreement\, Conflict\, or Harassment? Practical guidance on dealing with workplace disputes
DESCRIPTION:Moderators\n\n \nYuki Matsuno\nMediator\nSouthern Butler Price LLP \n\n\nSpeakers\n\n \nChristopher Perri\nUnion counsel\nCavalluzo \n\n\n \nMeaghen Russell\nEmployer counsel\nDentons \n\n\nIssuesDifferences 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: \n\nWhen 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?\n\n\nWhat 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?\n\n\nWhat 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?\n\n\nWhat 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?\n\n\nWhat 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?\n\n\nTo 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?\n\n\nHow can employers and unions ensure that stereotypes\, unconscious bias\, or lack of understanding do not lead to unfair or discriminatory conclusions when conflict arises?\n\n\nAre all workplace disputes to be avoided? Can a culture of healthy disagreement foster psychological health and safety in the workplace?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/disagreement-conflict-or-harassment-practical-guidance-on-dealing-with-workplace-disputes/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-harassment.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230426T090000
DTEND;TZID=UTC:20230426T160000
DTSTAMP:20260404T155054
CREATED:20230316T013207Z
LAST-MODIFIED:20230404T043027Z
UID:6291-1682499600-1682524800@lancasterhouse.com
SUMMARY:Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions\, Ontario
DESCRIPTION:Speakers\n\n \n Mireille Mortimer\nLawyer & Workplace Investigator\nMortimer Khoraych \n\n\nWorkplace 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. \nParticipants will leave this interactive session ready to: \n\nIdentify the necessary steps in an investigation\nDecide who should lead the investigation\, and whether an external investigator is required\nDetermine the appropriate mandate and scope of the investigation\nMake sure investigations comply with applicable law\nEnsure procedural fairness\nManage uncooperative and absent witnesses\nAssess credibility and evidence\nAddress issues of confidentiality and privilege\nReview comprehensive investigation reports\n\nIn 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. \nPlease contact customerservice@lancasterhouse.com for more details \nCPD\n\n\nThis program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.
URL:https://lancasterhouse.com/event/ensuring-effective-workplace-investigations-investigations-intensive-skills-training-for-employers-and-unions-ontario/
LOCATION:The Conference Center at the University of Toronto\, Terrace 3rd Floor\, 89 Chestnut St\, Toronto\, ON\, M5G 1R1\, Canada
CATEGORIES:Skills Training
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BEGIN:VEVENT
DTSTART;TZID=America/New_York:20230425T123000
DTEND;TZID=America/New_York:20230518T160000
DTSTAMP:20260404T155054
CREATED:20230314T005635Z
LAST-MODIFIED:20230428T201722Z
UID:6184-1682425800-1684425600@lancasterhouse.com
SUMMARY:Labour Relations Certificate (Virtual Program)
DESCRIPTION:In association with:Upon completion of this program\, participants will receive a certificate of completion and a digital credential from Toronto Metropolitan University. \nProgram Leader\nDaphne Taras\nDean\, Ted Rogers School\nToronto Metropolitan University \nProgram Faculty\n\n \nJudith Allen\nArbitrator \n\n\n \nAlex Brat\nExecutive Director\, Labour Relations\,University of Toronto \n\n\n \nBruce Curran\nAssociate Professor\,Faculty of Law University of Manitoba \n\n\n \nChris Davidson\nSenior Program Lawyer and Researcher \n\n\n \nPatricia D’Heureux\nUnion CounselCavalluzzo \n\n\n \nWassim Garzouzi\nUnion CounselRaven Law \n\n\n \nChantel Kassongo\nEmployer CounselNeuman Thompson \n\n\n \nKat Leonard\nNational RepresentativeUnifor \n\n\n \nAvner Levin\nProfessor\, Faculty of Law and Law & Business Department\,Ted Rogers School of Management\,Toronto Metropolitan University \n\n\n \nFrank Miller\nInstructor (Sessional) Lecturer\,Faculty Advisor – HR/OB Co-Op Program \n\n\n \nLeanne Monsma\nEmployer CounselFasken Martineau DuMoulin LLP \n\n\n \nDionne Pohler\nAssociate Professor\, University of Saskatchewan \n\n\n \nJim Stanford\nEconomist and DirectorCentre for Future Work \n\n\n \nBob Thompson\nProfessor\, Human ResourcesSeneca College of Applied Arts and Technology \n\n\n \nJennifer Wootton\nLawyer & Workplace Investigator \n\n\nProgram\nThe 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. \nTaught 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. \nProgram features \n\nAccess to leading Canadian experts in a small-group setting\nActive learning through group discussion\, case studies\, and simulations\nBalanced coverage of labour and management points of view\nManagement\, union\, and neutral attendees learn together\nExposure to diverse opinions and extensive knowledge of fellow participants\nVariety of speakers (academics\, lawyers\, practitioners\, subject-matter experts)\n\nWho should attend? \n\nHuman resources professionals\nUnion officers and representatives\nLawyers\nManagers\nMediators\nWorkplace investigators\n\n2023 Spring Schedule (12:30 – 4:00 p.m. ET)†\n\n\n\nWeek 1\nTuesday\, April 25\nThursday\, April 27\n\n\nWeek 2\nTuesday\, May 2\nThursday\, May 4\n\n\nWeek 3\nTuesday\, May 9\nThursday\, May 11\n\n\nWeek 4\nTuesday\, May 16\nThursday\, May 18\n\n\n\nLabour Relations Certificate CPD\n\n\nThis program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by CPHR Nova Scotia for 3.5 Continuing Professional Development hours per session.\nThis program has been approved by the Law Society of British Columbia for 3.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/labour-relations-certificate/
LOCATION:Virtual Event
CATEGORIES:Professional Learning Program
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/TMU-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20230419T090000
DTEND;TZID=America/Toronto:20230419T123500
DTSTAMP:20260404T155054
CREATED:20230405T235210Z
LAST-MODIFIED:20230414T214458Z
UID:7739-1681894800-1681907700@lancasterhouse.com
SUMMARY:Ontario Micro Conference on Gender Equity (Virtual Event)
DESCRIPTION:Wednesday\, April 19\, 2023Introductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. \nPanel 1 - Paving the Path to Gender Equity: Exploring recent caselaw\, contract clauses\, and legislation 9:10 a.m. – 10:40 a.m. ET\nPaving the Path to Gender Equity: Exploring recent caselaw\, contract clauses\, and legislation\n\n\n \nNicole Biros-Bolton\nAssociate (Human Rights Law)\nRoss & McBride LLP \n\n\n \nAnna Matas\nSenior Lawyer\,\nGillian Hnatiw & Co \n\n\n \nJan Borowy\nPartner\, Cavalluzzo \n\n\nIn 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: \n\nHow 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?\nWhat 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?\nHow 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?\nWhere 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?\nHas 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?\nWhat 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?\nHow 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?\nDoes 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?\n\nBreak 10:40 a.m. – 10:55 a.m. ET \nKeynote Speaker 10:55 a.m. - 11:40 a.m. ET\nLessons from the past for the post #MeToo Workplace\n\n\n \nPeggy Nash\nSenior Advisor and Chair of the Advisory Committee of the Centre for Labour Management Relations at the Ted Rogers School of Management at TMU \n\n\nIn 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. \nPanel 2 - One Size Does Not Fit All: Fashioning non-discriminatory dress code policies 11:55 a.m. - 12:45 p.m. ET\nOne Size Does Not Fit All: Fashioning non-discriminatory dress code policies\n\n\n \nDavid Jewitt\nArbitrator and Mediator \n\n\n \nNiiti Simmonds\nPartnerCavalluzzo \n\n\n \nMegan Mah\nPartnerWeirfoulds LLP \n\n\nEmployers 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: \n\nWhat 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?\nWhat recent human rights complaints have resulted from workplace dress code policies?\nWhen developing dress code policies\, what lessons can Canadian employers learn from employers in other jurisdictions?\nWhat 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?\nWhat guidance has the Ontario Human Rights Commission issued for employers in industries which tend to have gender-specific or “sexualized” dress code policies?\nWhen\, 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?\nTo 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?\nWhat should employers consider when mandating dress code policies for remote workers?\n\nEnd of Micro-Conference – 12:45 p.m. \nMicro-Conference CPD\n\n\nThis program has been approved for 3.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\n\n\n\n\nThis program has been approved by CPHR Alberta for 3.5 Continuing Professional Development hours.\n\n\n\n\n \n\nMembers of the Law Society of New Brunswick may consider this program for 3.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 3.5 substantive hours.
