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CREATED:20230322T184039Z
LAST-MODIFIED:20230525T212311Z
UID:6637-1685622600-1685628000@lancasterhouse.com
SUMMARY:Interest Arbitration in Essential Services: Experts discuss key cases and critical concepts
DESCRIPTION:Moderator\n\n \nChris Albertyn\nArbitrator/Mediator \n\n\nSpeakers\n\n \nJeffrey Sack\, K.C.\nPresident\nLancaster House \n\n\n \nThomas Roper\nFounding Partner\nRoper Greyell \n\n\nInterest Arbitration ProgramIn this session\, seasoned experts will address key issues in interest arbitration\, examining trends in recent arbitration awards. Panelists will address questions including: \n\nWhen is government imposition of interest arbitration a violation of the Charter of Rights and when is it a requirement?\nIn what circumstances is essential services legislation compliant with the Charter and in what circumstances is it not?\nHow far can governments go in limiting selection of arbitrators and their arbitral discretion?\nWhat are the pros and cons of med-arb\, arb-med\, and tripartite arbitration?\nWhat do recent cases suggest about how arbitrators will apply the principles of replication\, demonstrated need\, and total compensation?\nIn recent awards\, how have concerns such as inflation\, the employer’s ability to pay\, and recruitment and retention issues impacted the determination of wage adjustments?\nHow have arbitrators dealt with substantive issues such as staffing? Contracting out? Health and safety concerns? Procedural issues such as late demands and interim orders? Evidentiary issues such as admissibility of proposals and packages exchanged during negotiations?\nIn what circumstances will the Labour Relations Board order first contract arbitration? How does legislation affect the threshold for intervention? Are the criteria applied by arbitrators in first contract arbitration different from those applied in arbitrating contract renewal disputes?\n\nAccreditationCPD\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved for Continuing Professional Development 1.5 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed. \nREGISTRATION FEE\nLive webinar – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for additional information.
URL:https://lancasterhouse.com/event/interest-arbitration-in-essential-services-experts-discuss-key-cases-and-critical-concepts/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-interest-arbitration.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/New_York:20230606T090000
DTEND;TZID=America/New_York:20230606T160000
DTSTAMP:20260610T004758
CREATED:20230322T195732Z
LAST-MODIFIED:20230523T165157Z
UID:6687-1686042000-1686067200@lancasterhouse.com
SUMMARY:Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions\, Manitoba
DESCRIPTION:Speakers\n\n \nCindy Lazar\nLawyer and Workplace Investigator\nTaylor McCaffrey \n\n\n \nDayna Steinfeld\nUnion Counsel\nRaven Law LLP \n\n\n \nNicole Smith\nManagement Counsel\nPitblado Law \n\n\nWorkplace investigations\, whether they are probing complaints of workplace harassment or other forms of workplace misconduct\, require processes that are fair and effective. Procedural errors can be costly\, resulting in irreparable harm to employees and reputational harm to employers. \nParticipants will leave this interactive session ready to: \n\n\n\nIdentify the necessary steps in an investigation\n\n\n\n\n\n\nDecide who should lead the investigation\, and whether an external investigator is required\n\n\n\n\n\n\nDetermine the appropriate mandate and scope of the investigation\n\n\n\n\n\n\nMake sure investigations comply with applicable law\n\n\n\n\n\n\nEnsure procedural fairness\n\n\n\n\n\n\nManage uncooperative and absent witnesses\n\n\n\n\n\n\nAssess credibility and evidence\n\n\n\n\n\n\nAddress issues of confidentiality and privilege\n\n\n\n\n\n\nReview comprehensive investigation reports\n\n\n\nIn order to avoid both the financial and human toll of inadequate investigations\, it is important that human resources professionals\, members of management\, and union representatives become familiar with the essential elements of thorough\, balanced\, and effective workplace investigations. \nPlease contact customerservice@lancasterhouse.com for more details \nCPD\n\n\nThis program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.
