Lancaster House

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

Michael Sherrard
Employer Counsel
Sherrard Kuzz LLP

Nini Jones
Union Counsel
Jones Pearce LLP

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

Casey Dockendorff
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Andrew Hall
Consultant
Hall Labour Relations Services Professional Corporation

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

Gavin Leeb
General Counsel
University of Toronto Faculty Association

Labour Arbitration and Policy ConferenceConference Co-Chairs

Marcia Barry
Legal Counsel
Ontario English Catholic Teachers’ Association

Edith Bramwell
Chairperson
Federal Public Sector Labour Relations and Employment Board

Daniel Wong
Employer Counsel
WeirFoulds LLP

Conference Advisory Committee

Shiran Brener
Counsel
Ontario Treasury Board Secretariat

Sarah Crossley
Employer Counsel
Filion Wakely Thorup Angeletti LLP

Ron Franklin
Union Counsel
Franklin Law

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

Marilyn Nairn
Arbitrator

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

Robert Kavcic
Senior Economist and Director of Economics
BMO

Angella MacEwen
Senior Economist
CUPE

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

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

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

Christopher Pigott
Employer Counsel
Fasken Martineau

Elizabeth Keenan
Employer Counsel
Mathews Dinsdale

Kirsty Niglas-Collins
Union Counsel
Unified LLP

Aleisha Stevens
Union Counsel
CaleyWray

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

Armine Yalnizyan
Economist

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

Sundeep Gokhale
Employer Counsel
Sherrard Kuzz

Cheryl Wiles Pooran
Employer Counsel
PooranLaw

Mary Claire Bass
Employer Counsel
Bass & Associates

Nicole Gauthier
Executive Officer and Chief Negotiator
OSSTF Toronto

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

Emily Home
Union Counsel
Ursel Phillips Fellows Hopkinson LLP

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

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

Craig Lawrence
Employer Counsel
Dentons

Lauren Pearce
Union Counsel
Jones Pearce

Shannon Devine
Department Head, Communications and Political Action
USW

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

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

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

Paul Meier
Counsel
Ontario Treasury Board Secretariat

Erin Porter
Employer Counsel
Fasken

Chris Dassios
General Counsel
Power Workers’ Union

Jorge Hurtado
Union Counsel
Morrison Watts

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

John McNamee
Arbitrator

Amanda Hunter
Employer Counsel
Hunter Liberatore Law LLP

Michael Hancock
General Counsel
UFCW 1006a

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

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

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

Lisa Goodfellow
Employer Counsel
Miller Thompson

Jerry Raso
Legal Counsel
Ontario English Catholic Teachers’ Association

Kevin Banks
Arbitrator

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

Yola Grant
Arbitrator/Mediator

Kathryn Bird
Employer Counsel
Ogletree Deakins

Jane Mulkewich
Legal Director
UFCW Local 175

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

What do recent decisions suggest about how arbitral approaches are evolving with respect to discrimination and harassment claims? Are damage awards increasing? Is there a greater willingness to impose discipline?
How does systemic discrimination influence decisions about how grievances are handled, including which should proceed to arbitration?
How have arbitrators applied the Supreme Court of Canada’s decision in Northern Regional Health Authority v. Horrocks when determining whether they have jurisdiction to hear a discrimination or harassment grievance?
What evidence must be presented at arbitration to establish discrimination and harassment claims? What are best practices when presenting this evidence? When is it necessary or appropriate to present expert evidence – for example, on unconscious or implicit biases?
Should parties use non-disclosure agreements or clauses when settling discrimination- or harassment-related grievances? Is legislative prohibition of NDAs a likely prospect?
What policy updates should employers and unions implement to address discrimination and harassment claims and ensure that such grievances are not improperly prevented from reaching arbitration?

