Beyond the Open Door: Expert guidance on proactively recognizing and responding to employee mental health concerns
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 [...]
Can We Be Friends? Navigating workplace interactions in an increasingly conflicted world
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 [...]
Recovering the Balance: Practical guidance on flexible work, the right to disconnect, and avoiding burnout
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 [...]
Adapting to an Older Workforce: Accommodation, benefits, retirement options
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 [...]
Lancaster’s Workplace Essentials: A primer on remedies for breach of the collective agreement
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 [...]
Returns that Work: Expert guidance on navigating the return of injured or ill employees to work
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 [...]
Extraordinary Harms, Extraordinary Remedies: Learning from exceptional damage awards in human rights and arbitration cases
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, [...]
Charting Vital Signs: Examining current caselaw and legislation in the healthcare sector
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 [...]
Language Matters: Expert guidance on crafting inclusive collective agreement clauses
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 [...]
Untangling the Web: Sorting out administration and accommodation issues in sick leave, LTD, STD and workers’ compensation claims
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 [...]
Lancaster’s Workplace Essentials: Understanding the scope and limits of management rights
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 [...]
Discrimination and Harassment: Experts examine recent cases, emerging trends
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, [...]
Disabilities that Elude Diagnosis: Accommodating employees with undiagnosed or poorly understood conditions
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 [...]
Making a Fair Assessment: Evaluating credibility from an EDI perspective
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. [...]
Shaken to the Core: When will a breach of trust justify termination?
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 [...]
Asset or Adversary? Examining AI’s impact on work and labour relations
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, [...]
Annual Labour Law Update: The Latest Cases and Legislative Developments
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 [...]
Annual Human Rights Law Update: The Latest Cases and Legislative Developments
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 [...]
Hired, Fired, and Everything In-Between: Taking stock of highlights and major trends in employment law
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 [...]
Focus on the Federal Sector: Reviewing the latest caselaw and legislation
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, [...]
Lancaster’s Workplace Essentials: Employee absenteeism
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 [...]
The Latest in Workers’ Compensation: Experts examine recent trends and legal developments
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 [...]
Balancing Employee Privacy and Employer Access to Personal Information: Who gets to know what and when?
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 [...]
Protecting Mental Health in Remote and Hybrid Workplaces: New challenges, innovative approaches
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 [...]
Hot Topics in University and College Labour Law: Academic freedom, privacy, discipline, harassment, contract terms and Charter challenges
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 [...]
The Sobering Realities of Workplace Impairment Identifying causes, addressing risks, providing accommodation
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 [...]
Lancaster’s Workplace Essentials Tackling progressive discipline issues
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 [...]
Treating Toxic Workplaces Recognizing and repairing poisoned work environments
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 [...]
Working with Episodic Disabilities: Using the latest tools
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 [...]
Breaking the Silence: Addressing the men’s mental health crisis at work
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, [...]
Safe Spaces: Accommodating transgender and gender-diverse employees
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 [...]
Fairness in Firing Examining recent principles and rising damages in bad faith termination
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 [...]
Balancing Employee Privacy and Employer Access to Personal Information: Who gets to know what and when?
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 [...]
Opening Doors: Ensuring equity, diversity, and inclusion in hiring, promotion, and retention
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 [...]
Dealing with Highly Sensitive Personal Information: Documenting and accommodating mental health disabilities
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 [...]
Lancaster’s Workplace Essentials: Issues in union representation
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 [...]
Disagreement, Conflict, or Harassment? Practical guidance on dealing with workplace disputes
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 [...]
Watching the Clock: Examining “time theft,” performance, and productivity in the contemporary workplace
April 11, 2023 When employees conduct personal matters at work, are they subject to discipline or dismissal for "time theft"? Are employers permitted to track employee activity to ensure that wages reflect hours [...]
Ties That Bind: Accommodating family status and caregiving obligations
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 [...]
Wired Work: Maintaining confidentiality, privacy, and security in the remote workplace
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, [...]
A New Lens on Management Rights: Responding to the evolving duties of good faith and honest performance
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 [...]
Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces
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. [...]
From Pandemic to Endemic: Adapting the workplace to recurring viral threats
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 [...]
Annual Labour Law and Human Rights Update: Key cases and legislative developments
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 [...]
This Year Has 90 Minutes: Key developments in wrongful dismissal litigation and employment law from 2022
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 [...]
EDI Concerns in the Workplace: A practical session with experts on how to ensure fairness and inclusivity
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 [...]
Current Trends in Workers’ Compensation: Key issues and legal developments across the country
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 [...]
Going to Pot? Managing decriminalization, medical cannabis, and psychedelics
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 [...]
Macro Questions about Microaggressions: When do they amount to harassment? Is discipline or education the appropriate response?
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 [...]
Keeping the Faith: Practical guidance in evaluating and responding to religious accommodation requests
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 [...]
ABCs of Medical Information: How-to guidance on requesting, using and disclosing employee medical information
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 [...]
Predicaments in Privacy: An update on privacy and surveillance technology in the workplace
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 [...]
Attendance Management Essentials: Upholding rights, enforcing obligations
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 [...]
Keep Your Opinions to Yourself! Determining the limits of employee free speech inside and outside the workplace
July 19, 2022 The COVID-19 pandemic has exposed stark divisions within the workplace and outside of it, as two years of pent-up frustration have driven employees and others into polarized camps on an [...]
Difficult Accommodations: Responding to denial, defensiveness, and personality disorders
July 7, 2022 Mental health disabilities can affect workers' judgment, ability to cooperate, and perceptions of others, all of which will likely interfere in the accommodation process. In this session, a mental health [...]
More than Malaise: Burnout as a workplace health, safety, and human rights issue
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 [...]
Sorting Shades of Grey: When do management actions constitute discipline?