URL:https://lancasterhouse.com/event/ontario-micro-conference-on-gender-equity/
LOCATION:Virtual Event
CATEGORIES:Conference
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/Gender-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20230417T080000
DTEND;TZID=America/Toronto:20230418T154500
DTSTAMP:20260404T155054
CREATED:20230317T232601Z
LAST-MODIFIED:20240723T152317Z
UID:6372-1681718400-1681832700@lancasterhouse.com
SUMMARY:Toronto Human Rights and Accommodation Conference
DESCRIPTION:Conference Co-Chairs\n\n \nYasmeena Mohamed\nArbitrator/Mediator \n\n\n \nRishi Bandhu\nEmployer Counsel\nBandhu Law Professional Corporation \n\n\n \nMae J. Nam\nUnion Counsel\nRyder Wright Holmes Bryden Nam LLP \n\n\nConference Advisory Committee\n\n \nJeanie Theoharis\nAssociate Chair\nHuman Rights Tribunal of Ontario \n\n\n \nNathaniel Marshall\nEmployer Counsel and Workplace Investigator\nMarshall Workplace Law \n\n\n \nNatalie Jacyk\nSenior Human Rights Officer\nHuman Rights Office Toronto District School Board \n\n\n \nFridmar Facunda\nSupervisor\, Equity & Member Education Units\, OPSEU \n\n\n \nSaranjit Singh Cheema\nLegal Counsel\,\nLiUNA Ontario Provincial District Council \n\n\nMonday\, April 17\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m.\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. \nPanel 1 - Human Rights Headlines: The latest caselaw and legislative developments 9:10 a.m. – 10:25 a.m. ET\nHuman Rights Headlines: The latest caselaw and legislative developments\n\n\n \nEsi Codjoe\nEmployer Counsel\nTurnpenney Milne LLP \n\n\n \nMatthew Horner\nCounsel\nOntario Human Rights Commission \n\n\n \nMatthew Hrycyna\nGrievance Officer\nOPSEU \n\n\nIn this session\, experts will review the most important legal developments of the past year and flag significant ongoing litigation and legislative reform. Topics to be addressed include discrimination\, harassment\, privacy\, and drug testing policies. Other updates to be discussed include the implementation of electronic monitoring policy requirements and the regulation of NDAs (non-disclosure agreements) in post-secondary sexual abuse allegations. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nBreak 10:25 a.m. – 10:40 a.m. ET \nPanel 2 - Investigations Under the Magnifying Glass: A close look at significant developments 10:40 a.m. - 11:55 a.m. ET\nInvestigations Under the Magnifying Glass: A close look at significant developments\n\n\n \nNathaniel Marshall\nEmployer Counsel and Workplace Investigator\nMarshall Workplace Law \n\n\n \nKirsty Niglas-Collins\nUnion Counsel\nUnified LLP \n\n\n \nSharon Naipaul\nConsultant\, Mediator\, and Trainer\nStrategic Workplace Equity and Conflict Resolution Solutions \n\n\nWorkplace 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 these areas\, in addition to practices and policies that safeguard fair and effective investigations: \n\nWhat lessons can be drawn from recent cases about the limits on an employer’s investigation\, taking into account the need to preserve a fair\, adequate\, and effective investigation process?\nHow do unconscious and implicit biases impact human rights investigations in the workplace? What can be done to avoid them?\nHow do investigators\, in the fact-finding and report-writing process\, address pervasive systemic discrimination in the workplace?\nHow does adopting a trauma-informed approach to conducting witness interviews affect the affect the nature of the investigation?\nHow should workplace parties address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?\nWhat are best practices for drafting investigation reports?\n\nLunch 11:55 a.m. – 1:00 p.m. \nPanel 3 - Disabilities that elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions1:00 p.m. - 2:15 p.m. PST\nDisabilities that elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n\n\n \nSimmy Sahdra\nEmployer Counsel\nMcCarthy Tetrault LLC \n\n\n \nDr. Alexandra Rendely\nSports Medicine Doctor\nUniversity Health Network Toronto Rehabilitation Clinic\n\n\n \nJustin Amaral\nUnion Counsel\nMorrison Watts \n\n\nWorkplace 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 arise when an employee seeks accommodation for a condition that eludes diagnosis. In this session\, experts will address questions such as: \n\nWhat are common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion”? Why does “Long COVID” fall within this list?\nWhat medical evidence is an employer legally permitted to request to establish an employee’s right to accommodation in such cases? Is a definitive diagnosis\, or “objective evidence\,” necessary to establish an invisible disability?\nHow 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? What types of information should employees request from doctors in such cases?\nWhen 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?\nHow might stereotypes and stigma associated with these medical conditions contribute to the challenge of providing accommodation?\nHow might eligibility requirements for short- and long-term disability insurance programs pose additional complications in such cases? Where an employee has been denied disability benefits\, and that denial is later held to be improper\, which party will be liable for the denial?\nWhat types of accommodations may be of assistance to an employee suffering from persistent symptoms such as pain\, fatigue\, or cognitive difficulties? For example\, what will help individuals coping with Long COVID? How can employers and unions cooperate to accommodate individuals with multiple chemical scent sensitivities?\n\nBreak 2:15 p.m. – 2:30 p.m. \nPanel 4 - Fluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplaces 2:30 p.m. - 3:45 p.m. ET\nFluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplace\n\n\n \nMelissa Egan\nLead Episodic Disabilities\nRealize Canada\n\n\n \nShibil Siddiqi\nEmployer Counsel\nProgressive Barristers \n\n\n \nSheilagh Turkington\nUnion Counsel\nCavalluzzo \n\n\nEmployees experiencing episodic disabilities often experience fluctuations in wellness\, which may lead to a decline in workplace performance and increased absenteeism. In this panel\, experts will explore accommodation procedures for employees with episodic disabilities. Specifically\, panelists will address: \n\nWhat questions are appropriate regarding an employee’s episodic disability? When do requests for medical information amount to discrimination or harassment?\nCan an employer inquire into whether an employee’s atypical workplace behaviours or schedules are related to the employee’s episodic disability?\nIs an employer entitled to request medical information from an employee on an ongoing basis? How can an employer balance its interest in requesting medical information with an employee’s right to privacy?