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

Andrew Hall
Consultant
Hall Labour Relations Services Professional Corporation

Norman Jesin
Arbitrator

Jeffrey Sack
Labour Relations Counsel

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

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

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

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

Labour Arbitration and Policy Conference CPD

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

Workshop CPD

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

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

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

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

Conference Advisory Committee

Renzo Del Negro
Director of Human Resources
City of Coquitlam

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

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

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

Labour Arbitration and Policy ConferenceConference Co-Chairs

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

Clayton Jones
Employer Counsel
Fasken Martineau DuMoulin LLP

Gabriel Somjen
Arbitrator/Mediator

Conference Advisory Committee

Ryan Copeland
Employer Counsel
Roper Greyell LLP

Patricia Deol
Union Counsel
Koskie Glavin Gordon

Jennifer Glougie
Chair
British Columbia Labour Relations Board

Jay Sharun
Chief Executive Officer
National Collective Bargaining Institute

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

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

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

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

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

David Williams
Vice President of Policy
Business Council of British Columbia

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

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

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

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

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

Steven Rogers
Union Counsel
Victory Square Law Office LLP

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

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

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

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

Eric Ito
Employer Counsel
Cooperwilliams Truman LLP

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

Jadine (Jay) Lannon
Union Counsel
Forte Law

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

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

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

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

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

Lynsey Gaudin
Employer Counsel
MLT Aikins

Will Clements
Union Counsel
Koskie Glavin Gordon

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

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

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

Danny Bernstein
Employer Counsel
Roper Greyell LLP

Jitesh Mistry
Labour Arbitrator/Mediator
Mistry ADR

Sara Malkin
Employer Counsel
Mathews Dinsdale & Clarke LLP

Jeff Sanders
Union Counsel
Victory Square Law Office LLP

Kirby Smith
Union Counsel
Koskie Glavin Gordon

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

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

Marino Sveinson
Employer Counsel
Pulver Crawford Munroe

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

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

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

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

Jessica Gregory
Arbitrator, Mediator and Investigator

Robyn Trask
General Counsel
BC Teachers’ Federation (BCTF)

Jennifer Wiegele
Employer Counsel
Mathews, Dinsdale & Clark LLP

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

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

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

Richard Coleman
Arbitrator/Mediator

Michela Fiorido
Employer Counsel
Harris & Co.

Sebastien Anderson
Union Counsel
Labour Rights Law

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

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

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

Eric Ito
Employer Counsel
Cooperwilliams Truman LLP

John McConchie
Arbitrator/Mediator

Tamara Ramusovic
Union Counsel
Moore Edgar Lyster LLP

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

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

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

Leanne Bowes
Executive Director
BC Public School Employers’ Association

Jeremy Bryant
Union Counsel
Banister & Company

Amanda Rogers
Arbitrator, Mediator, Lawyer

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

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

CPDBargaining in the Broader Public Sector Conference CPD

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

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

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

Vancouver Labour Arbitration and Policy Conference CPD

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

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

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

Bargaining in the Broader Public Sector Workshop CPD

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

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

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

Vancouver Labour Arbitration and Policy Workshop CPD

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

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

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

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

Sean Ryan
Vice Chair
Workplace Safety and Insurance Appeals Tribunal

Carissa Tanzola
Employer Counsel
Filion Wakely Thorup Angeletti

Maryth Yachnin
Worker Counsel
IAVGO Community Legal Clinic

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

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

CPD

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

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

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

Scott Streiner
Arbitrator/MediatorADR Chambers

Speakers

Judith Parisien
Employer Counsel
Fasken

Aaron Lemkow
Legal Officer
Public Service Alliance of Canada

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

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

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

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

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

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

Chantel Kassongo
Employer Counsel
Neuman Thompson

Cherie Langlois-Klassen
Union Counsel
Blair Chahley Klassen

Conference Advisory Committee

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

Cory Galway
Lead Negotiator
Alberta Health Services

Rory Gill
President
CUPE Alberta

Carl Soderstrom
Executive Director
Alberta Union of Provincial Employees

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

Ruth Strong
Senior Negotiator
City of Edmonton

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

Joseph Marchand
Professor, Economics
University of Alberta

Catherine Rothrock
Chief Economist
Alberta Treasury Board and Finance

Neil Hepburn
Economist, Teacher Welfare
Alberta Teachers’ Association

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

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

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

Teresa Haykowsky
Employer Counsel
McLennan Ross

Jacqueline L. Lacasse
General Counsel
University of Calgary

Bill Rigutto
Union Representative
Alberta Union of Provincial Employees

Patrick Nugent
Union Counsel
Nugent Law

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

Adam Cembrowski
Union Counsel
Nugent Law Office

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

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Kate Robinson
Negotiator
Alberta Union of Provincial Employees (AUPE)

