Includes: Webinar Recording with all Associated Materials June 19, 2025 In this installment of Lancaster’s Workplace Essentials webinar series, panelists will review key principles [...]

Includes: Webinar Recording with all Associated Materials May 23, 2023 Obtaining information to accommodate an employee's mental health disabilities can pose challenges for employers and unions. In this webinar, [...]

Moderator Gurleen S. Sahota Vice-Chair British Columbia Labour Relations Board Speakers Aubrey Gonsalves Diversity Vice-President Canadian Union of Public Employees (CUPE) National Sania Chaudhry Labour, Employment and Human Rights Lawyer, [...]

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 [...]

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 [...]

Includes: Webinar Recording with all Associated Materials October 6, 2021 The use of independent medical examinations (IMEs) in determining appropriate accommodations is highly contentious. Unions and employees may doubt [...]

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 [...]

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 [...]

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 [...]

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 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 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 [...]