URL:https://lancasterhouse.com/event/ensuring-effective-workplace-investigations-intensive-skills-training-for-employers-and-unions-manitoba/
LOCATION:RBC Center\, Millennium Suite\, Second Floor\, 375 York Avenue\, Winnipeg\, MB\, R3C 3J3\, Canada
CATEGORIES:Skills Training
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/winnipeg-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230606T123000
DTEND;TZID=UTC:20230606T140000
DTSTAMP:20260610T004758
CREATED:20230322T003957Z
LAST-MODIFIED:20230523T202600Z
UID:6574-1686054600-1686060000@lancasterhouse.com
SUMMARY:Opening Doors: Ensuring equity\, diversity\, and inclusion in hiring\, promotion\, and retention
DESCRIPTION:Moderators\n\n \nEdith Bramwell\nChairperson Federal Public Sector Labour Relations and Employment Board \n\n\nSpeakers\n\n \nAlex Ognibene\nEmployer counsel\nFasken \n\n\n \nNatasha Aruliah\nConsultant\nJEDDI (Justice\, Equity\, Decolonising\, Diversity and Inclusion) Specialist \n\n\n \nAubrey Gonsalves\nDiversity Vice-President CUPE National \n\n\nIssuesCritical issues remain regarding policies and procedures aimed at ensuring equity\, diversity\, and inclusion in hiring\, promotion\, and retention. In this webinar\, experts consider these issues by addressing the following questions: \n\nWhat lessons can be learned from recent cases where employees have alleged discriminatory promotion practices? How can employers ensure fair and transparent promotion practices?\n\n\nHow do unconscious biases impact recruitment? How can employers address implicit biases and stereotypes in their recruitment practices?\n\n\nHow does the gender wage gap continue to influence the recruitment of women across different industries? How can employers and unions address the gender wage gap in their employment policies?\n\n\nWhat are best practices when it comes to hiring Indigenous workers? What role can unions play in ensuring equitable opportunities for the promotion of Indigenous workers?\n\n\nWhat considerations should employers take into account in seeking to recruit from distinct age groups? How can employers integrate generational differences into the workplace culture to promote inclusion when retaining employees?\n\n\nHow can employers and unions address language barriers in their recruitment policies? How can employers foster a culture of inclusion in the workplace that takes language barriers into consideration?\n\n\nWhat role can unions play in ensuring equity when it comes to hiring\, promoting\, and retaining employees? What are examples of equity-focused policies and practices that unions across Canada have developed?\n\nAccreditationCPD\n\n\nThis program has been approved for 1.5 Continuing Professional Development hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165. \nThe video recording\, MP3 file\, and materials are available for download and viewing one business day after the live webinar. After purchasing\, you will receive an e-mail with instructions on how to access and download the video recording\, MP3 file\, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars\, once the video recording and MP3 file and materials are available\, registrants will receive an update e-mail informing them that the links are now ready.
URL:https://lancasterhouse.com/event/opening-doors-ensuring-equity-diversity-and-inclusion/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-opening-doors.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Sao_Paulo:20230615T090000
DTEND;TZID=America/Sao_Paulo:20230615T160000
DTSTAMP:20260610T004758
CREATED:20230323T182338Z
LAST-MODIFIED:20230508T185639Z
UID:6695-1686819600-1686844800@lancasterhouse.com
SUMMARY:Ensuring Effective Workplace Investigations: Intensive Skills Training for Employers and Unions\, New Brunswick
DESCRIPTION:Speakers\n\n \nKelly VanBuskirk\nAdjunct Professor\,\nUniversity of New Brunswick \n\n\nWorkplace investigations\, whether they are probing complaints of workplace harassment or other forms of workplace misconduct\, require processes that are fair and effective. Procedural errors can be costly\, resulting in irreparable harm to employees and reputational harm to employers. \nParticipants will leave this interactive session ready to: \n\nIdentify the necessary steps in an investigation\n\n\nDecide who should lead the investigation\, and whether an external investigator is required\n\n\nDetermine the appropriate mandate and scope of the investigation\n\n\nMake sure investigations comply with applicable law\n\n\nEnsure procedural fairness\n\n\nManage uncooperative and absent witnesses\n\n\nAssess credibility and evidence\n\n\nAddress issues of confidentiality and privilege\n\n\nReview comprehensive investigation reports\n\nIn order to avoid both the financial and human toll of inadequate investigations\, it is important that human resources professionals\, members of management\, and union representatives become familiar with the essential elements of thorough\, balanced\, and effective workplace investigations. \nPlease contact customerservice@lancasterhouse.com for more details \nCPD\n\nThis program has been approved by CPHR Nova Scotia for 5.5 Continuing Professional Development hours.\n 
URL:https://lancasterhouse.com/event/ensuring-effective-workplace-investigations-intensive-skills-training-for-employers-and-unions-new-brunswick/
LOCATION:Saint John Hilton\, Kennebecasis 1 & 2\, 1 Market Square\, Saint John\, NB\, E2L 4Z6\, Canada
CATEGORIES:Skills Training
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/NB-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Denver:20230615T093000
DTEND;TZID=America/Denver:20230615T110000
DTSTAMP:20260610T004758
CREATED:20230322T190042Z
LAST-MODIFIED:20230606T210421Z
UID:6648-1686821400-1686826800@lancasterhouse.com
SUMMARY:Balancing Employee Privacy and Employer Access to Personal Information: Who gets to know what and when?
