Moderator Karen Nordlinger Arbitrator, Mediator and Lawyer Aaron Gordon Daykin Nordlinger LLP Speakers Tom McKenna National Health and Safety Representative Canadian Union of Public Employees (CUPE) Julie Weller Employer Counsel [...]

Moderator Jeff Palamar Arbitrator and Lawyer Taylor McCaffrey Speakers Natasha Savoline Employer Counsel Bernardi Human Resource Law LLP Kas Pavanantharajah Union Counsel Black Gropper October 1, 2024 [...]

Moderator Sara Slinn Arbitrator/Mediator Speakers Elisabeth Finney Union Counsel Black Burke Mayor LLP Justin P’ng Employer Counsel Osler, Hoskin & Harcourt LLP September 26, 2024 In [...]

Moderator Doug Sanderson Arbitrator and Mediator Doug Sanderson Dispute Resolution Speakers Dr. Katy Kamkar Dr. Katy Kamkar, PhD, CPsych. Clinical Psychologist Diane Laranja Employer Counsel Filion Wakely Thorup Angeletti LLP [...]

Moderator Judith Allen Arbitrator, Mediator and Workplace Investigator Arbitration Investigation Mediation (AIM) Speakers Terry Downey Union Representative SEIU Local 1 Canada Eleni Kassaris Employer Counsel Dentons Jen Magnus Founder/President Magnus [...]

Moderator Mireille Giroux Vice-Chair Ontario Labour Relations Board (OLRB) Speakers Meghan Burton Organization Development Advisor Mental Health Commission of Canada Tahir Khorasanee Employer counsel Steinbergs LLP Sogol Naserian Union Counsel [...]

Moderator Colin Johnston Mediator Arbitrator Colin Johnston Mediation Arbitration Services Inc. Speakers Randy Slepchik Union Counsel Jewitt McLuckie & Associates LLP Cristina Wendel Emplyer Counsel Dentons [...]

Moderator Maheen Merchant Speakers Gabriel Joshee-Arnal Employer Counsel Neuman Thompson Heather L. Robertson Union Counsel Gerrand Rath Johnson July 18, 2024 In this installment of [...]

Moderator David Mombourquette Chairperson New Brunswick Labour and Employment Board Speakers J.D. Gilmour Manager of Employee Abilities and Return to Work for Health PEI Dana F. Hooker Employer counsel DLA [...]

Moderator Jeff Palamar Arbitrator and Lawyer Taylor McCaffrey Speakers Thelma Zindoga Employer Counsel Blake, Cassels & Graydon LLP Balraj Dosanjh Pensions Counsel Cavalluzzo LLP June 20, [...]

Moderator Danna Morrison Arbitrator/Mediator Danna Morrison Mediation & Arbitration Inc. Vice-Chair Ontario Labour Relations Board (OLRB) Speakers Sebastien Anderson Union Counsel Labour Rights Law Meg Atkinson Union Counsel Kastner Ko [...]

Moderator Heather Ann McConnell Arbitrator/Mediator Speakers Mike Hamata Employer Counsel Roper Greyell Alison McEwen Union Counsel Ravenlaw Parm Sandhar Bargaining Representative Hospital Employees' Union (HEU) Sundeep Gokhale Employer Counsel Sherrard [...]

Moderator Madeleine Loewenberg Lawyer, Workplace Investigator, and Mediator Speakers Dr. Dwayne Van Eerd Scientist Institute of Work & Health Brad N. Cocke Lawyer Cooperwilliams Truman & Ito LLP Niiti Simmonds [...]

Moderator Sara Slinn Arbitrator and Mediator Sara Slinn Mediation/Arbitration Associate Professor Osgoode Hall Law School York University Speakers Allie Laurent Employer Counsel McLennan Ross Caitlin Meggs Union Counsel Victory Square [...]

Moderator Scott Sterns Arbitrator and Mediator Speakers Heather Ann McConnell Arbitrator/Mediator Justina Sebastiampillai Employer Counsel Stikeman Elliott Andrea Johnson Union Counsel Gerrand Rath Johnson April 18, [...]

Moderator Lynne Poirier Arbitrator/Mediator Vice-Chair, Canada Industrial Relations Board Speakers Sevda Mansour Legal Counsel Ontario Nurses' Association Dr. Shawn Marshall Full Professor Department of Medicine University of Ottawa The Ottawa [...]

Moderator Paul Love Arbitrator and Mediator Speakers Tonie Beharrell Lawyer and Workplace Investigator Southern Butler Price LLP Connie Cheung Employer Counsel Sherrard Kuzz LLP Amarkai Laryea Union Counsel RavenLaw Dr. [...]

Moderator Paul Love Arbitrator and Mediator Speakers Christine Poirier Senior Advisor to General Counsel and Chief of Labour Relations and Special Projects Officer Professional Institute of the Public Service of [...]

Moderator George Filliter Arbitrator and Mediator Filliter Arbitration and Mediation Services Inc. Speakers Donald Jordan Employer Counsel Harris & Company Peter Lewis Canada Research Chair, Trustworthy Artificial Intelligence Associate Professor, [...]

Moderator Elaine Doyle Arbitrator and Mediator Arbitration and Mediation Services Speakers Ian Pickard Employer Counsel McInnes Cooper Alycia Shaw Labour Relations Counsel Air Line Pilots Association [...]

Moderator Karine Pelletier Adjudicator Manitoba Human Rights Commission Vice-Chairperson Manitoba Labour Board Speakers Joel Fairbrother Employer Counsel Bow River Law LLP Mae J. Nam Union Counsel Ryder Wright Holmes Bryden [...]

