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DTSTART;TZID=America/New_York:20230516T080000
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DTSTAMP:20260403T164511
CREATED:20230322T031803Z
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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:20260403T164511
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
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END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Los_Angeles:20230508T090000
DTEND;TZID=America/Los_Angeles:20230508T160000
DTSTAMP:20260403T164511
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
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END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230427T123000
DTEND;TZID=UTC:20230427T140000
DTSTAMP:20260403T164512
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
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END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230426T090000
DTEND;TZID=UTC:20230426T160000
DTSTAMP:20260403T164512
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:20260403T164512
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
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END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20230419T090000
DTEND;TZID=America/Toronto:20230419T123500
DTSTAMP:20260403T164512
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
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BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20230417T080000
DTEND;TZID=America/Toronto:20230418T154500
DTSTAMP:20260403T164512
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:20260403T164512
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
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BEGIN:VEVENT
DTSTART;TZID=UTC:20230411T123000
DTEND;TZID=UTC:20230411T140000
DTSTAMP:20260403T164512
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
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-watching-the-clock.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230330T123000
DTEND;TZID=UTC:20230330T140000
DTSTAMP:20260403T164512
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
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230327T080000
DTEND;TZID=UTC:20230329T154500
DTSTAMP:20260403T164512
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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DTSTART;TZID=America/New_York:20230310T090000
DTEND;TZID=America/New_York:20230310T170000
DTSTAMP:20260403T164512
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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