DESCRIPTION:Moderator\n\n \nScott Steiner\nMediator and Arbitrator\nADR Chambers \n\n\nSpeakers\n\n \nLeanne Monsma\nEmployer Counsel\nFasken \n\n\n \nKelly Nicholson\nPrivacy Officer\nField Law \n\n\n \noline Twiss\nDeputy Commissioner and Deputy Registrar\nOIPC \n\n\nIssuesWhat is the proper balance between safeguarding privacy and providing access to relevant information? In this Western-Canada- focused webinar\, experts will examine employer access to personal information\, discuss legislation and proposed amendments\, and review recent caselaw. Specifically\, panelists will address: \n\nWhat laws govern employee privacy and employer access to information? What legislative amendments have been proposed? Do these amendments adequately address protection of privacy while ensuring relevant parties can access essential information?\n\n\nHow does distinguishing “employee personal information” in Alberta and British Columbia privacy statutes from “personal information” in other types of statutes affect workplace privacy rights?\n\n\nIn the case of employee illness\, what specific personal information can be requested by an employer\, and how frequently?\n\n\nAre there any restrictions on an employer’s right to access\, analyze\, or use information that is not shared with employees\, such as information obtained through surveillance measures (e.g.\, keystroke monitoring\, time tracking software\, and GPS tracking)?\n\n\nCan employers access\, retain\, or use employee information for purposes other than the limited purpose (e.g.\, ensuring workplace safety) for which that information was obtained?\n\n\nAre there restrictions on employees’’ right to access information about themselves in the employer’’s possession?\n\n\nIn what circumstances have adjudicators held that employee information was accessed\, used\, or disclosed improperly?\n\n\nWhat key issues should employers and unions address in policies or collective agreements governing privacy and access to information?\n\nAccreditationCPD\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved for Continuing Professional Development 1.5 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.
URL:https://lancasterhouse.com/event/balancing-privacy-and-access-to-information-who-gets-to-know-what-and-when/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-balancing-privacy.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20230622T123000
DTEND;TZID=UTC:20230622T140000
DTSTAMP:20260610T004758
CREATED:20230322T181150Z
LAST-MODIFIED:20230606T211206Z
UID:6590-1687437000-1687442400@lancasterhouse.com
SUMMARY:Fairness in Firing: Examining recent principles and rising damages in bad faith terminations
DESCRIPTION:Moderators\n\n \nMark Hart\nArbitrator & Mediator \n\n\nSpeakers\n\n \nAlissa Goldberg\nEmployee Counsel\nKBA Partners \n\n\n \nIsabelle Keeler\nEmployer counsel\nCox and Palmer \n\n\nIssuesDecisions from across Canada reflect developments in how courts assess and interpret termination clauses\, the duty to mitigate\, damages\, reasonable notice periods\, and human rights violations. In this webinar\, experts discuss caselaw from across the country\, addressing the following questions: \n\nHow have courts in Ontario applied the ONCA’s decision in Waksdale v. Swegon North America Inc. as it pertains to the enforceability of termination clauses in employment contracts? What lessons can employers take from Waksdale‘s recent application in other Ontario decisions? How have other provinces approached the enforceability of termination clauses?\n\n\nHow have courts assessed reasonable notice periods? How has the impact of the COVID-19 pandemic on reasonable notice periods evolved in the last three years?\n\n\nDoes certain employee conduct warrant termination? In what circumstances have courts upheld termination in recent cases?\n\n\nWhat considerations do courts make when it comes to an employee’s duty to mitigate damages?\n\n\nWhat is “quiet firing”? Can employers be held liable for “quiet firing”?\n\n\nDoes recent caselaw suggest a trend towards granting awards of punitive or aggravated damages in situations where employers do not act in good faith\, or where employers fail to meet statutory obligations during termination?\n\n\nWhat policies\, procedures\, or practices can employers adopt to ensure they are meeting the duty of good faith and fair dealing when it comes to terminations?\n\nAccreditationCPD\n\n\nThis program has been approved for 1.5 Continuing Professional Development hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n\nThis program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.\n\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.\n\n\n\n\nAdditional InformationMATERIALS\nValuable\, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165. \nThe video recording\, MP3 file\, and materials are available for download and viewing one business day after the live webinar. After purchasing\, you will receive an e-mail with instructions on how to access and download the video recording\, MP3 file\, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars\, once the video recording and MP3 file and materials are available\, registrants will receive an update e-mail informing them that the links are now ready.