December 7, 2023 In this webinar, leading experts will discuss and consider the impact of key employment law decisions and legislative updates from across Canada. Topics to be addressed include the latest on [...]

November 21, 2023 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, [...]

November 7, 2023 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 [...]

October 26, 2023 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 [...]

October 19, 2023 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 [...]

October 12, 2023 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 [...]

September 26, 2023 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 [...]

September 12, 2023 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 [...]

August 15, 2023 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 [...]

August 1, 2023 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 [...]

July 18, 2023 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 [...]

July 4, 2023 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, [...]

June 29, 2023 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 [...]

June 22, 2023 Decisions 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 [...]

June 15, 2023 What 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 [...]

June 6, 2023 Critical 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 [...]

May 23, 2023 Obtaining information to accommodate an employee's mental health disabilities can pose challenges for employers and unions. In this webinar, experts will examine recent caselaw relating to documenting and accommodating mental [...]

May 9, 2023 The right to provide representation is a crucial component of a union's obligation to its members. The right extends to workplace investigations, where union representatives play a crucial part in [...]

April 27, 2023 Differences in personalities, beliefs, and working styles are inevitable in workplaces and can often lead to workplace disputes. Effective conflict management practices are essential to prevent escalation of minor workplace [...]

March 30, 2023 Workplace policies and practices that fail to account for family-related concerns and caregiving obligations may lead to dissatisfied employees and claims of human rights violations. The following topics will be [...]

March 14, 2023 In a world where employees can spend their entire careers in front of a screen, how can remote workplaces best maintain the confidentiality, privacy, and security of employee information? Specifically, [...]

March 2, 2023 In this webinar, panelists will examine evolving management duties of good faith and honest performance in contractual relationships. Topics to be addressed include: Is an employer in a unionized workplace [...]

February 14, 2023 Society has begun to use the term "neurodivergent" to refer to people with lifelong neurological or developmental conditions who learn, act, and work in ways that deviate from the norm. [...]

February 2, 2023 Workplace policies that ensure that businesses can continue in the face of viral threats have become imperative. Experts will discuss infection control and prevention measures as well as flexible working [...]

January 19, 2023 In this session, experts will discuss the impact of key recent decisions and legislative changes, addressing issues such as discrimination, harassment, and accommodation, jurisdiction, substance use, and privacy, and significant [...]

December 8, 2022 The past year has seen workplace parties grapple with intractable workplace dilemmas and thorny pandemic-related issues. In this panel, seasoned experts will discuss noteworthy employment law cases and their impacts [...]

December 1, 2022 Canadian workplaces increasingly recognize the need to apply the principles of equity, diversity, and inclusion in their policies and practices. In this panel, experts will explore the extent to which [...]

November 17, 2022 Workers' compensation systems across Canada are changing. In this webinar, leading experts will discuss and evaluate the developments that have taken place in recent years in workers' compensation systems across [...]

November 3, 2022 The legal landscape in Canada raises difficult questions about managing substance use and abuse in the workplace. Arbitrators have considered numerous cannabis-related issues, addressing employer policies regarding the use of [...]

October 18, 2022 Workplace microaggressions are subtle behaviours or comments that further marginalize individuals already facing systemic oppression. For an employer, it can be a complex endeavour to appropriately respond to microaggressions in [...]

October 4, 2022 The deeply personal nature of religious belief has raised complex questions for workplace parties seeking to assess the sincerity of employees' religious convictions, distinguish those beliefs from other personal views, and accommodate [...]

September 13, 2022 Health-related issues in the workplace often impel employers to request employees' medical information — for example, medical documentation may be sought in granting sick leave and determining eligibility for benefits, fulfilling the [...]

August  23, 2022 Privacy has emerged as a key concern as remote and hybrid work have become more common. Indeed, research from Queen's University confirms that the pandemic has accelerated the use of [...]

August  9, 2022 Attendance management programs (AMPs) are frequently established by employers to deal with excessive absenteeism and to provide support to employees who are having difficulty maintaining regular attendance. However, a large [...]

June 23, 2022 It is undeniable that the COVID-19 pandemic has introduced new stressors into nearly every aspect of life, including work. Dubbed the "echo pandemic" by mental health experts and advocates, the [...]

May 17, 2022 It is prevailing expert opinion that, as the COVID-19 pandemic abates, regions will see a transition to an endemic or periodically epidemic virus — one that is persistent in the [...]

February 17, 2022 Following a summer with low case counts and high rates of vaccination, it was natural to hope that the COVID-19 pandemic would soon be behind us. However, the recent uptick [...]

February 3, 2022 Neither employers nor employees seem to think that working conditions will be — or should be — the same after the pandemic as they were before. As COVID-19 transitions from pandemic to [...]

January 20, 2022 In this webinar, seasoned counsel will review the most important non-COVID-related labour and human rights decisions from the past year and explain how they will affect you in the coming [...]

November 25, 2021 Legal professionals, human resources specialists, and management personnel are increasingly called upon to assist organizations in carrying out a workplace investigation. Investigations frequently involve complex and sensitive matters: allegations of [...]

October 7, 2021 While rude, confrontational, and abusive behaviour is not a new challenge for workplace parties, the past year and a half has seen a noticeable uptick in people losing their cool [...]

October 6, 2021 The use of independent medical examinations (IMEs) in determining appropriate accommodations is highly contentious. Unions and employees may doubt the independence of a physician designated by the employer or whose [...]