\nWhat steps must unions take to satisfy their duty of fair representation for members with episodic disabilities?\nIn what circumstances have arbitrators or judges found that employers or unions have not met their duty to accommodate?\nWhat are best practices in accommodating an employee who requires modified work?\nWhat steps should an employer take when accommodating and communicating with an employee returning from disability leave?\nWhat proactive policies should employers and unions develop to meet the duty to accommodate?\n\nDay 1 closing remarks 4:30 p.m. – 4:35 p.m. ET \nTuesday\, April 18\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m.\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. \nPanel 5 - Promoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n9:10 a.m. – 10:25 a.m. ET\nPromoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n\n\n \nPriya Sarin\nEmployer Counsel\nSherrard Kuzz \n\n\n \nAkilah Haneef-Jabari\nAnti-Racism Advisor\nConsultant and Trainer\nJabari Community Services \n\n\n \nBrendan McCutchen\nUnion Counsel\nWright Henry \n\n\nPromoting equity at work requires a commitment from workplace actors to remove barriers to participation and success\, to proactively support inclusion\, and to ensure that measures do not\, in fact\, perpetuate discriminatory practices. In this session\, expert panelists will offer attendees practical guidance on topical issues including the value of anti-racist approaches\, improving equity in recruitment and retention (and the related role of preferential equity programs)\, the practical impacts of non-disclosure agreements (NDAs)\, and the promises and perils of disaggregated data and artificial intelligence in advancing workplace equity. \nBreak 10:25 a.m. – 10:40 a.m. ET \nPanel 6 - Is Privacy a Human Right? The evolution of Code-based rights in a technological world 10:40 a.m. - 11:55 a.m. ET\nIs Privacy a Human Right? The evolution of Code-based rights in a technological world\n\n\n \nNisha Dhanoa\nEmployer Counsel\nHunter Liberatore Law \n\n\n \nDanielle Bisnar\nUnion Counsel\nCavalluzzo \n\n\nShould employee privacy be recognized as a human right in response to evolving monitoring technologies? In this panel\, experts will discuss best practices in balancing employee privacy and modern technologies in the workplace. Specifically\, panelists will address: \n\nWhat changes does the federal Digital Charter Implementation Act\, 2022 (Bill C-27) propose regarding workplace electronic monitoring? How do these provisions in the proposed Act differ from the current Personal Information Protection and Electronic Documents Act and related provincial legislation?\nWhat consequences do monitoring technologies pose for employees’ privacy and human rights? What specific considerations do these technologies raise for remote workers?\nWhat key issues should employers and unions address in policies or collective agreement provisions governing employee privacy for in-person\, hybrid\, and remote workers?\nWhat suite of off-duty privacy rights and protections does an employee enjoy\, if any? What privacy rights\, if any\, are available to job applicants?\nWhat are best practices in soliciting employee consent to digital surveillance measures?\nWhat are best practices in tracking\, compiling\, and retaining employee information? How about job applicant information?\nHow have arbitral attitudes towards workplace privacy measures evolved in response to monitoring technologies?\n\nLunch 11:55 a.m. – 1:00 p.m. \nPanel 7 - Off the Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace 1:00 p.m. - 2:15 p.m. ET\nOff the Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace\n\n\n \nPatricia D’Heureux\nUnion Counsel\nCavalluzzo \n\n\n \nDr. Faisal Bhabha\nOsgoode Hall Law School\,\nYork University \n\n\n \nCarla Black\nEmployer Counsel\nRae Christen Jeffries \n\n\nEmployees with differing perspectives and beliefs nonetheless need to work collegially in the workplace. In this panel\, experts will examine the responsibilities of an employer and union in ensuring appropriate employee conduct\, both inside and outside the workplace. Topics to be addressed include: \n\nWhat are best practices for employers and unions to balance an employee’s Charter rights and freedom of expression with a workplace that remains free from discrimination and harassment?\nWhat are best practices for employers and unions in preventing workplace bullying and harassment? Should workplace training include off-duty conduct?\nHow can employers and unions best respond to problematic employee behaviour in a virtual working environment?\nCan an employer limit an employee’s political speech at work? What constitutes political speech?\nCan an employee face discipline for verbal statements\, online commentary\, or conduct outside of work hours? Is an employer justified in disciplining an employee whose off-duty conduct reflects that employee’s workplace behaviours?\nDoes an employer\, union\, or employee have a duty to report a controversial online statement by another employee?\nWhat are the duties of a union in representing members facing consequences from expressing unpopular beliefs or opinions in the workplace? Is the union’s duty different if the member is being disciplined for expressions or comments made outside the workplace or online?\nWhat are best practices for unions and employers where an employee or member alleges that workplace management has engaged in inappropriate or controversial comments or behaviours? Is a different duty owed when the conduct occurs outside the workplace or online?\n\nBreak 2:15 p.m. – 2:30 p.m. \nPanel 8 - Seeking the Antidote: Identifying and repairing poisoned workplaces2:30 p.m. - 3:45 p.m. ET\nSeeking the Antidote: Identifying and repairing poisoned workplaces\n\n\n \nElana Fleischmann\nMediator/Workplace Restoration Expert \n\n\n \nOzlem Yucel\nEmployer Counsel\nTurnpenney Milne LLP \n\n\n \nPaul Champ\nUnion Counsel\nChamp Law \n\n\nAs codified in the Ontario Human Rights Code\, employers must ensure that a workplace is free from discrimination and/or harassment. While poisoned workplaces are not directly defined under the Code\, these topics do include poisoned work environments involving personal harassment. In this panel\, experts will examine employer and union responsibilities in identifying and repairing poisoned workplaces. Specifically\, panelists will address: \n\nHow have adjudicators differentiated between personality conflicts and a poisoned workplace? Do an employee’s perceptions factor into this assessment?\nDoes “workplace culture” excuse conduct that would otherwise be considered poisonous? What role\, if any\, does a workplace harassment policy play in making this determination?\nWhat types of behaviour may constitute subtle forms of a poisoned workplace? What signs may indicate that someone is experiencing unreported harassment or bullying?\nWhat actions and restorative approaches should unions and employers take when an employee raises allegations of a poisoned environment? Is the intent to poison relevant when assessing disciplinary actions?\nWhat management styles or behaviours have adjudicators identified as harassment or bullying?\nHow have remote environments changed the prevailing understanding of poisoned workplaces? What strategies can employers and unions implement to respond to problematic behaviour in virtual spaces?\nWhat support can unions provide to members affected by a poisoned workplace?\nWhat steps should employers and unions take to create a safe and respectful workplace?\n\nEnd of day 2 – 3:45 p.m. \nConference CPD\n\n\nThis program has been approved for 10 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\n\n\n\n\nThis program has been approved by CPHR Alberta for 10 Continuing Professional Development hours.\n\n\n\n\n \n\nMembers of the Law Society of New Brunswick may consider this program for 10 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 10 substantive hours.