URL:https://lancasterhouse.com/event/fairness-in-firing-examining-recent-principles-and-rising-damages-in-bad-faith-terminations/
LOCATION:Virtual Event
CATEGORIES:Webinar
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/webinar-featured-fair-firing.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20230626
DTEND;VALUE=DATE:20230628
DTSTAMP:20260610T004758
CREATED:20230322T225410Z
LAST-MODIFIED:20240723T155532Z
UID:6746-1687737600-1687910399@lancasterhouse.com
SUMMARY:Calgary Labour Arbitration and Policy Conference
DESCRIPTION:Sponsored by:Conference Co-Chairs\n\n \nKelly Williams-Whitt\nArbitrator/Mediator and Dean\nFaculty of Business and Communication Studies Mount Royal University \n\n\n \nWilson Chan\nEmployer Counsel\nMathews Dinsdale \n\n\n \nBill Rigutto\nUnion Rep\nAUPE \n\n\nConference Advisory Committee\n\n \nNancy Schlesinger\nChair and Essential Services Commissioner\,\nAlberta Labour Relations Board \n\n\n \nDaniel Shapiro\nArbitrator and Mediator \n\n\n \nKristan McLeod\nUnion Counsel\, Chivers Carpenter \n\n\n \nKaren Scott\nSeveny Scott\, Partner \n\n\n \nLaura Mensch\nPartner\, BLG \n\n\n \nWes Scheuerman\nSenior Labour Relations Advisor\, Alberta Health Services \n\n\nMonday\, June 26\, 2023Pre-Conference Workshop Schedule\nBreakfast and Registration\n8:00 a.m. – 9:00 a.m. MT \n\nIntroductory Remarks\n9:00 a.m. – 9:10 a.m. MT \nSession 1\n9:10 a.m. – 10:25 a.m. MT \nBreak\n10:25 a.m. – 10:40 a.m. MT \nSession 2\n10:40 a.m. – 11:55 a.m. MT \nLunch\n11:55 a.m. – 1:05 p.m. MT \nSession 3\n1:05 p.m. – 2:20 p.m. MT \nBreak\n2:20 p.m. – 2:35 p.m. MT \nSession 4 and closing remarks\n2:35 p.m. – 4:00 p.m. MT \n\n\n\n\n\n\n*Workshops sold separately from stand-alone conference. \nPre-Conference Workshops (Choice Of 1 Of 3)\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders - 9:00 a.m. – 4:00 p.m. MT\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n\n\n \nMelissa Luhtanen\nSenior Legal Counsel\nAlberta Human Rights Commission \n\n\n \nDotun Ogunfowora\nRegistered Psychologist\nInsight Psychological & Renew Psychology \n\n\n \nTom Duke\nEmployer Counsel\nMiller Thomson LLP \n\n\n \nDavid Lardner\nUnion Representative\, Disputes and Arbitration\nAlberta Union of Provincial Employees (AUPE) \n\n\nAccommodating employees with disabilities that impair their judgment\, perception\, and ability to cooperate can be challenging. Unfortunately\, mental health disabilities\, such as mood disorders\, can often impact the very abilities necessary for an individual to engage in the accommodation process. \nWorking through interactive exercises and realistic scenarios with the guidance of experts\, participants will develop the knowledge and skills necessary to: \n\nDevelop an understanding of how common disabilities may impede a worker’s ability to participate in the accommodation process\nDemonstrate effective communication skills when interacting with resistant or uncooperative employees\nUnderstand responsibilities surrounding the duty to inquire\, obtaining medical records\, and related privacy legislation\nComply with union and management legal obligations when workers are unwilling or unable to participate in the accommodation process\nIdentify when the threshold of undue hardship is reached\n\nBefore and After the Investigation: Preventing conflict\, restoring relationships - 9:00 a.m. – 4:00 p.m. MT\nBefore and After the Investigation: Preventing conflict\, restoring relationships\n\n\n \nBruce Graham\nEmployer Counsel\nFasken \n\n\n \nPaulette DeKelver\nMediator\nDeKelver Dispute Resolution \n\n\n \nElla Henry\nLegal & Legislative Representative\nCanadian Union of Public Employees \n\n\nWhen it comes to workplace investigations\, prevention is often better than cure. Developing workplace policies and procedures that promote informal resolution methods may minimize an employer’s need to launch a formal investigation. Where circumstances demand a formal investigation\, however\, workplace parties play a critical role in subsequent restoration efforts. \nIn this skills-based session\, participants will develop a comprehensive understanding of the following: \n\nDocumenting workplace incidents and engaging in progressive discipline to manage interpersonal conflict\nImplementing trauma-informed strategies for addressing allegations of discrimination or harassment in the workplace\nDeveloping respectful workplace policies\, anti-harassment policies\, and anti-discrimination policies\, and adequately monitoring these policies for effectiveness\nResolving workplace conflict through informal resolution methods such as mediation\, coaching\, or management intervention\, before launching a formal investigation\nRestorative processes that repair workplace culture after a formal investigation occurs\nProviding sensitivity training to workplace parties to improve working relationships\n\nImpairment at Work: Identifying causes\, addressing risks\, providing accommodation - 9:00 a.m. – 4:00 p.m. MT\nImpairment at Work: Identifying causes\, addressing risks\, providing accommodation\n\n\n \nLeanne Young\nArbitrator\nResolve ADR \n\n\n \nDr. Charl Els\nAddiction Psychiatrist\, Occupational Physician and Clinical Professor\nDepartment of Psychiatry/Department of Medicine\nUniversity of Alberta \n\n\n \nWill Cascadden\nEmployer Counsel\nGowling WLG \n\n\n \nKarlan Modeste\nLegal Counsel\nBritish Columbia Teachers’ Federation \n\n\nEmployers\, employees\, and unions are responsible for addressing impairment in the workplace. Navigating what constitutes impairment\, recognizing substance abuse\, and developing effective workplace policies and procedures for addressing impairment can present numerous complexities. This session is designed as a step-by-step guide to help parties collaborate in developing policies\, procedures\, and substance use accommodations that ensure a safe and healthy workplace. \nLegal and technical experts will guide participants through