September 24, 2021 Experience working during the pandemic, which has seen broad acceptance of remote work as well as increased awareness of the dangers of employees coming to work sick, poses a challenge [...]

September 13, 2021 Labour relations professionals may be unfamiliar with torts — legal wrongs separate and apart from breaches of contract that lead to liability. However, with the recent recognition by Canadian courts [...]

September 2, 2021 While COVID-19 has profoundly transformed the workplace, harassment has remained an issue of significant concern. Many workplaces have witnessed an increase in the number of incidents and allegations of harassment. [...]

August 19, 2021 While substance use is a perennial concern for workplace parties, use of alcohol, cannabis, prescription medications, and illicit substances has increased significantly during the pandemic, as Canadians cope with mental health challenges [...]

August 5, 2021 Employers, unions, and workers in the health care sector face unique challenges and added complexity given the nature of their work, increased regulatory oversight, and responsibility in caring for others. This [...]

June 17, 2021 The COVID-19 pandemic has created unique safety concerns for workplaces and new headaches for employers and unions as they put in place measures to reduce the risk of transmission and [...]

May 6, 2021 Research has shown that whistleblowers provide the single most effective means of uncovering wrongdoing that undermines the public interest, but the fear of reprisals and blacklisting deters many from coming [...]

April 22, 2021 To prevent the spread of COVID-19, workplace parties across Canada have had to adapt their workplaces. In doing so, they have had to balance the employer's need to ensure orderly, [...]

March 25, 2021 University and college workplaces give rise to many of the same disputes found in other workplaces, but the resolution of such disputes is influenced by the status of universities and [...]

March 11, 2021 The federal government recently introduced the Digital Charter Implementation Act, 2020, which contains the most ambitious changes to Canada's privacy law in decades. In Ontario, the provincial government has taken [...]

February 18, 2021 In April 2020, the Canadian Mental Health Association called for immediate action to avoid the potential of an "echo pandemic" of mental health issues resulting from COVID-19. In subsequent months, studies revealing [...]

February 9, 2021 For nearly a year, employers, unions, and workers have struggled with unprecedented challenges presented by the COVID-19 pandemic. Many challenges have been overcome through union-employer collaboration, but, inevitably, disputes have [...]

January 28, 2021 Discussion of arbitration decisions tends to dominate many continuing education events for labour relations professionals, but knowledge of recent labour board decisions is essential for anyone who needs to be [...]

January 21, 2021 Seasoned counsel will review the most important labour and human rights decisions from the past year and explain how they will affect you in the coming year. The panel will [...]

November 26, 2020 In May 2020, the death of George Floyd in Minneapolis police custody reignited the Black Lives Matter movement, giving rise to mass anti-racism protests throughout the United States and subsequently [...]

November 12, 2020 According to Statistics Canada, approximately 22 percent of Canadians aged 15 and over — 6.2 million people — have at least one disability and consequently face barriers to full participation [...]

November 5, 2020 Leading counsel will review the past year's most important employment law decisions and explain how they will affect you in the coming year. The panel will also flag significant ongoing [...]

October 22, 2020 Due to the demanding nature of their jobs, most lawyers, union representatives, and human resources professionals are likely to have experienced working from home at least occasionally. However, the COVID-19 [...]

October 8, 2020 "Cancel culture," involving a swift public backlash over a person's offensive statements or actions, follows a predictable course: A person will say or do something offensive, often accompanied by a video broadcast [...]

September 29, 2020 Obtaining medical information relating to sick leave, disability accommodation, or return to work is normally a routine task for employers and unions. However, the COVID-19 crisis has amplified health-related issues [...]

September 24, 2020 As public health experts warn that the pandemic will continue for some time and with the potential for more stringent restrictions in the event of a second wave, the juggling [...]

September 15, 2020 COVID-related restrictions raise a host of novel issues regarding the accommodation of employees with disabilities. Public health guidelines, including those applicable to remote work and physical distancing, may impact current [...]

September 10, 2020 Shakespeare once characterized betrayal as being sharper than a serpent's tooth. While workplace betrayal may not rise to the dramatic heights of Shakespearean tragedy, arbitrators and courts have consistently recognized [...]

August 27, 2020 There are many reasons why people put on a happy face at work. Whether it's to please customers, to live up to job descriptions that seek applicants who are "upbeat" [...]

August 13, 2020 Occupational health and safety statutes across Canada require employers to take steps to prevent workplace violence. These steps generally include assessing the risk of workplace violence that may arise and [...]

July 23, 2020 An attractive, comprehensive benefit plan is crucial to employee health and morale, workplace productivity, and recruitment and retention of top talent. But as today's workforce is more diverse than ever, [...]

July 9, 2020 Recent cases have demonstrated the increasing willingness of courts and tribunals to award significant damages against employers who fail to respond to workplace harassment. As this upward trend continues, employers [...]

June 18, 2020 In recent months, issues related to leaves and return to work have gained new prominence as a result of the COVID-19 pandemic. Employers and unions have routinely been called upon [...]

June 9, 2020 While we usually think of addictions in terms of involving substances such as drugs and alcohol, there is a movement within the medical community to classify as addictions the compulsive [...]

May 21, 2020 In December 2019, the Expert Panel on Modern Federal Labour Standards released 39 recommendations that could affect federally regulated workplaces, and Prime Minister Trudeau gave the federal Minister of Labour [...]