URL:https://lancasterhouse.com/event/toronto-human-rights-and-accommodation-conference/
LOCATION:Sheraton Centre Toronto Hotel\, 123 Queen Street West\, Toronto\, Ontario\, M5H 3M9 Most popular places at this add\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/toronto-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/New_York:20230412T123000
DTEND;TZID=America/New_York:20230413T151500
DTSTAMP:20260404T155054
CREATED:20230317T015303Z
LAST-MODIFIED:20230405T231255Z
UID:6327-1681302600-1681398900@lancasterhouse.com
SUMMARY:National Pensions Conference
DESCRIPTION:Conference Co-Chairs\n\n \nRoss Gascho\nPensions Counsel\nFasken \n\n\n \nBalraj Dosanjh\nPensions Counsel\nCavalluzzo LLP \n\n\nConference Advisory Committee\n\n \nLesha Van Der Bij\nChief Operating Officer and Founder\nOptimize Legal \n\n\n \nLiz Doughty\nChief Executive Officer Special Forces\nPension Plan Corporation \n\n\n \nGary Yee\nNational Representative – Pension & Airline Coordinator\nCanadian Union of Public Employees \n\n\n \nRandy Bauslaugh\nPensions & Benefits Counsel\nBauslaugh Law \n\n\nWednesday\, April 12\, 2023Introductory remarks by Co-Chairs 12:30 p.m. – 12:35 p.m. ET \nPanel 1 - Pension Fund Forecasts: Expert insights into recent trends\, including the impact of inflation12:35 p.m. – 1:50 p.m. ET\nPension Fund Forecasts: Expert insights into recent trends\, including the impact of inflation\n\n\n \nMary Kate Archibald\nPrincipal\nEckler Ltd. \n\n\n \nAaron Bennett\nCIO\nUniversity Pension Plan \n\n\nCanada and other major economies are currently confronted with the highest levels of inflation since the 1980s. Persistent above-target inflation affects the pension industry in myriad ways\, including through upward pressure on interest rates\, lower liabilities for defined benefit plans\, and decreasing returns in the bond markets. Inflation also affects the retirement income security of pension plan members. The risk of a recession in 2023 looms large\, as any recession would affect both plan returns and the insolvency risk of sponsoring employers. \nIn this session\, leading experts will explore the challenges posed by the current and predicted economic climate\, and address the following topics: \n\nWhat are the latest economic forecasts\, including the outlook for inflation\, interest rates\, unemployment\, and growth?\nWhat challenges does inflation pose for pension plan administrators generally?\nHow do the current economic conditions affect different types of pension plans and their members (e.g.\, defined benefit vs. defined contribution; public sector vs. private sector)? What are the implications of any divergence in these effects?\nWhat strategies can pension plan administrators take to manage pension plans and pension plan investments in an economic downturn? What role do administrators’ statutory and fiduciary obligations play in this regard?\nWhat have governments and regulators done to assist pension plans and their members in coping with the current economic conditions? What more can be done?\n\nBreak 1:50 p.m. – 1:55 p.m. ET \nPanel 2 - Keeping Posted on Pensions: A review of recent caselaw1:55 p.m. - 3:10 a.m. ET\nKeeping Posted on Pensions: A review of recent caselaw\n\n\n \nLesha Van Der Bij\nChief Operating Officer and Founder\nOptimize Legal \n\n\n \nMichael Wolpert\nPensions counsel\nFasken \n\n\n \nBettina Quistgaard\nUnion counsel\nPink Larkin \n\n\nThis panel explores significant court and tribunal decisions related to pensions. Topics to be addressed include plan amendments\, collective bargaining\, recovery of overpayments\, fiduciary duties\, shared risk plans\, family law\, surplus on wind-up\, and survivor benefits. Final selection of cases will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important decisions.Break 3:10 p.m. – 3:15 p.m. ET \nPanel 3 - Proposed\, Pending\, Passed: An update on key developments in legislation and regulations3:15 p.m. - 4:30 p.m. PST\nProposed\, Pending\, Passed: An update on key developments in legislation and regulations\n\n\n \nPamela Odina\nPensions Counsel\nBrown Mills Klinck Prezioso LLP \n\n\n \nDavid Blair\nUnion Counsel\nVictory Square Law Office \n\n\nIn this session\, experts will review recent legislative and regulatory pension developments. Topics to be addressed include insolvency\, ESG (environmental\, social\, and governance) factors\, climate change risk\, borrowing by pension plans\, leverage\, correction of contribution errors\, defined benefit pension plan funding\, target benefit plans\, cyber risks\, and unclaimed property. The panel will discuss amendments to the federal Income Tax Act and to provincial pension legislation\, including in Saskatchewan and British Columbia\, as well as Bill C-228\, the proposed federal Pension Protection Act. Experts will explore draft regulatory guidance released recently by the Office for the Superintendent of Financial Institutions\, the Financial Services Regulatory Authority of Ontario\, and the Canadian Association of Pension Supervisory Authorities. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important legislative and regulatory developments.Day 1 closing remarks 4:30 p.m. – 4:35 p.m. ET \nThursday\, April 13Introductory remarks by Co-Chairs 12:30 p.m. – 12:35 p.m. ET \nPanel 4 - Going Green? Examining the evolving role of ESG approaches in pension planning and management12:35 p.m. - 1:50 p.m. ET\nPromoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n\n\n \nChristie Stephenson\nExecutive Director\, Peter Dhillon Centre for Business Ethics\nUBC Sauder School of Business \n\n\n \nMurray Gold\nPensions Counsel\nKoskie Minsky \n\n\n \nRandy Bauslaugh\nPensions & Benefits Counsel\nBauslaugh Law \n\n\nEnvironmental\, social\, and governance (ESG) considerations have taken on heightened importance for pension plan sponsors and administrators. Recent international climate change conferences (COP26 and COP27) have committed national governments to climate-related actions including increasingly aggressive emissions reduction targets. At the same time\, environmental and social activism continues to place pressure on pension plan fiduciaries and other institutional investors to give greater weight to ESG factors in their decision-making. \nThe experts on this panel will consider the myriad challenges and opportunities presented by the evolving relationship between pension plans and ESG considerations\, addressing questions that include the following: \n\nHow has the national and global context relating to climate change evolved since the 2015 Paris Climate Accord? How have pension plan sponsors and administrators responded?