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

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

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

Nicole Denier
Assistant Professor
University of Alberta

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

Leanne Chahley
Union Counsel
Blair Chahley Klassen

In this session, expert panelists will provide guidance on addressing, through collective bargaining, rapidly progressing technology, increased monitoring and surveillance capabilities, and resulting privacy implications for the workplace. Panelists will address questions including:

Are concerns about the impact of artificial intelligence (“AI”) on work overblown? Is this technological advance different from previous technological revolutions that raised concerns about mass unemployment and dehumanization of work? Which jobs and sectors are expected to be most affected?
What key impacts resulting from the use of AI in workplaces should be addressed through collective bargaining? What lessons can be learned from language introduced to address past technological developments?
Will human resources be taken over by “algorithmic management,” defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment, assessing employee performance, or even making decisions regarding termination of employment? How should parties address the potential use of algorithmic management in collective agreements?
How have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity or performance, such as biometric scanning, wearables, GPS tracking, and keystroke monitoring software? What lessons can be learned from these decisions when negotiating collective agreement language?
Do employers have a right to engage in off-duty surveillance of employees through digital or technological means? If so, can this right be limited through collective agreement language?
Are employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? How much say do unions and their members currently have in what employee information employers collect and how it is used? How can collective bargaining provisions address these issues?

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

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

Chantel Kassongo
Employer Counsel
Neuman Thompson

Maryna McTague
Union Counsel
Seveny Scott

Finding the common ground that makes negotiation of a collective agreement possible can be a difficult process at the best of times. However, when external factors such as funding cuts and government-imposed mandates seriously limit the options available to unions and employers, a normally difficult process can become nearly impossible. Is there a way to make the process easier, or to prevent parties from becoming so entrenched in their own positions and views such that agreement is impossible?
In this interactive full-day workshop, an experienced mediator along with two seasoned negotiators from both sides of the table will provide guidance on effectively using interest-based and other approaches to bargaining. Participants will learn to:

Use more productive strategies when engaged in positional bargaining;
Identify situations in which interest-based bargaining can be used effectively;
Communicate effectively to identify needs and interests underlying demands;
Generate creative options to solve tough problems; and
Build and preserve productive union-management relationships through bargaining.

CPDConference CPD

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

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

Workshop CPD

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

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

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

Margaret Tebbutt
Senior Consultant and Trainer
Workplace Mental Health

Program Faculty

Gretchen Brown
Union Counsel
British Columbia Teachers’ Federation

Stephanie Vellins
Employer Counsel
Harris & Co.

Lucette Wesley
Consultant and Trainer
Canadian Mental Health Association

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

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

CPD

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

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

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

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

Michael Lomax
Mediator

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

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

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

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

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

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

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

Ronni Nordal
Arbitrator
Nordal Law

Speakers

Matthew Certosimo
Employer Counsel
Borden Ladner Gervais LLP

Jessica Burke
Union Counsel
Black Gropper

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

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

AccreditationCPD

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

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

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

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

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

Annie McKendy
Arbitrator, Mediator, and Investigator

Caroline Richard
Employer Counsel
Bird Richard

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

Conference Advisory Committee

Christopher Edwards
Employer Counsel
Soloway Wright

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

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

Alison Longmore
Union Counsel
Jewitt McLuckie & Associates LLP

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

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

Craig Stehr
Employer Counsel
Gowling WLG

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

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

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

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

Dina Mashayekhi
Union Counsel
Jewitt McLuckie

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

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

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

Stan Kutcher
Senator
Senate of Canada

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

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

Jena Montgomery
Counsel
Treasury Board Secretariat Legal Services
Department of Justice