May 14, 2020 Episodic disabilities, such as depression, anxiety, arthritis, and multiple sclerosis, are characterized by periods of good health alternating with periods of illness or disability. Because symptoms of these disabilities fluctuate, [...]

May 7, 2020 Over the past few years, courts, human rights tribunals, and labour arbitrators across Canada have been releasing a series of groundbreaking remedial awards. Are damages on the rise? What lessons [...]

April 30, 2020 Although they are lifelong conditions, autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD) are often thought of as childhood conditions. Conversely, the popular conception of individuals with age-related [...]

April 16, 2020 Employers have the right to manage their workplaces, including by creating and implementing rules with disciplinary consequences, but in a unionized environment, the rules must be reasonable, clear, and uniformly [...]

April 2, 2020 While organizations may recognize the importance of a diverse workforce and even identify diversity as a priority, they regularly encounter challenges in successfully recruiting and retaining diverse employees. Furthermore, despite [...]

March 19, 2020 In an era in which everyone carries a smartphone and freely shares views on social media, the chance of "going viral" is a real risk, as one Saskatchewan nurse discovered [...]

February 20, 2020 While there is no disputing that employers have a duty to accommodate up to the point of undue hardship, workplace parties still face significant uncertainty in determining exactly when, in practice, that [...]

February 6, 2020 As a result of recent but profound changes to working practices — and a general shift to a knowledge-based economy — workplace psychosocial hazards and work-related stress are emerging as [...]

January 30, 2020 Seasoned counsel will review the most important labour and human rights decisions from the past year and explain how they will affect you in the coming year. The panel will [...]

December 12, 2019 Rates of depression in the legal profession are more than three times those found in the general population, and recent estimates suggest more than 20 percent of lawyers are affected [...]

December 5, 2019 Leading counsel will review the past year's most significant wrongful dismissal decisions and explain how they will affect you in the coming year. The panel will also flag significant ongoing [...]

November 5, 2019 For the past year, it has been legal for Canadians to smoke cannabis recreationally, but legal cannabis edibles, extracts, lotions, and balms will not hit the shelves until mid-December. Will [...]

October 8, 2019 A recent human rights complaint brought by a firefighter alleging that he suffered discrimination based on his creed when he was not provided vegan meals has stirred debate around the [...]

October 3 , 2019 In recent years, rapid technological developments and the prevalence of social media have blurred the boundary between public and private data and communications. As technology continues to evolve, workplace parties [...]

September 26, 2019 Lunchtime yoga sessions, nutrition classes, and fitness challenges are only a few of the many examples of wellness initiatives that workplace parties are embracing in an effort to improve worker [...]

September 19, 2019 Performance management is a useful tool that can enhance communication between employers and employees, promote workplace accountability and employee engagement, and help clarify organizational goals and expectations. Yet if conducted [...]

September 10, 2019 Decisions by arbitrators, courts, and tribunals on the duty to accommodate employees are legion – and their number increases every day – but familiarity with the foundational cases and key [...]

August 22, 2019 Equity, or fairness, in the workplace has long been identified as an important – or even primary – interest of employees. Is this interest in being treated fairly one that [...]

August 13, 2019 Impartiality is the foundation of the arbitration process. But while arbitrators are expected to maintain objectivity in assessing evidence and rendering decisions, they nevertheless have the potential to be affected [...]

July 25, 2019 Health-related issues in the workplace often prompt employer or union requests for medical information, especially in the context of disability accommodation and attendance management. Such requests necessarily involve striking a [...]

July 11, 2019 For an aggrieved employee, every adverse management action can be perceived as an act of reprisal or "payback," but can seemingly innocuous management functions such as scheduling, work assignments, and performance management [...]

June 20, 2019 Employers and unions routinely negotiate a range of insured benefits for employees, from coverage for prescription medications and paramedical services to disability and life insurance. Appealing denials of claims for [...]

May 14, 2019 While work obligations often interfere with family time, not every such interference engages human rights protections. However, since the law on family status discrimination remains unsettled, with different tests being adopted in [...]

May 2, 2019 Can't we all just get along? In some cases, the answer is "no." While workers aren't expected to be friends with every one of their colleagues, they are expected to [...]

April 25, 2019 The legalization of recreational cannabis use has prompted employers across Canada to review the way they deal with substance use that affects – or may affect – the workplace. However, [...]

April 11, 2019 Collective agreements frequently provide greater benefits than employment standards legislation, which sets minimum floors of statutory protection. But the question of which rights prevail in cases of conflict remains hotly [...]

March 07, 2019 The legalization of recreational cannabis has brought new attention to the dangers of workplace impairment, and with it a greater interest in workplace drug and alcohol testing. This increased interest [...]

February 28, 2019 Flexible work arrangements such as telecommuting, compressed workweeks, and modified hours are a valuable recruitment and retention tool for workers who appreciate having some autonomy over when and where they work, and [...]

February 14, 2019 Investigators recently warned that pilot fatigue was a factor in a "near miss" incident in San Francisco that could have resulted in the "worst aviation accident in history." Yet, fatigue remains an [...]

February 5, 2019 In recent years, prompted largely by the rise of social media and advanced technology, employers have initiated disciplinary measures in novel circumstances. In this audio conference, experienced counsel will explore leading cases [...]

December 13, 2018 Provincial and territorial laws across the country prohibit the unauthorized practice of law, and the Model Code of the Federation of Law Societies of Canada, which forms the basis of [...]

November 29, 2018 Ready or not, legalized cannabis is here. While there's no shortage of news reports detailing the countless new government regulations that have been passed and the potential wide-ranging impacts of [...]