an interactive\, engaging session. Participants will leave this session with an understanding of key issues\, including the following: \n\nWhat constitutes impairment\nHow to identify the causes and symptoms of impairment\nWhat to consider in determining whether an employee has a substance use disorder\nHow employers and unions should handle the risks of impairment\nHow to develop workplace policies and procedures that address impairment\nWhen and how employers should provide accommodation for substance use disorders\, and the union’s role in the accommodation process\nWhether employers can mandate treatment\, and employee obligations to seek treatment\n\nConferenceCocktail Networking Reception - 5:00 p.m. – 7:00 p.m. MT\nCheck back soon for details \nEvening Plenary: Asset or Adversary? The role of artificial intelligence in labour relations - 7:00 p.m. – 9:00 p.m. MT\n\n\n \nJames Casey\nArbitrator\nField Law \n\n\n \nRandy Goebel\nComputer Science Professor\nUniversity of Alberta \n\n\n \nVicki Giles\nEmployer Counsel\nMcLennan Ross \n\n\n \nThomas Hesse\nPresident\nUFCW Local 401 \n\n\nLess than six months after the public launch of ChatGPT\, artificial intelligence (AI) is making a big splash in labour relations. Thousands of striking television and movie writers are demanding that restrictions on the use of AI be included in their new contract. While fears about automation killing jobs are nothing new\, current iterations of AI are raising concerns about white collar work and about the processes of labour and employment relations themselves. Join a panel of experts to explore the impact AI will have on labour relations in the near future including: \n\nWill human resources professionals be helped by AI or replaced by it?\n\n\nWill union representatives be helped\, hindered\, or replaced by AI?\n\n\nWhat are the potential uses and abuses of “algorithmic management\,” which is defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment\, assessing employee performance\, or even making decisions regarding termination of employment?\n\n\nWhat role will AI play in key labour relations processes\, such as arbitration\, collective agreement interpretation\, and negotiation of collective agreements?\n\n\nHow\, if at all\, should unions and employers use collective bargaining to address the potential impact of AI on jobs? In what sectors would collective agreement language addressing AI be most important?\n\nTuesday\, June 27\, 2023Breakfast: 8:00 a.m. – 8:45 a.m. MT \nPlenary 1: Notable and Newsworthy: Major caselaw and legislative developments - 8:45 a.m. – 10:00 a.m. MT\nNotable and Newsworthy: Major caselaw and legislative developments\n\n\n \nGordon Nekolaichuk\nVice-Chair\nAlberta Labour Relations Board \n\n\n \nJean Torrens\nEmployer Counsel\nMLT Aikins \n\n\n \nClayton Cook\nUnion Counsel\nMcGown Cook \n\n\nThis session will cover major caselaw and legislative updates from Alberta and across Canada. Experts will provide summaries and insight into the latest and most noteworthy cases\, while also discussing general trends. Topics to be covered include remote work\, substance abuse and drug testing\, privacy and surveillance\, discipline\, harassment\, discrimination\, and accommodation. Legislative updates will include both provincial and federal developments. Final selection of topics takes place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nBreak: 10:00 a.m. – 10:15 a.m. MT \nPlenary 2: Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 10:15 a.m. – 11:20 a.m. MT\nBeliefs and Boundaries: Reconciling employee free speech and employer concerns\n\n\n \nCheryl Yingst Bartel\nArbitrator/Mediator\nYingst Bartel ADR Inc. \n\n\n \nLaura Dunnigan\nEmployer Counsel\nMathews Dinsdale & Clarke LLP \n\n\n \nTim Nessim\nLabour Relations Officer\nUnited Nurses of Alberta \n\n\nIs it appropriate for workplaces to monitor and impose disciplinary action on employees for off-duty and online behavior? Can policies that govern off-duty conduct be justified by the need to promote a respectful workplace? In this panel\, experts will explore employer and union responsibilities in ensuring appropriate employee conduct\, both inside and outside the workplace. Specifically\, panelists will address: \n\nCan an employer impose restrictions on off-duty conduct\, expression\, and political activity? Is the nature of the workplace relevant?\nWhat is the threshold for determining whether an employee’s off-duty conduct has a sufficient connection to the workplace? When does an employee’s right to express personal opinions outside the workplace become a legitimate concern for an employer?\nIn what circumstances\, if any\, is it appropriate for an employer to monitor an employee’s social media accounts? Must an employer hold a reasonable suspicion of misconduct to institute monitoring?\nWhat disciplinary measures have arbitrators deemed appropriate for off-duty misconduct?\nWhat key provisions should workplace policies and collective agreements contain to address inappropriate off-duty conduct?\n\nBreak: 11:20 a.m. – 11:35 a.m. MT \nConcurrent Session – Block 1\nPick 1 of 3: 11:35 a.m. – 12:35 p.m. MT \nConcurrent Session 1: Breaking the Impasse: Key issues in interest arbitration\nBreaking the Impasse: Key issues in interest arbitration\n\n\n \n Kristan McLeod \nManaging Partner\nChivers Carpenter \n\n\n \n Tim Mitchell \nEmployer Counsel\nMcLennan Ross \n\n\n \n Mark Asbell \nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\nIn this session\, seasoned experts will address key issues in interest arbitration\, lending insight into perennial principles\, providing practical guidance on procedural issues\, and examining trends in recent arbitration awards. Panelists will address questions including: \n\nWhat principles and criteria will interest arbitrators consider in crafting an award? What do recent cases suggest about how arbitrators will apply the principles of replication\, demonstrated need\, and total compensation?