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

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

David Jewitt
Arbitrator/Mediator
Jewitt Arbitration

Kyle Van Schie
Employer Counsel
Soloway Wright

Christine Johnson
Union Counsel
Champ and Associates

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

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

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

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

Andrew Vey
Employer Counsel
Willets Vey

Laura Ross
Bilingual Senior Officer
Legal Branch CUPE

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

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

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

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

David Patacairk
Legal Counsel
City of Ottawa

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

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

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

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

Ian Mackenzie
Arbitrator/Mediator

Heather Cameron
Employer Counsel
Norton Rose Fulbright

Natasha Udell
In-House Legal Counsel
Ontario Provincial Police Association

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

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

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

Katherine Cotton
Lawyer and Workplace Investigator

Christopher Edwards
Employer Counsel
Soloway Wright

Jennifer Duff
Union Counsel
Shields Hunt Duff Strachan

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

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

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

Goretti Fukamusenge
Board MemberFederal Public Sector Labour Relations and Employment Board

Dr. Darcy A Santor
PsychologistProfessorFaculty of Social SciencesUniversity of Ottawa

Sophie Arsenault
Employer CounselFasken

Nicole Butt
Manager of Litigation and Legal CounselOntario Nurses Association

Judith Parisien
Employer Counsel
Fasken

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

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

Conference CPD

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

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

Workshop CPD

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

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

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

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

Program Faculty

Holly McEwan
Union Counsel
Nugent Law

Laura Mensch
Employer Counsel
BLG

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

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

CPD

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

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

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

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

Amy Bradbury
Employer Counsel
Wickwire Holm

John McLuckie
Union Counsel
Jewitt McLuckie & Associates LLP

Speakers

Hossein Moghtaderi
Employer Counsel
Filion Wakely Thorup Angeletti

Dawid Cieloszczyk
Union Counsel
Koskie Glavin Gordon

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

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

AccreditationCPD

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

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

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

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

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

Devyn Cousineau
Vice-Chair, Case Management and Assignments
BCHRT

Speakers

Sharan Basran
Senior Executive of Legal and Counsel
Ontario Nurses Association

Kiersten Amos
Employer Counsel
McInnes Cooper

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

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

AccreditationCPD

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

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

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

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

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

Bruce Curran
Associate Professor, Faculty of LawUniversity of Manitoba

Chris Davidson
Senior Program Lawyer and Researcher

Jillian Houlihan
Union CounselPink Larkin

Colin Johnston
Mediator/Arbitrator

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

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

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

Dionne Pohler
Associate Professor, University of Saskatchewan

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

Jennifer Wootton
Lawyer & Workplace Investigator

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

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

Who should attend?

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

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

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

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

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

Cathy Knapp
Arbitrator/Mediator

Speakers

Meghan Burton
Organization Development Advisor
Mental Health Commission of Canada

Jack Brathwaite
Employer Counsel
Weaver Simmons

Sandy Donaldson
Legal Counsel
Ontario Nurses’ Association

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

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

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

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

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

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

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

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

Loretta Bouwmeester
Employer Counsel
Mathews, Dinsdale & Clark LLP

Wade Poziomka
Union Counsel
Ross & McBride

Conference Advisory Committee

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

Kelly Kwon
Associate Director, Employee Health and Wellness
Sheridan College

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

Jamie Jurczak
Employer Counsel
Taylor McCaffrey LLP

David Law
Employer Counsel
Law at Work

Malini Vijaykumar
Union Counsel
Nelligan Law

Dawid Cieloszczyk
Union Counsel
Koskie Glavin Gordon

Daniel Randazzo
Mediator and Arbitrator

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

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

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

Jane Storrie
Clinical Neuropsychologist
SVA

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

Shelly Bischoff
Founder and Director
Ptolemy & Associates Inc.

Ryan Conlin
Employer Counsel
Stringer LLP

Matt Hiltz
Executive Director and Chief Negotiator
New Brunswick Nurses Union

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

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

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

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

Dr. Arif Jetha
Scientist
Institute for Work & Health

Alanna Mihalj
Legal Counsel
Amalgamated Transit Union, Local 113

Alissa Demerse
Employer Counsel
Roper Greyell

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

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

Conference CPD

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

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

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

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

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

Karen Snowshoe
ArbitratorSnowshoe Law

Speakers

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

Veronica Rossos
Employer Counsel
Miller Thompson

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

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

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

AccreditationCPD

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

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

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

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

Additional InformationNOTICE: This webinar is LIVE only – no recordings will be available to download following the session.
REGISTRATION FEE
Live webinar – $100
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.