November 27, 2018 As with many other relationships, parties entering into an employment agreement start off with high hopes that they've found the right fit and will make a good match. However, when [...]

November 6, 2018 While our favourite television detectives can solve a crime in under an hour, they tend to ignore procedural safeguards that ensure a fair and confidential process. Conversely, workplace parties can't afford to [...]

October 23, 2018 Privacy issues permeate the workplace, and often present a clash between employees' interests in a sphere of privacy and autonomy, and employers' need for information for legitimate business reasons. This session will [...]

October 2, 2018 There is a saying that people don't leave jobs, they leave managers. Whether it's because of perceived bullying by supervisors or a lack of support in dealing with harassment from [...]

September 27, 2018 Arbitrators and other adjudicators have consistently held that an employer has a "duty to inquire" into an employee's health and possible need for accommodation if an employee displays unusual behaviour [...]

September 20, 2018 Sexual harassment in the age of the #MeToo movement has put the workplace under the microscope. While some conduct clearly crosses the line, there are many other cases that fall [...]

September 18, 2018 This essential session will explore the seminal cases and fundamental principles that shape the disciplinary process in unionized workplaces, and discuss how they are being applied by arbitrators today. Join [...]

September 13, 2018 With cannabis legalization set to come into effect on October 17, employers and unions are preparing to respond to the challenges posed by the increased availability and consumption of what [...]

August 21, 2018 The Supreme Court of Canada's decision in Stewart v. Elk Valley Coal Corporation, in which the majority upheld the dismissal of an employee who failed to disclose his addiction prior [...]

July 26, 2018 Last chance agreements (LCAs) are often used when an employee has been, or is about to be discharged for reasons related to attendance or a substance use disorder. While arbitrators [...]

July 12, 2018 The work of the Truth and Reconciliation Commission and debates around the National Inquiry into Missing and Murdered Indigenous Women and Girls highlight the importance of rethinking the ways in [...]

May 31, 2018 Employers and unions alike accept that there is a high cost to low morale – that friction among co-workers lowers productivity – and recognize that the potential legal liability for [...]

May 15, 2018 In the minds of many, an employee taking a sick day or on sick leave is in bed surrounded by piles of tissues or possibly trying to rest despite great [...]

May 3, 2018 The #MeToo movement and recent high profile events, such as the RCMP's historic apology and compensation to female officers, have raised societal consciousness about the pervasiveness of sexual harassment in [...]

April 19, 2018 Medical issues frequently arise in the workplace that lead to employer requests for medical information, such as fulfilling the duty to accommodate, determining eligibility for benefits, and managing workplace attendance. [...]

April 12, 2018 The rules for working and managing in a unionized workplace are very different from those that apply to non-union workplaces. Managers and supervisors new to unionized work environments as well [...]

March 27, 2018 In the wake of numerous allegations of sexual harassment made against high-profile men, workplace behaviour, including speech, has become the subject of intense scrutiny. While certain types of comments or [...]

March 1, 2018 For many Canadian workers in the "sandwich generation", squeezed between the demands of caring for both their children and their elderly parents, the need for workplace family status accommodation is [...]

February 15, 2018 The extensive caselaw generated by courts, arbitrators and human rights tribunals on the topic of workplace disability accommodation demonstrates that parties frequently disagree on relatively straightforward matters such as obtaining [...]

February 6, 2018 In this session, seasoned counsel will review the most important recent wrongful dismissal decisions and explain their implications for workplace parties. They will also flag significant litigation on the horizon. Final selection [...]

January 25, 2018 In this session, leading labour lawyers will explain how the most important workplace human rights and labour decisions from 2017 will affect you in the coming year and flag significant [...]

December 14, 2017 Communications with clients, opposing counsel, and adjudicators often raise difficult questions about ethics and professionalism. Where is the line between zealous advocacy and incivility? What are best practices for communicating [...]

November 30, 2017 Recent news reports have highlighted the frequency of violence against health care workers and teachers by patients and students under their care, but almost every worker faces the possibility that [...]

November 2, 2017 Reports of employees taking a sick day to watch a baseball game or engage in some other leisure activity are legion. In fact, the improper use of sick leave is [...]

October 24, 2017 Workplace conduct, whether it be employee behaviour or employer actions, often comes under scrutiny in civil law forums through wrongful dismissal actions, grievance arbitrations, and human rights proceedings. Much less [...]

October 19, 2017 Health Canada estimates that in 2016, there were over 2,458 opioid-related deaths in the country, amounting to approximately 7 deaths per day. In response to this opioid overdose epidemic, the [...]

October 3, 2017 When disputes arise at a unionized workplace, the first place to look for guidance is the collective agreement – the contract that governs the rights and responsibilities of employers and [...]

September 28, 2017 On June 15, 2017, the Supreme Court of Canada released its much anticipated decision in Stewart v. Elk Valley Coal Corporation (“Elk Valley”). Grappling with the question of whether an [...]

September 21, 2017 Up to 9% of Canadians will experience post-traumatic stress disorder (PTSD) at some point in their lives, and it is well-recognized that exposure to traumatic events on the job plays a significant [...]

August 22, 2017 When employees engage in out-of-character acts of aggression or misconduct, workplace parties are often caught off-guard and are unsure how to respond. Determining when isolated incidents of aggression or misconduct [...]

August 17, 2017 Newspapers and legal decisions abound with allegations of employees committing “time theft” by using technology for personal pursuits during work hours and co-workers harassing each other online. Using workplace technology [...]