\nTo what extent do pension plan administrators’ common law fiduciary duties require them to factor ESG considerations into their investment-related decision-making? Do those duties permit administrators to take ESG considerations into account for any purpose other than financial gain? Does the answer depend on plan terms or type of plan?\nHow have recent decisions from other jurisdictions addressed pension fiduciaries’ responsibilities in respect of ESG considerations?\nWhat are the current legislative and regulatory requirements regarding ESG disclosure\, and taking into account ESG considerations\, across Canadian jurisdictions? What changes are in prospect?\nWhat level of familiarity should pension plan board members have with ESG-related issues?\nWhat weight\, if any\, should be given to the views of pension plan members regarding the content of the plan’s investments? Is there scope for increasing activism by individuals or groups to force change in this regard?\n\nBreak 1:50 p.m. – 1:55 p.m. ET \nPanel 5 - Locking in Privacy Protections: Requirements and best practices for cybersecurity in pension administration1:55 p.m. – 3:10 p.m. ET\nLocking in Privacy Protections: Requirements and best practices for cybersecurity in pension administration\n\n\nEvan Howard\nChief Legal & Regulatory Affairs Officer\nCAAT Pension Plan\n\nDavid Bartucci\nHead Stakeholder Relations and Special Projects Pensions Financial Services\nRegulatory Authority of Ontario\n\nBenjamin Fung\nCanada Research Chair in Data Mining for Cybersecurity and School of Information Studies Professor\nMcGill University\n\nMichelle Desnoyers\nCorporate Information Security Officer\nAlberta Pensions Services Corporation\n\nPension plan administrators are major custodians of personal and financial information. As plans’ reliance on information technology (IT) infrastructure to store member data and process transactions increases\, so do the risks relating to cybersecurity. A cybersecurity incident affecting a pension plan has the potential to inflict significant legal and reputational consequences. More broadly\, regulators across Canada have signalled that administrators must actively monitor and manage cybersecurity risks. \nThis panel will examine the legal landscape on cybersecurity and propose strategies for assessing and mitigating cybersecurity risk. Questions to be addressed include the following: \n\nHow do pension plan administrators’ fiduciary duties interact with cybersecurity concerns? To what extent does pension benefits legislation impose additional requirements relating to cybersecurity?\nWhat bearing do federal and provincial privacy statutes have on plan administrators’ obligations in relation to cybersecurity risk? What impact would administrators face following from the proposed federal Digital Charter Implementation Act\, 2022?\nWhat regulatory guidance has been issued to date regarding cybersecurity for pension plans? What developments are on the horizon?\nHow should a prudent pension plan administrator assess a plan’s cybersecurity risk? From a governance perspective\, what governance policies and processes should be established to help manage this risk?\nWhat steps must a pension plan administrator take following a cybersecurity incident?\n\nDay 2 closing remarks – 3:10 p.m. – 3:15 p.m. ET \nCPDThis program has been approved by CPHR Alberta for 6.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/national-pensions-conference/
LOCATION:Virtual Event
CATEGORIES:Conference
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/national-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230411T123000
DTEND;TZID=UTC:20230411T140000
DTSTAMP:20260404T155054
CREATED:20230321T234230Z
LAST-MODIFIED:20230404T044502Z
UID:6508-1681216200-1681221600@lancasterhouse.com
SUMMARY:Watching the Clock: Examining "time theft\," performance\, and productivity in the contemporary workplace
DESCRIPTION:Moderators\n\n \nDavid Conway\nAdjudicator\, Arbitrator\, Mediator and Independent Counsel \n\n\nSpeakers\n\n \nEleni Kassaris\nEmployer Counsel\nDentons \n\n\n \nChris Bryden\nUnion Counsel\nRyder Wright Blair & Holmes \n\n\nIssuesWhen employees conduct personal matters at work\, are they subject to discipline or dismissal for “time theft”? Are employers permitted to track employee activity to ensure that wages reflect hours worked? In this webinar\, experts will provide practical advice on the scope and limits of employer surveillance and responses to employee “time theft.” Specifically\, panelists will address. \n\nWhat constitutes employee “time theft”?\nWhat is the impact of the Personal Information Protection and Electronic Documents Act and proposed changes in the federal Digital Charter Implementation Act\, 2022 (Bill C-27)\, on the legality of employer surveillance?\nWhen assessing the reasonableness of employer surveillance\, is the nature of the workplace relevant? Is the sensitivity of the information relevant?\nDoes an employer need reasonable suspicion of “time theft” before introducing surveillance?\nWhat balance are adjudicators striking between an employer’s right to ensure productivity and an employee’s right to privacy? Is the scope of surveillance different for remote workers?\nWhat disciplinary measures have adjudicators and arbitrators found appropriate for “time theft”?\nAre there any limits to an employer’s retention of employee information obtained through surveillance? Are employers\, arbitrators\, and adjudicators permitted to use previously tracked information?\nHow should workplace policies and collective agreements best address “time theft”?\n\nAccreditationCPD\n\n\nThis 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).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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.