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

Ken Stuebing
Union Counsel
Caley Wray

Shana French
Employer Counsel
Sherrard Kuzz

Speakers

Gabriel Joshee-Arnal
Employer Counsel
Neuman Thompson

Carolyn Janusz
Union Counsel
Victory Square

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

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

AccreditationCPD

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

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

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

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

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

Anne Wallace
Arbitrator/Mediator

Speakers

Michael Fisher
Union CounselRaven Law

April Kosten
Employer CounselDentons

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

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

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

AccreditationCPD

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

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

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

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

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

Reg Pearson
Mediator

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

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

Who will benefit most from this program?

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

CPD

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

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

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

Keith Burkhardt
Employer Counsel
Sherrard Kuzz

Jessica Greenwood
Union Counsel
Ravenlaw

Speakers

Odessa O’Dell
Employer Counsel
Borden Ladner Gervais

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

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

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

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

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

AccreditationCPD

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

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

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

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

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

Madeleine Loewenberg
Lawyer, Investigator and Mediator

Speakers

Michael MacLellan
Employer Counsel
CCPartners

Jamie Burnet
Union Counsel
Pink Larkin

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

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

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

AccreditationCPD

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

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

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

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

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

Jonathan Chapnick
Lawyer, Adjudicator, and Investigator
Portage Legal Services

Speakers

Sarah Coderre
Employer Counsel
Bow River Law

Randy Slepchik
Union Counsel
Jewitt McLuckie

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

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

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

AccreditationCPD

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

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

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

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

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
REGISTRATION INFORMATION
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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

Jana Linner
Employer Counsel
MLT Aikins

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

Speakers

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

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

Lisa Goodfellow
Employer Counsel
Miller Thomson”

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

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

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

AccreditationCPD
Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.
Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
REGISTRATION INFORMATION
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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

Anne Gregory
Legal Counsel
Manitoba Nurses Union

Fae Johnstone
Executive Director
Wisdom2Action

Speakers

Tyler Boggs
Union Counsel
Cavalluzzo

Bonny Mak
Employer Counsel
Fasken

Marni Panas
Senior Manager, Diversity, Equity and Inclusion
ATCO

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

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

AccreditationCPD
Lancaster House provides professional education programs that qualify for CPD credit for human resources professionals, lawyers, and paralegals across Canada.
Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
REGISTRATION INFORMATION
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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

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

Wilson Chan
Employer Counsel
Mathews Dinsdale

Bill Rigutto
Union Rep
AUPE

Conference Advisory Committee

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

Daniel Shapiro
Arbitrator and Mediator

Kristan McLeod
Union Counsel, Chivers Carpenter

Karen Scott
Seveny Scott, Partner

Laura Mensch
Partner, BLG

Wes Scheuerman
Senior Labour Relations Advisor, Alberta Health Services

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

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

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

Melissa Luhtanen
Senior Legal Counsel
Alberta Human Rights Commission

Dotun Ogunfowora
Registered Psychologist
Insight Psychological & Renew Psychology

Tom Duke
Employer Counsel
Miller Thomson LLP

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

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

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

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

Bruce Graham
Employer Counsel
Fasken

Paulette DeKelver
Mediator
DeKelver Dispute Resolution

Ella Henry
Legal & Legislative Representative
Canadian Union of Public Employees

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

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

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

Leanne Young
Arbitrator
Resolve ADR

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

Will Cascadden
Employer Counsel
Gowling WLG

Karlan Modeste
Legal Counsel
British Columbia Teachers’ Federation

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

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

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

James Casey
Arbitrator
Field Law

Randy Goebel
Computer Science Professor
University of Alberta

Vicki Giles
Employer Counsel
McLennan Ross

Thomas Hesse
President
UFCW Local 401

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

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

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

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

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

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

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

Gordon Nekolaichuk
Vice-Chair
Alberta Labour Relations Board

Jean Torrens
Employer Counsel
MLT Aikins

Clayton Cook
Union Counsel
McGown Cook

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

Cheryl Yingst Bartel
Arbitrator/Mediator
Yingst Bartel ADR Inc.