July 27, 2017 Wrongful dismissal jurisprudence in Canada helps to define the nature of contemporary employment relationships. Consequently, it is crucial for lawyers, employers and employees to stay up-to-date on key developments in [...]

June 20, 2017 Canadian arbitrators have the jurisdiction to review discipline imposed on unionized employees and to substitute lesser penalties where it is just and reasonable to do so. In exercising this jurisdiction, [...]

August 22, 2017 While personality disorders have not received the same attention in arbitration and human rights decisions as other mental conditions such as depression or anxiety, they can profoundly affect an individual’s [...]

July 1, 2017 Using scenarios drawn from real-life situations, experienced labour and employment lawyers will provide guidance on a range of ethical issues that arise in negotiation and settlement, including:   Does the [...]

May 9, 2017 The obligation to accommodate employees with disabilities to the point of undue hardship may require an employer to modify job duties, bundle tasks or transfer an employee who is no [...]

May 4, 2017 In recent rounds of negotiations in the Canadian retail sector, scheduling and minimum guaranteed hours of work for part-time employees were key issues. Meanwhile, excessive overtime has been implicated in [...]

April 25, 2017 Given that adults spend most of their lives at work, managers, union representatives and co-workers are in a particularly good position to observe changes in behaviour or hear comments that [...]

April 11, 2017 Attendance management programs have become increasingly common in workplaces across Canada, yet they remain contentious and are often the subject of litigation. In this session, experienced labour lawyers will identify [...]

March 30, 2017 Employers and unions face a myriad of challenges when an employee engages in workplace misconduct that may be attributable to a substance use disorder. Given the obligation under human rights [...]

March 9, 2017 While legal definitions of harassment commonly state that reasonable action relating to the management and direction of employees does not amount to harassment, knowing when behaviour crosses the line, and [...]

March 2, 2017 In this session, experienced lawyers and physicians will share insights on effective ways of getting the medical information you are entitled to and need in your capacity as an employer [...]

February 16, 2017 Employers, unions, and employees all have an interest in ensuring that long-term disability (LTD) benefits are properly administered within a workplace. However, the LTD claims process can be complex and [...]

February 7, 2017 According to a 2010 Statistics Canada survey, 27% of Canadian workers described their day-to-day lives as highly stressful. In a 2015 survey of Canadian workplaces conducted by Morneau Shepell, 30% [...]

January 26, 2017 Seasoned counsel will review the year's most important cases and explain how they will affect you in the coming year. Our experts will also flag significant litigation on the horizon. Final selection [...]

December 15, 2016 In this session, experienced lawyers and physicians will share insights on effective ways of getting the medical information you are entitled to and need in your capacity as an employer [...]

December 1, 2016 In the wake of rising drug and benefit plan costs, workplace parties seek to negotiate drug benefit provisions which are cost-effective but still preserve the principles of group insurance. It [...]

November 17, 2016 In this session, experienced lawyers and physicians will share insights on effective ways of getting the medical information you are entitled to and need in your capacity as an employer or [...]

November 8, 2016 All workplace parties have an interest in ensuring that sick leave and return to work policies and practices are fair, legally compliant, and responsive to both employee privacy concerns and employer concerns [...]

November 3, 2016 When an employee requires accommodation in relation to gender identity or gender expression, the process can be challenging for the employer, the union, and especially the employee. This audio conference will [...]

October 25, 2016 The high-profile investigation of the CBC workplace that followed the dismissal of radio show host Jian Ghomeshi has served to highlight the critical importance of proactive, timely, and fair workplace investigations [...]

October 13, 2016 A series of ground-breaking remedial awards have been released in human rights cases across Canada this year. In this session, experts will highlight emerging trends expanding the range of remedies and quantum [...]

October 4, 2016 The law of wrongful dismissal in Canada has a direct impact on contemporary employment relationships. For this reason, it is important that lawyers, employers, and employees stay up-to-date on key developments in [...]

September 22, 2016 With medical marijuana use on the rise across Canada, and the federal government’s impending move to legalize marijuana for recreational purposes, it is critical for employers and unions to assess [...]

September 15, 2016 Presenteeism is a phenomenon defined by employees coming to work despite having an illness that, realistically, calls for absence. The Canadian Mental Health Association notes that "presenteeism can affect an [...]

September 13, 2016 On July 27, following the completion of a public consultation process, the Special Advisors leading Ontario’s Changing Workplaces Review released their interim report on modernizing Ontario’s workplace laws. In this [...]

July 21, 2016 In an era of rapid technological development, it is crucial for employers, unions and employees to understand workplace privacy rights. In this audio conference, join Lancaster's panel of experts as [...]

June 23, 2016 Featuring special guest speaker: The Honourable Murray Sinclair, Senator Chair of the Truth and Reconciliation Commission  IssuesThe Truth and Reconciliation Commission of Canada provided employment-related recommendations in its final report. One recommendation is [...]

June 16, 2016 In an era of rapid technological development, it is crucial for employers, unions and employees to understand workplace privacy rights. In this audio conference, join Lancaster's panel of experts as [...]

June 7, 2016 The recent high-profile Ghomeshi case has brought increased attention to the issue of employees who engage in criminal conduct both inside and outside the workplace. An employer that doesn't act [...]

May 31, 2016 In the modern digital era, it is becoming increasingly challenging, and necessary, to draw a clear line between the point where the employer's right to manage its workforce ends and the point [...]