URL:https://lancasterhouse.com/event/watching-the-clock-examining-time-theft-performance-and-productivity-in-the-contemporary-workplace/
LOCATION:Virtual Event
CATEGORIES:Webinar
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BEGIN:VEVENT
DTSTART;TZID=UTC:20230330T123000
DTEND;TZID=UTC:20230330T140000
DTSTAMP:20260404T155054
CREATED:20230314T035643Z
LAST-MODIFIED:20230322T223516Z
UID:6209-1680179400-1680184800@lancasterhouse.com
SUMMARY:Ties That Bind: Accommodating family status and caregiving obligations
DESCRIPTION:Moderators\n\n \nDavid Yazbeck\nDirector\, National Labour Relations\nPIPSC \n\n\n \nNoella Martin\nEmployer Counsel\nWickwire Holm \n\n\nSpeakers\n\n \nMelanie Vipon\nEmployer Counsel\nGall Legge Grant Zwack \n\n\n \nChris Bryden\nUnion Counsel\nRyder Wright Holmes Bryden Nam LLP \n\n\nIssuesWorkplace policies and practices that fail to account for family-related concerns and caregiving obligations may lead to dissatisfied employees and claims of human rights violations. The following topics will be addressed: \n\nWhat obligations does an employer have to develop policies which prevent discrimination based on family status? What obligations do unions have in preventing and addressing such discrimination?\nWhat forms of caregiving fall under the protective umbrella of family status accommodation?\nWhat qualifies as “undue hardship” for an employer when it comes to family status accommodation?\nIs family status accommodation only an obligation once employees have demonstrated that they have exhausted alternative options?\nHow do different jurisdictions across the country determine whether discrimination based on family status has occurred?\nWhat critical facts should employers consider when integrating family status accommodations into their policies?\n\nCPD\n\nThis program has been approved by CPHR Alberta for 9.5 Continuing Professional Development hours.\n\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 9.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider counting this program for 9.5 Continuing Professional Development hours per session.\nThis program has been approved by CPHR BC & Yukon for 9.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 9.5 Continuing Professional Development hours.\nThis program has been approved for 9.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nThis program has been approved by the Law Society of British Colombia for 9.5 Continuing Professional Development hours.\n\nAdditional Information\n\nThis program has been approved by CPHR Alberta for 9.5 Continuing Professional Development hours.\n\n\n\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 9.5 Continuing Professional Development hours.\n\n\n\nMATERIALS\nValuable\, 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. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar 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. \nThe 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. \n\nMembers of the Law Society of New Brunswick may consider counting this program for 9.5 Continuing Professional Development hours per session.\nThis program has been approved by CPHR BC & Yukon for 9.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 9.5 Continuing Professional Development hours.\nThis program has been approved for 9.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nThis program has been approved by the Law Society of British Colombia for 9.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/ties-that-bind-accommodating-family-status-and-caregiving-obligations/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-ties-that-bind.jpg
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BEGIN:VEVENT
DTSTART;TZID=UTC:20230327T080000
DTEND;TZID=UTC:20230329T154500
DTSTAMP:20260404T155054
CREATED:20230301T231918Z
LAST-MODIFIED:20240723T152331Z
UID:5849-1679904000-1680104700@lancasterhouse.com
SUMMARY:Vancouver Human Rights and Accommodation Conference
DESCRIPTION:Conference Co-Chairs\n\n \nJessica Gregory\nArbitrator/Mediator \n\n\n \nNatasha Jategaonkar\nEmployer Counsel\nMathews\, Dinsdale & Clark \n\n\n \nHasan Alam\nStaff Lawyer\nB.C. General Employees’ Union \n\n\nConference Advisory Committee\n\n \nRyan Goldvine\nMediator/Arbitrator\nGoldvine Dispute Resolution Services \n\n\n \nLaura Track\nHuman Rights Clinic Director and Director of Public Legal Education\nCommunity Legal Assistance Society \n\n\n \nKristen Woo\nLegal Counsel\nBritish Columbia Public School Employers’ Association \n\n\n \nJeff A. Bastien\nEmployer Counsel\nDentons \n\n\n \nAngela Wong\nCounsel\nHospital Employees’ Union \n\n\n \nDal Benning\nGeneral Vice-President\nCUPE BC \n\n\nMonday\, March 27\, 2023Breakfast and Registration 8:00 AM – 9:00 AM PST\nIntroductory remarks by Co-Chairs 9:00 AM – 9:10 AM PST \n Pre-Conference Workshop - Difficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n9:00 a.m. – 5:00 p.m. PST\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n\n\nMegan Ashbury\nArbitrator\, Mediator and Workplace Investigator\n\nDr. Izabela Schultz\nCortex Centre for Advanced Assessment\n\nMelissa VanderHouwen\nUnion Cousel\nMoore Edgar Lyster LLP\n\nVeronica Ukrainetz\nEmployer Counsel\nUkrainetz Workplace Law Group\n\nAccommodating an employee with a disability can become difficult when the employee’s disability affects the employee’s judgment\, perceptions\, and ability to cooperate. Unfortunately\, mental health disabilities\, including mood disorders\, can often affect precisely those faculties that they require to participate in the accommodation process. Accommodating neurodivergent employees can also prove difficult to employer and union representatives unaccustomed to the differences in communication and social behaviour characteristic of autism spectrum disorders. \nWorking through interactive exercises and realistic scenarios with the guidance of experts\, participants will develop the knowledge and skills necessary to: \nAppreciate how common disabilities may affect a worker’s ability to participate in the accommodation process\nCommunicate effectively with defensive workers and those in denial\nFulfil union and management legal obligations when workers are unwilling or unable to participate in the accommodation process\nIdentify when the point of undue hardship in reached \nTuesday\, March 28\, 2023Breakfast and Registration 8:00 AM – 9:00 AM PST\nIntroductory remarks by Co-Chairs 9:00 AM – 9:10 AM PST \nPanel 1 - Human Rights Headlines: The latest caselaw and legislative developments\n9:15 a.m. – 10:40 a.m. PST\nHuman Rights Headlines: The latest caselaw and legislative developments\n\n\nJessica Derynck\nMember\nBC Human Rights Tribunal\n\nShirin Kiamanesh\nUnion Counsel\nKoskie Glavin Gordon\n\nJames Kondopulos\nEmployer Counsel\nRoper Greyell LLP\n\nIn this session\, experts will review the most important legal developments of the past year\, flagging significant litigation and legislative reform. Topics to be addressed include workplace discrimination and harassment\, substance use\, and requests for accommodation. Other updates to be discussed include the introduction of the Indigenous Self-Government in Child and Family Services Amendment Act and the Anti-Racism Data Act\, in addition to relevant changes to the Workers’ Compensation Act. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nBreak 10:40 AM – 10:55 AM PST \nPanel 2 - A Legislative Milestone: The addition of Indigenous Identity to the BC Human Rights Code\n10:55 a.m. - 11:45 a.m. PST\nA Legislative Milestone: The addition of Indigenous Identity to the BC Human Rights Code\n\n\nPatricia Barkaskas\nStrategic Advisor to the Dean for the National Centre for Indigenous Laws\nUniversity of Victoria\n\nShelley Saje Ricci\nCanadian Union of Public Employees\n\nJoshua Sutherland\nEmployer Counsel\nHarris & Company LLP\n\nIndigenous identity is now a ground protected from discrimination in the B.C. Human Rights Code. In this session\, experts will closely examine the history\, significance\, and ramifications of this development\, including the ways in which it advances reconciliation in the province. \nNetworking Lunch 11:45 AM – 1:00 PM PST \nPanel 3 - Disabilities That Elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n1:00 p.m. - 2:15 p.m. PST\nDisabilities That Elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n\n\nWolfgang Zimmermann\nPresident\, Pacific Coast University for Workplace Health Sciences Executive Director\,\nNational Institute of Disability Management and Research\n\nJodie Gauthier\nUnion Counsel\,\nBlack Gropper\n\nJodie Gauthier\nEmployer Counsel\nRoper Greyell\n\nWorkplace 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: \n\nWhat are common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion”? Why does “Long COVID” fall within this list?\nWhat medical evidence is an employer legally permitted to request in order to establish an employee’s right to accommodation in such cases? Is a definitive diagnosis\, or “objective evidence\,” necessary to establish an invisible disability?\nHow can employers and unions effectively formulate requests for medical information in cases where an employee’s condition cannot be confirmed using an objective diagnostic test? What types of information should employees request from doctors in such cases?\nWhen 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?\nHow do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?\nHow might eligibility requirements for short- and long-term disability insurance programs pose additional complications in such cases? Where an employee has been denied disability benefits\, and that denial is later held to be improper\, which party will be liable for the denial?\nWhat types of accommodations may be of assistance to an employee suffering from persistent symptoms such as pain\, fatigue\, or cognitive difficulties? For example: What will help individuals coping with Long COVID? How can employers and unions cooperate to accommodate individuals with multiple chemical scent sensitivities?\n\nBreak 2:15 PM – 2:30 PM PST \nPanel 4 - Fluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplace\n2:30 p.m. - 3:45 p.m. PST\nFluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplace\n\n\nDr. Renée-Louise Franche\nClinical psychologist\, Consultant in\nWork Ability Promotion and Organizational Health\n\nLani deHek\nManager\, Disability Management & Health and Safety\nBC Nurses’ Union\n\nJackie Davie\nAssociate Director\, Wellness & Recovery Office\nSimon Fraser University\n\nEmployees living with episodic disabilities often experience fluctuations in wellness\, which may lead to a decline in workplace performance and increased absenteeism. In this panel\, experts will explore accommodation procedures for employees with episodic disabilities. Specifically\, panelists will address: \n\nWhat questions are appropriate regarding an employee’s episodic disability? When do requests for medical information amount to discrimination or harassment?\nCan an employer inquire into whether an employee’s atypical workplace behaviours or schedules are related to the employee’s episodic disability?\nIs an employer entitled to request medical information from an employee on an ongoing basis? How can an employer balance its interest in requesting medical information with an employee’s right to privacy?\nWhat steps must unions take to satisfy their duty of fair representation for members with episodic disabilities?\nIn what circumstances have arbitrators or judges found that employers or unions have not met their duty to accommodate?\nWhat are best practices in accommodating an employee who requires modified work?\nWhat steps should an employer take when accommodating and communicating with an employee returning from disability leave?\nWhat proactive policies should employers and unions develop to meet their duties to accommodate?\n\nNetworking Reception 3:45 PM – 5:00 PM PST \nWednesday\, March 29\, 2023Breakfast and Registration 8:00 AM – 9:00 AM PST\nIntroductory remarks by Co-Chairs 9:00 AM – 9:10 AM PST \nPanel 5 - Investigations under the Magnifying Glass: A close look at significant developments\n9:15 a.m. – 10:30 a.m. PST\nInvestigations under the Magnifying Glass: A close look at significant developments\n\n\nTonie Beharrell\nLawyer and Workplace Investigator\nSouthern Butler Price LLP\n\nMenachem Freedman\nUnion Counsel\nHHGB Lawyers\n\nVictoria Merritt\nEmployer Counsel\nDentons\n\nWorkplace 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: \n\nWhat lessons can be drawn from recent cases about the scope of an employer’s investigation\, taking into account the need to preserve a fair\, adequate\, and effective investigation process?\nWhat are the most crucial components of an anti-harassment policy? How can an organization adequately monitor its policies for effectiveness?\nHow do unconscious and implicit biases impact human rights investigations in the workplace? And what can be done to avoid them?\nHow can investigators\, in the fact-finding and report-writing process\, address pervasive systemic discrimination in the workplace?\nHow does adopting a trauma-informed approach to conducting witness interviews affect the efficacy of the investigation?\nWhat 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?\nTo what extent is diligent reporting and record-keeping essential for an investigation? What are best practices for drafting investigation reports?\n\nBreak 10:30 AM – 10:45 AM PST \nPanel 6 - Promoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n10:45 a.m. - 12:00 p.m. PST\nPromoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n\n\nKoml Kandola\nArbitrator and Mediator\n\nEarl Moloney\nStaff Representative\nB.C. General Employees’ Union\n\nJessica Fairbairn\nEmployer Counsel\nHarris & Company LLP\n\nPromoting equity at work requires a commitment from workplace actors to remove barriers to participation and success\, to proactively support inclusion\, and to ensure that measures do not\, in fact\, perpetuate discriminatory practices. In this session\, expert panelists will offer attendees practical guidance on topical issues including the value of anti-racist approaches\, improving equity in recruitment and retention (and the related role of preferential equity programs)\, the practical impacts of non-disclosure agreements\, and the promises and perils of disaggregated data and artificial intelligence in advancing workplace equity. \nNetworking Lunch 12:00 PM – 1:00 PM PST \nPanel 7 - Off-the-Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace\n1:00 p.m. - 2:15 p.m. PST\nOff-the-Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace\n\n\nLindsay Waddell\nUnion counsel\nMoore Edgar Lyster LLP\n\nDonovan Plomp\nEmployer Counsel\nMcCarthy Tétrault\n\nEmployees with differing perspectives and beliefs nonetheless need to work collegially in the workplace. In this panel\, experts will examine the responsibilities of an employer and union in ensuring appropriate employee conduct\, both inside and outside the workplace. Topics to be addressed include: \n\nWhat are best practices for employers and unions to balance an employee’s Charter rights and freedom of expression with a workplace that remains free from discrimination and harassment?