\nUnder what circumstances will the Alberta Labour Relations Board order first contract arbitration? How have amendments to the Labour Relations Code resulting from Bill 32\, the Restoring Balance in Alberta’s Workplaces Act\, affected the threshold for intervention?\nWhat authority does the Alberta Labour Relations Board have when parties with a prior collective agreement are unable to reach a subsequent agreement through collective bargaining? When can the Board order parties to engage in interest arbitration? Is the analysis different if the parties provide essential services?\nIn recent awards\, how have concerns such as inflation\, the employer’s ability to pay\, and recruitment and retention issues impacted the determination of whether wage adjustments were warranted?\nWhat are the advantages and disadvantages of med-arb\, arb-med\, or final offer selection\, and when may such approaches be appropriate?\n\nConcurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations \nThe Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations\n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\nAlberta Human Rights Commission \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clarke \n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law \n\n\nThroughout the pandemic\, arbitrators\, courts\, and workplace parties have grappled with the challenge of applying established labour relations principles in the face of unprecedented circumstances. In this session\, expert panelists will reflect on lessons learned from this tumultuous time\, critically evaluating recent cases and exploring best practices for the future. Questions to be addressed include: \n\nWhat guidance do cases decided in the COVID-19 context provide regarding when courts and arbitrators will uphold precautionary and safety-based workplace measures such as mandatory vaccination? What measures can employers take when employees refuse vaccination? What measures are beyond permissible bounds?\nAs COVID-19 case counts decline\, will mandatory workplace vaccination policies continue to be upheld? Must employers review their policies\, and if so\, what processes should they follow?\nHow have courts and arbitrators applied the Supreme Court of Canada test in Syndicat Northcrest v. Anselem when assessing religious accommodations in the workplace during COVID-19? How are religious beliefs distinguished from political beliefs\, and how is the sincerity of those beliefs assessed?\nWhat do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?\nWith many workplaces having shifted to a remote or hybrid model during the pandemic\, can employers now require employees to return to work?\nHow\, if at all\, did COVID-19 exacerbate\, ameliorate\, or expose existing workplace inequities?\nWhat “gaps” in workplace policies and collective agreements have been revealed during the pandemic? What steps should workplace parties now be taking to prepare for potential future pandemics or similarly disruptive events?\n\nConcurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring? \nDigital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?\n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\n \nErika Ringseis\nSenior Legal Counsel\nInhaus Legal \n\n\nAdvances in technology and the dramatic shift to remote work due to COVID-19 have given rise to a significant interest in digital surveillance of employees. Meanwhile\, privacy legislation has remained largely static. In an era of big data and artificial intelligence\, are existing privacy laws up to the task of balancing employers’ interests in productivity and efficiency and employees’ interests in autonomy and a private life? In this session\, leading experts will tackle this question as well as the following: \n\nWhat constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?\n\n\nHow do the privacy rights of job applicants differ from the rights of existing employees? Under current laws\, would an employer be permitted to use software to construct a personality profile of job applicants based on their internet activity?\n\n\nDo current interpretations of the reasonableness requirement appropriately balance employer interests in managing work and employee privacy rights? Do new technologies\, or new uses of technologies\, threaten the established balance?\n\n\nIs the use of algorithmic management\, in which algorithms make important employment decisions based on extensive data on employees at work\, a privacy issue or a management rights issue?\n\n\nHow much say do unions and their members currently have in what employee information employers collect and how it is used? How do collective agreement provisions address this issue? Is the status quo in need of change? If so\, why and how?\n\n\nAre conceptions of privacy held by most employees at odds with those held by employers and/or those that underlie privacy legislation? If so\, is this a problem? If it is\, how should it be remedied?\n\nLunch: 12:35 p.m. – 1:45 p.m. MT \nConcurrent Session – Block 2\nPick 1 of 3: 1:45 p.m. – 2:45 p.m. MT \nConcurrent Session 1: Breaking the Impasse: Key issues in interest arbitration\nBreaking the Impasse: Key issues in interest arbitration\n\n\n \n Kristan McLeod \nManaging Partner\nChivers Carpenter \n\n\n \n Tim Mitchell \nEmployer Counsel\nMcLennan Ross \n\n\n \n Mark Asbell \nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\nIn this session\, seasoned experts will address key issues in interest arbitration\, lending insight into perennial principles\, providing practical guidance on procedural issues\, and examining trends in recent arbitration awards. Panelists will address questions including: \n\nWhat principles and criteria will interest arbitrators consider in crafting an award? What do recent cases suggest about how arbitrators will apply the principles of replication\, demonstrated need\, and total compensation?