May 12, 2016 As employee requests for accommodation of childcare and eldercare needs continue to rise, it is increasingly important for workplaces to have clear policies and practices in place to assess and address these [...]

April 5, 2016 Given that wages and benefits are a primary concern in collective bargaining, union and management representatives need to come to the table knowing what their proposals cost/save. In this session a panel [...]

March 10, 2016 Some recent high-profile arbitration decisions have suggested that, at least in unionized workplaces, an employer's power to dictate what an employee wears at work may be more limited than commonly believed. In [...]

February 25, 2016 As medical marijuana use continues to rise across Canada, employers and unions will be called upon to address workplace marijuana use with increasing frequency. In this session, Lancaster's experts will discuss how [...]

February 14, 2016 The effects of domestic violence often extend beyond the home, impacting the employee at work and potentially compromising the safety of co-workers. In this session, experts will review legal obligations [...]

January 26, 2016 In the accommodation process controversy frequently arises over whether the opinion provided by the employee's treating healthcare professional is sufficient for accommodation. Disputes can also arise when employers receive inconsistent [...]

January 21, 2016 Join Lancaster's experts as they explain how the most important decisions in workplace law from 2015 will affect you in the coming year. The panellists will also highlight significant legislative and policy [...]

December 15, 2015 In this session, a panel of Lancaster's experts will provide practical tips to guide you through tough ethical dilemmas commonly faced by labour relations professionals. Issues to be addressed include:Staying on the [...]

December 3, 2015 In this session, leaders in the field will review the most important wrongful dismissal cases of 2015, and highlight must-know principles for employers, employees and employment law practitioners across Canada. [...]

November 26, 2015 In this practical session, specialists will provide guidance on getting the medical information you need and are entitled to in your capacity as an employer, HR professional, or union representative, [...]

November 24, 2015 The task of labour boards, encouraging "co-operative participation of employers and trade unions in resolving workplace issues," is not an easy one at the best of times. Particular problems, however, such [...]

November 10, 2015 Courts have long pointed to labour boards as the classic example of a specialized tribunal to which they should show deference on judicial review. How much deference are courts actually giving to [...]

November 5, 2015 Labour boards have long dealt with unrepresented workers making duty of fair representation applications against their unions. Increasingly, however, labour boards are faced with non-unionized workers who must represent themselves in [...]

October 22, 2015 A seismic shift has taken place in Canadian labour law. The shift that began in 2007 with the Supreme Court of Canada's recognition of constitutional protection for collective bargaining in [...]

October 22, 2015 In this audio session, a panel of experienced counsel will explain what principles must be considered and applied in addressing concerns regarding employee conduct that impacts the workplace. The following topics [...]

October 8, 2015 When an employee makes a claim for disability benefits, the employer, the employee, the union, and the insurer each have obligations, which may sometimes conflict. In this session, our experts will help [...]

September 23, 2015 Substance dependency may result in significant workplace problems, ranging from lost productivity and absenteeism to issues of workplace safety. Supporting an employee who is struggling with a substance use disorder can be [...]

September 10, 2015 While there is no question that employers must accommodate employees with disabilities "to the point of undue hardship," parties frequently disagree about what amounts to undue hardship. Determining where the point of [...]

July 21, 2015 We live in an information age. The sheer amount of information available on anything or anyone is increasing, and this information is increasingly easy to access. The ease of collecting personal information [...]

July 9, 2015 Employers and unions both have an interest in ensuring that recruitment, hiring, and promotion processes are fair and avoid bias and discrimination. When is it appropriate to seek a criminal record check? [...]

June 18, 2015 In recent years, there has been a revolution in the attitude of courts to family status discrimination cases, broadening the scope of protection afforded to employees under federal and provincial [...]

June 11, 2015 The conflict between employee privacy rights and the need for employers to have reliable, accurate information about an employee's medical condition – in order to fulfill the duty to accommodate, [...]

May 7, 2015 Failing to provide a workplace free of bullying and harassment, including failing to investigate and respond appropriately to complaints, can expose employers to significant liability under human rights and occupational health and [...]

April 30, 2015 Disciplinary meetings and investigations require a careful balancing between employees' rights to privacy and a fair process, and the need to conduct an effective inquiry into allegations. How should the [...]

April 23, 2015 Canada's aging workforce presents employers and unions with the opportunity to harness the skills and experience of mature workers, but also raises thorny challenges. Is it discriminatory to limit flexible work arrangements [...]

April 9, 2015 Accommodating an employee who has a learning or intellectual disability presents special challenges for employers and unions. How can workplace parties recognize when performance issues may be the result of a learning [...]

March 5, 2015 Recent developments in privacy law have resulted in a greater recognition, as well as an increasing expansion, of employee privacy rights in the arbitral jurisprudence. Further, as a result of the Supreme [...]

February 19, 2015 The circumstances surrounding CBC's recent firing of Jian Ghomeshi raise a host of legal issues, including an employer's ability to discharge employees for off-duty behaviour. When can an employee be [...]

February 17, 2015 On January 30, the Supreme Court of Canada issued a decision affirming, for the first time, constitutional protection for the right to strike in Canada. Applying this principle, it quashed [...]

February 12, 2015 As a result of a series of high-profile and very public disclosures in recent months, the problem of sexual harassment in Canada's workplaces has surged to the forefront of workplace law. These [...]

January 22, 2015 In this session, Lancaster's panel of experts will review the most important decisions in workplace law of 2014 and explain how the key legal principles enunciated in those decisions should guide the [...]