Laura Dunnigan
Employer Counsel
Mathews Dinsdale & Clarke LLP

Tim Nessim
Labour Relations Officer
United Nurses of Alberta

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

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

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

Kristan McLeod
Managing Partner
Chivers Carpenter

Tim Mitchell
Employer Counsel
McLennan Ross

Mark Asbell
Arbitrator, Mediator, and Adjudicator
Asbell Dispute Resolutions

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

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

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

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

Jackie Laviolette
Employer Counsel
Matthews Dinsdale & Clarke

Adam Cembrowski
Union Counsel
Nugent Law

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

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

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

Monica Bokenfohr
Employer Counsel
Neuman Thompson

Maryna McTague
Union Counsel
Seveny Scott

Erika Ringseis
Senior Legal Counsel
Inhaus Legal

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

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

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

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

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

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

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

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

Kristan McLeod
Managing Partner
Chivers Carpenter

Tim Mitchell
Employer Counsel
McLennan Ross

Mark Asbell
Arbitrator, Mediator, and Adjudicator
Asbell Dispute Resolutions

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

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

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

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

Jackie Laviolette
Employer Counsel
Matthews Dinsdale & Clarke

Adam Cembrowski
Union Counsel
Nugent Law

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

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

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

Monica Bokenfohr
Employer Counsel
Neuman Thompson

Maryna McTague
Union Counsel
Seveny Scott

Erika Ringseis
Senior Legal Counsel
Inhaus Legal

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

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

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

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

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

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

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

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

Bruce Moffatt
Executive Director
Mediation Services, Alberta Government

Robert S. Abells
Arbitrator

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

Karen Thibault
Union Counsel, Disuptes and Arbitrations
AUPE

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

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

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

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

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

Workshop CPD

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

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

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

Mark Hart
Arbitrator & Mediator

Speakers

Alissa Goldberg
Employee Counsel
KBA Partners

Isabelle Keeler
Employer counsel
Cox and Palmer

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

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

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

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

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

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

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

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

AccreditationCPD

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

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

This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
REGISTRATION INFORMATION
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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

Scott Steiner
Mediator and Arbitrator
ADR Chambers

Speakers

Leanne Monsma
Employer Counsel
Fasken

Kelly Nicholson
Privacy Officer
Field Law

oline Twiss
Deputy Commissioner and Deputy Registrar
OIPC

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

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

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

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

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

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

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

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

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

AccreditationCPD

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

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

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

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

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
REGISTRATION INFORMATION
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

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

Kelly VanBuskirk
Adjunct Professor,
University of New Brunswick

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

Identify the necessary steps in an investigation

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

Determine the appropriate mandate and scope of the investigation

Make sure investigations comply with applicable law

Ensure procedural fairness

Manage uncooperative and absent witnesses

Assess credibility and evidence

Address issues of confidentiality and privilege

Review comprehensive investigation reports

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

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

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

Edith Bramwell
Chairperson Federal Public Sector Labour Relations and Employment Board

Speakers

Alex Ognibene
Employer counsel
Fasken

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

Aubrey Gonsalves
Diversity Vice-President CUPE National

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

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

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

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

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

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

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

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

AccreditationCPD

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

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

This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.

Additional InformationMATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.
REGISTRATION FEE
Live webinar, video, and MP3 bundle – $440
Live webinar – $275
Video and MP3 – $275
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.
REGISTRATION INFORMATION
Webinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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

Cindy Lazar
Lawyer and Workplace Investigator
Taylor McCaffrey

Dayna Steinfeld
Union Counsel
Raven Law LLP

Nicole Smith
Management Counsel
Pitblado Law

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

Identify the necessary steps in an investigation

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

Determine the appropriate mandate and scope of the investigation

Make sure investigations comply with applicable law

Ensure procedural fairness

Manage uncooperative and absent witnesses

Assess credibility and evidence

Address issues of confidentiality and privilege

Review comprehensive investigation reports

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

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