\nWhat are best practices for employers and unions in preventing workplace bullying and harassment? Should workplace training include off-duty conduct?\nHow can employers and unions best respond to problematic employee behaviour in a virtual working environment?\nCan an employer limit an employee’s political speech at work? What constitutes political speech?\nCan an employee face discipline for verbal statements\, online commentary\, or conduct outside of work hours? Is an employer justified in disciplining an employee whose off-duty conduct reflects that employee’s workplace behaviours?\nDoes an employer\, union\, or employee have a duty to report a controversial online statement by another employee? How relevant is the “location” of the statement\, i.e. the online platform where the statement is made?\nWhat are the duties of a union in representing members facing consequences from expressing unpopular beliefs or opinions in the workplace? Is the union’s duty different if the member is being disciplined for expressions or comments made outside the workplace or online?\nWhat are best practices for unions and employers where an employee or member alleges that workplace management has engaged in inappropriate or controversial comments or behaviours? Is a different duty owed when the conduct occurs outside the workplace or online?\n\nBreak 2:15 PM – 2:30 PM PST \nPanel 8 - Is Privacy a Human Right? The evolution of Code-based rights in a technological world\n2:30 p.m. - 3:45 p.m. PST\nIs Privacy a Human Right? The evolution of Code-based rights in a technological world\n\n\nJeanette Van Den Bulk\nDeputy Commissioner\nOffice of the Information and Privacy Commissioner of British Columbia\n\nStefanie Ratjen\nStaff Representative\, Advocacy\nBC General Employees’ Union\n\nPreston Parsons\nOverholt LLP\n\nShould employee privacy be recognized as a human right in response to evolving monitoring technologies? In this panel\, experts will discuss best practices in balancing employee privacy with the prevalence of modern technologies in the workplace. Specifically\, panelists will address: \n\nWhat changes does the federal Digital Charter Implementation Act\, 2022 (Bill C-27) propose regarding workplace electronic monitoring? How do these provisions in the proposed Act differ from the current Personal Information Protection and Electronic Documents Act and related provincial legislation?\nWhat consequences do monitoring technologies pose for employees’ privacy and human rights? What specific considerations do these technologies raise for remote workers?\nWhat key issues should employers and unions address in policies or collective agreement provisions governing employee privacy for in-person\, hybrid\, and remote workers?\nWhat suite of off-duty privacy rights and protections does an employee enjoy\, if any? What privacy rights\, if any\, are available to job applicants?\nWhat are best practices in soliciting employee consent to digital surveillance measures?\nWhat are best practices in tracking\, compiling\, and retaining employee information? How about job applicant information?\nHow have arbitral attitudes towards workplace privacy measures evolved in response to monitoring technologies?\n\nEnd of Conference 3:45 PM \nVancouver HRA Conference CPD\n\nThis program has been approved by CPHR Alberta for 9.5 Continuing Professional Development hours.\n\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 9.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider counting this program for 9.5 Continuing Professional Development hours per session.\nThis program has been approved by CPHR BC & Yukon for 9.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 9.5 Continuing Professional Development hours.\nThis program has been approved for 9.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nThis program has been approved by the Law Society of British Colombia for 9.5 Continuing Professional Development hours.\n\nVancouver HRA Workshop CPD\n\nThis program has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 5.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider counting this program for 5.5 Continuing Professional Development hours per session.\nThis program has been approved by the Law Society of British Colombia for 5.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/vancouver-human-rights-and-accommodation-conference/
LOCATION:The Hyatt Regency Vancouver\, 655 Burrard Street.\, Vancouver\, B.C.\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
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BEGIN:VEVENT
DTSTART;TZID=America/New_York:20230310T090000
DTEND;TZID=America/New_York:20230310T170000
DTSTAMP:20260404T155054
CREATED:20230303T004106Z
LAST-MODIFIED:20230310T192701Z
UID:5943-1678438800-1678467600@lancasterhouse.com
SUMMARY:Intensive Mediation Workshop
DESCRIPTION:In association with:Upon completion of this program\, participants will receive a certificate of completion and a digital credential from Toronto Metropolitan University. \nProgram Leader\nDaphne Taras\nDean\, Ted Rogers School\nToronto Metropolitan University \nThis intensive professional learning program is designed to develop the advanced dispute resolution skills that labour relations professionals need in order to be successful in their roles. Participants will have the opportunity to observe dispute resolution techniques used by experienced professional mediators — and to use those techniques as they attempt to resolve a workplace dispute. To make the simulation as realistic as possible\, professional actors will play the role of the aggrieved party. \nAimed at labour relations professionals with basic to intermediate knowledge of mediation and workplace dispute resolution techniques\, this session aims not to create professional mediators but to equip participants with the knowledge and skills necessary to: \n\nDefuse tensions and manage workplace conflict\,\nResolve grievances without resorting to lengthy and expensive arbitration processes\, and\nMake effective use of informal and formal mediation as a management or union representative.\n\nWho is this program designed for? \n\nLabour relations professionals with 3 or more years of experience working full-time for an employer or a union\, including:\n\nHuman resources professionals\,\nLabour relations officers\,\nLocal union leadership\,\nManagers\, and\nUnion staff\n\n\nLabour and employment lawyers in their first 5 years of practice\nGraduates of the Lancaster House–Toronto Metropolitan University Labour Relations Certificate Program\n\nTo ensure interactivity as well as opportunities for skill-building and personalized feedback\, spaces in this program are extremely limited. We hope you’ll join us. \nIntensive Mediation Workshop CPD\n\nThis program has been approved for 6.5 Continuing Professional Development hours per session under Section A3 of the Recertification Log of the Human Resources Professionals Association.\n\n\nThis program has been approved by CPHR Alberta for 6.5 Continuing Professional Development hours.\n\n\n \n\nMembers of the Law Society of New Brunswick may consider counting this program for 6.5 Continuing Professional Development hours per session.
URL:https://lancasterhouse.com/event/intensive-mediation-workshop/
LOCATION:TRSM Building\, 55 Dundas Street W\, Toronto\, ON\, M5G 2C3\, Canada
CATEGORIES:Professional Learning Program
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