\nUnder what circumstances will the Alberta Labour Relations Board order first contract arbitration? How have amendments to the Labour Relations Code resulting from Bill 32\, the Restoring Balance in Alberta’s Workplaces Act\, affected the threshold for intervention?\nWhat authority does the Alberta Labour Relations Board have when parties with a prior collective agreement are unable to reach a subsequent agreement through collective bargaining? When can the Board order parties to engage in interest arbitration? Is the analysis different if the parties provide essential services?\nIn recent awards\, how have concerns such as inflation\, the employer’s ability to pay\, and recruitment and retention issues impacted the determination of whether wage adjustments were warranted?\nWhat are the advantages and disadvantages of med-arb\, arb-med\, or final offer selection\, and when may such approaches be appropriate?\n\nConcurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations \nThe Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations\n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\nAlberta Human Rights Commission \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clarke \n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law \n\n\nThroughout the pandemic\, arbitrators\, courts\, and workplace parties have grappled with the challenge of applying established labour relations principles in the face of unprecedented circumstances. In this session\, expert panelists will reflect on lessons learned from this tumultuous time\, critically evaluating recent cases and exploring best practices for the future. Questions to be addressed include: \n\nWhat guidance do cases decided in the COVID-19 context provide regarding when courts and arbitrators will uphold precautionary and safety-based workplace measures such as mandatory vaccination? What measures can employers take when employees refuse vaccination? What measures are beyond permissible bounds?\nAs COVID-19 case counts decline\, will mandatory workplace vaccination policies continue to be upheld? Must employers review their policies\, and if so\, what processes should they follow?\nHow have courts and arbitrators applied the Supreme Court of Canada test in Syndicat Northcrest v. Anselem when assessing religious accommodations in the workplace during COVID-19? How are religious beliefs distinguished from political beliefs\, and how is the sincerity of those beliefs assessed?\nWhat do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?\nWith many workplaces having shifted to a remote or hybrid model during the pandemic\, can employers now require employees to return to work?\nHow\, if at all\, did COVID-19 exacerbate\, ameliorate\, or expose existing workplace inequities?\nWhat “gaps” in workplace policies and collective agreements have been revealed during the pandemic? What steps should workplace parties now be taking to prepare for potential future pandemics or similarly disruptive events?\n\nConcurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring? \nDigital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?\n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\n \nErika Ringseis\nSenior Legal Counsel\nInhaus Legal \n\n\nAdvances in technology and the dramatic shift to remote work due to COVID-19 have given rise to a significant interest in digital surveillance of employees. Meanwhile\, privacy legislation has remained largely static. In an era of big data and artificial intelligence\, are existing privacy laws up to the task of balancing employers’ interests in productivity and efficiency and employees’ interests in autonomy and a private life? In this session\, leading experts will tackle this question as well as the following: \n\nWhat constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?\n\n\nHow do the privacy rights of job applicants differ from the rights of existing employees? Under current laws\, would an employer be permitted to use software to construct a personality profile of job applicants based on their internet activity?\n\n\nDo current interpretations of the reasonableness requirement appropriately balance employer interests in managing work and employee privacy rights? Do new technologies\, or new uses of technologies\, threaten the established balance?\n\n\nIs the use of algorithmic management\, in which algorithms make important employment decisions based on extensive data on employees at work\, a privacy issue or a management rights issue?\n\n\nHow much say do unions and their members currently have in what employee information employers collect and how it is used? How do collective agreement provisions address this issue? Is the status quo in need of change? If so\, why and how?\n\n\nAre conceptions of privacy held by most employees at odds with those held by employers and/or those that underlie privacy legislation? If so\, is this a problem? If it is\, how should it be remedied?\n\nBreak: 2:45 p.m. – 3:00 p.m. MT \nPlenary 3: Potholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration - 3:00 p.m. – 4:15 p.m. MT\nPotholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration\n\n\n \nBruce Moffatt\nExecutive Director\nMediation Services\, Alberta Government \n\n\n \nRobert S. Abells\nArbitrator \n\n\n \nErin Ludwig\nAssociate General Counsel\, Labour and Employment\nAlberta Health Services \n\n\n \nKaren Thibault\nUnion Counsel\, Disuptes and Arbitrations\nAUPE \n\n\nArbitration procedures have evolved significantly in recent years. Parties and practitioners have raised concerns about judicialization\, timeliness of the process\, difficulties in selecting arbitrators\, and the ability to address abuses of process effectively. In this panel\, experts will address the following: \n\nWhat common bottlenecks do parties encounter in the arbitral process? How can labour practitioners eliminate unnecessary delays?