December 17, 2014 Under human rights law and occupational health and safety legislation, the atmosphere of a workplace is a "term or condition of employment" just as much as explicit terms such as [...]

November 26, 2014 Stress, anxiety and depression have a profound impact on Canadian workplaces, contributing to lost productivity, absenteeism and workplace conflict. Despite the prevalence of these mental health issues, they remain misunderstood and highly [...]

November 12, 2014 Labour and employment practitioners face an ethical minefield in negotiations and litigation. When is it permissible to bluff in mediation? Is posturing the same as lying? What are the obligations [...]

October 28, 2014 What happens when an employee with a mental health issue or addiction engages in workplace misconduct that may be attributable to the disability? Can an employer dismiss an employee for [...]

October 8, 2014 Advances in technology have created a brave new workplace, blurring the boundary between work and home life and heightening the tension between an employee's privacy rights and an employer's legitimate [...]

September 25, 2014 To what extent are critical comments protected by free speech? Can employers monitor the off-duty activities of employees to ensure they don't cross the line? How should employers and unions [...]

September 11, 2014 With the demise of mandatory retirement, how should an employer deal with accommodation and other issues that may arise with age? With concerns regarding recruitment, revitalization and succession planning? Following [...]

July 10, 2014 "Invisible" or "hidden" disabilities may be described as those disabilities that are not easily discovered by others. Examples include chronic fatigue syndrome, chronic pain, environmental sensitivity, mental illness, cognitive limitations, [...]

June 18, 2014 Overtime can be a desirable way for employees to earn extra income and an efficient way for employers to fill in gaps in work coverage. However, conflicts can arise when employers need [...]

June 3, 2014 Are remedies for human rights violations and harassment on the rise? Can employees expect greater or different remedies from arbitrators, courts or human rights tribunals? In this session, experts will [...]

May 8, 2014 A host of legal issues can arise when an employee wishes to take a job-protected leave, including questions regarding entitlement, notice requirements, benefit and seniority accrual during a leave, whether [...]

April 17, 2014 Alcohol addiction in the workplace can cause significant problems regarding employee health, workplace safety and overall productivity. In response, many employers have implemented policies and programs to prevent drinking at work, respond [...]

April 3, 2014 The collective bargaining process requires careful preparation and strategy, especially when dealing with issues such as wage and benefit calculations. Accurate costing can convert complex bargaining proposals into negotiable financial items. In [...]

March 20, 2014 In this session, experts will review the most important recent decisions relating to discharge and discipline, and how the legal principles enunciated in those decisions may guide the actions and policies of [...]

March 6, 2014 Employers rely on front-line management and supervisors to deal on a one-to-one basis with employees. Occasionally, however, these interactions can go "off the rails" – in some cases, because of [...]

February 27, 2014 Although arbitrators will generally require a progressive disciplinary approach in response to workplace-related misconduct, such an approach may not be appropriate when it comes to some of the most serious [...]

February 13, 2014 Employers need to carefully scrutinize resignations and ensure there is an effective "quit" before refusing to take back an employee who has a change of heart. The words "I quit" [...]

January 30, 2014 In this session experts will review the most important 2013 Supreme Court and court of appeal decisions in workplace law and explain how the key legal principles enunciated in those decisions should [...]

December 19, 2013 Everyone experiences anxiety from time to time, but many people experience anxiety that goes well beyond butterflies in the stomach before giving a speech or nervousness in a new situation. [...]

December 05, 2013 In their pursuit of information to find the best person for the job, employers can run afoul of human rights and privacy laws, even with well-meaning questions and tests. In [...]

November 28, 2013 A host of legal issues can arise when an employee is expecting a child, making it important for workplace parties to know their duties and obligations. How far must an [...]

November 21, 2013 On the popular sitcom Seinfeld, the character Frank Costanza created an alternative holiday called "Festivus" in response to the commercialism and pressure that has come to dominate Christmas. In Canada's [...]

October 30, 2013 There is often a tension between the free speech rights of employees and the interests employers have in controlling their public image and protecting their reputation. This tension is especially [...]

October 02, 2013 On June 14, the Supreme Court of Canada issued its ruling in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., a decision with [...]

September 12, 2013 The duty to accommodate is likely the most common, and one of the most challenging, issues in the contemporary workplace. What are the basic steps that should be taken when [...]

July 10, 2013 The Diagnostic and Statistical Manual of Mental Disorders, or DSM, is often referred to as psychiatry's Bible; it is the authoritative text used by North American psychiatrists and psychologists to [...]

June 27, 2013 Claims of systemic discrimination present special challenges. Establishing this type of discrimination requires proof of policies or practices which disadvantage a certain identified group in the workplace, and is often [...]

June 13, 2013 Until recently, domestic violence was a societal problem but not necessarily a workplace health and safety issue. But, on November 12, 2005, Lori Dupont, a nurse at Windsor's Hôtel-Dieu Grace [...]

May 28, 2013 Requesting a medical examination to prove an employee's fitness to work or to facilitate accommodation often opens a can of worms, creating disagreement and discord that all workplace parties would [...]

May 14, 2013 It is becoming more common for employees to do at least some of their regular work from home instead of going in to the office. Advancements in technology have made [...]

April 25, 2013 Post-Traumatic Stress Disorder (PTSD) is a potentially debilitating mental disorder affecting up to 3% of the population at any given time. In this session, experienced counsel will discuss the legal [...]

April 11, 2013 It is often difficult to draw the line between acceptable workplace joking and horseplay and conduct that is harmful – what seems funny to one worker may in fact be [...]