\nDoes the growing legalism of arbitration undermine its unique advantages\, or is it necessary to ensure procedural protections for parties?\nWhat options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives?\nShould workplace parties consider creating unique expedited arbitration systems akin to the dispute resolution model between Canadian Railways and their unions?\nCan parties reduce arbitration timelines by participating in a virtual format? Is there room to automate arbitration processes by using artificial intelligence?\nHow are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?\nWhat enhancements could be implemented to improve arbitration processes and outcomes?\n\nEnd of Conference: 4:15 p.m. MT \nConference CPD\n\n\nThis program has been approved by CPHR Alberta for 7.35 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by CPHR BC & Yukon for 7.35 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 7.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of British Colombia for 7.35 Continuing Professional Development hours.\n\n\n\n\nWorkshop CPD\n\n\nThe Pre-Conference workshops have been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThe Pre-Conference workshops have been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\nThe Pre-Conference workshops have been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development hours.\nThe Pre-Conference workshops have been approved by the Law Society of British Colombia for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/calgary-labour-arbitration-and-policy-conference/
LOCATION:The Westin Calgary\, 320 4 Avenue Southwest\, Calgary\, Alberta\, T2P 2S6\, Canada
CATEGORIES:Conference,Labour Arbitration and Policy Conference
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DTSTART;TZID=UTC:20230629T123000
DTEND;TZID=UTC:20230629T140000
DTSTAMP:20260610T004759
CREATED:20230518T194056Z
LAST-MODIFIED:20230615T230612Z
UID:8236-1688041800-1688047200@lancasterhouse.com
SUMMARY:Safe Spaces: Accommodating transgender and gender-diverse employees
DESCRIPTION:Moderators\n\n \nAnne Gregory\nLegal Counsel\nManitoba Nurses Union \n\n \nFae Johnstone\nExecutive Director\nWisdom2Action \n\n\nSpeakers\n\n \nTyler Boggs\nUnion Counsel\nCavalluzzo \n\n\n \nBonny Mak\nEmployer Counsel\nFasken \n\n\n \nMarni Panas\nSenior Manager\, Diversity\, Equity and Inclusion\nATCO \n\n\nCreating a safe and healthy work environment for all employees is a vital employer obligation. For transgender and gender-diverse employees\, a safe and healthy workplace is one that fosters inclusive policies\, protects employee privacy\, and provides appropriate accommodations. In this webinar\, experts will explain the ways in which employers\, unions\, and employees can collaborate to create an inclusive workplace for all. The following questions will be discussed: \n\nWhat is gender identity and gender expression? What does it mean to be transgender? What does it mean to be gender-non-conforming? What are common workplace issues that transgender and gender-diverse employees may experience?\nWhen may a transgender or gender-diverse employee require an accommodation? When do employers have a duty to accommodate? What role\, if any\, does the employee have in the accommodation process? What is the union’s role in the accommodation process?\nWhat strategies can employers use to incorporate inclusive policies and hiring practices for transgender and gender-diverse employees? What role does the union have in developing or monitoring inclusive workplace policies? What unique provisions should employers and unions consider when determining benefits policies and administration of benefits?\nHow can employers and unions support transitioning employees who request special assistance or accommodations? What are best practices when creating a workplace support plan for an employee who is transitioning?\nWhat privacy concerns are triggered when it comes to an employee’s gender-diverse status information? How can employers and unions ensure that information about gender identity and transition is private and protected? Under what circumstances can gender identity status information\, or information pertaining to an employee’s transition\, be disclosed and to whom? What are best practices if disclosure is necessary?\nWhat steps should employers and unions take to protect gender-diverse employees from harassment in the workplace?\nWhat role does diversity training on gender identity and gender expression have in creating a trans-inclusive workplace? What are relevant national and international examples of diversity training of this nature?\n\nAccreditationCPD\nLancaster House provides professional education programs that qualify for CPD credit for human resources professionals\, lawyers\, and paralegals across Canada. \nAdditional InformationMATERIALS\nValuable\, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed. \nREGISTRATION FEE\nLive webinar\, video\, and MP3 bundle – $440\nLive webinar – $275\nVideo and MP3 – $275\n(Registrations must be paid in advance of the webinar)\nPlease contact us by email\, or by phone at (416) 977-6618\, for discount pricing for additional participants and group orders. \nREGISTRATION INFORMATION\nWebinar video and MP3 files are available for $275. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165. \nThe video recording\, MP3 file\, and materials are available for download and viewing one business day after the live webinar. After purchasing\, you will receive an e-mail with instructions on how to access and download the video recording\, MP3 file\, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars\, once the video recording and MP3 file and materials are available\, registrants will receive an update e-mail informing them that the links are now ready.
URL:https://lancasterhouse.com/event/safe-spaces-accommodating-transgender-and-gender-diverse-employees/
LOCATION:Virtual Event
CATEGORIES:Webinar
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