June 7, 2022 An employer's management rights entitle it to make rules, set standards, supervise employees, issue performance appraisals, and conduct workplace investigations into possible misconduct, except insofar as the scope of these [...]
The Long Game: New rules for health and safety in a COVID-endemic world
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 [...]
Avoiding Performance Management Pitfalls: Preventing abuse of authority, managing employee reactions
May 3, 2022 While performance management can be a useful tool for employers and employees, it can also result in significant legal issues when conducted improperly. In this session, experts will identify common [...]
Accommodation and Undue Hardship: A focus on recent trendsetting decisions
March 31, 2022 While the duty to accommodate is well established, the exact nature of that duty is constantly changing. For example, the COVID-19 pandemic has introduced new complexity to the accommodation process [...]
The Independent Medical Exam: Working together to make it work
March 10, 2022 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 [...]
Workplace Investigations from Complaint to Closure: Top recent cases and practical pointers
March 1, 2022 Fair and effective investigations are essential in responding to potential misconduct, allegations of violence, harassment, or discrimination, and other workplace concerns. In this session, experts will discuss best practices for [...]
Keeping Up with COVID-19: The latest on mandatory vaccination, exemptions, testing, and more
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 [...]
Transitioning to the Hybrid Workplace: Flex work, the right to disconnect, privacy, and other core issues
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 [...]
Hot Off the Press! Annual human rights and labour law update
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 [...]
2021 in Employment Law: Critical decisions that will affect your practice
December 19, 2021 2021 was a notable year in employment law, with courts having to address perennially vexing issues as well as novel challenges created by the COVID-19 pandemic. In this webinar, leading [...]
Investigating with Integrity: Professionalism in conducting workplace investigations
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 [...]
Crossing the Line? Distinguishing between legitimate management, harassment, and borderline behaviours
November 9, 2021 While some instances of harassment and bullying are easy to recognize, many workplace behaviours are more ambiguous. Workplace parties must be prepared to distinguish harassment and bullying from borderline behaviours [...]
Simmer Down: Cool-headed responses to aggressive behaviour in the workplace
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 [...]
The ABCs of IMEs Reimagined: Reviewing the basics, exploring collaborative models
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 [...]
Attendance Management during COVID-19 and Beyond: What rules will apply in the hybrid workplace?
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 [...]
Torts Illustrated: A primer on torts arising in the workplace context and the latest developments
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 [...]
Homing in on Harassment: Developments in remedies, investigations, and judicial review
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. [...]
Substance Use and the Workplace: Staying up to date on testing, accommodation, return-to-work conditions, and discharge
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 [...]
Current Issues in Health Care Law: Health and safety, accommodation, discipline for off-duty conduct, privacy, and more
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 [...]
Fumbling through Fables? Examining the role of credibility, reliability, and apology in investigations and arbitrations
July 8, 2021 Employers, investigators, and decision-makers are often required to make determinations about the credibility and reliability of employee statements and testimony as part of their work. But how do decision-makers determine [...]
Bill C-65 Explained: An expert forum on the new federal violence and harassment regulations
June 24, 2021 In the midst of the pandemic, federally regulated employers and the unions representing their employees have been tasked with taking significant new steps to combat workplace harassment and violence. Bill [...]
Desperate Times, Desperate Measures: Is strict discipline necessary to ensure workplace safety during the pandemic?
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 [...]
The Price of Inaction: Liability for failing to investigate and respond to workplace concerns
June 3, 2021 Recent high-profile investigations at Rideau Hall and the Canadian Museum for Human Rights have served as a stark reminder that, even in the midst of a pandemic, employers and unions [...]
Speaking Out in the Public Interest: Whistleblowing and the scope and limits of employee free speech
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 [...]
Taking One’s Leave: Determining entitlement to leaves of absence, vacation, and sickness and disability benefits in the time of COVID-19
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, [...]
Examining the Exception: Dealing with bad faith allegations of bullying, harassment, and misconduct
April 8, 2021 While most employees and employers raise workplace issues in good faith, complaints procedures and investigation processes are occasionally abused by those with ulterior motives. Employers and unions must be able [...]
Flashpoints in University and College Labour Law: Contract and term appointments, evaluation, discipline, harassment, and more
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 [...]
Workplace Privacy Today and Tomorrow: What’s on the horizon for privacy law?
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 [...]
Discipline Flashpoints: Benefit fraud, harassment, off-duty misconduct, and other current concerns
March 4, 2021 The questions of whether discipline is warranted and what constitutes an appropriate penalty are perennially contentious issues for workplace parties. These issues are further compounded by the fact that disciplinary [...]
Coping with COVID: Managing stress, burnout, and pandemic fatigue
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 [...]
Public Health and Legal Responses to the Pandemic: What’s behind us, what lies ahead
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 [...]
Live Issues at the Labour Board: What you need to know for 2021
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 [...]
Hindsight Is 20/20: Key cases and developments in labour and human rights
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 [...]
Bullying and Harassment: Addressing borderline cases
December 10, 2020 While bullying and harassment are often easily identified, workplace parties are regularly required to address cases involving behaviour that is more difficult to characterize. Employers and unions must be prepared [...]
Rooting Out Racism: Practical guidance for employers and unions
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 [...]
Workplace Disability Management Systems: Injury/illness rehabilitation, return-to-work plans, and accommodation
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 [...]
Uber Plus – Employment Update: Class actions that succeed, termination clauses that fail, and more
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 [...]
Labour Relations from Your Living Room’, ‘Confidentiality, technology use, and other issues in the remote workplace
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 [...]
“Cancel Culture” and the Workplace: Weighing freedom of expression against the employer’s reputational interest
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 [...]
Doctors at a Distance: Obtaining medical information and protecting privacy in the remote era
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 [...]
Caregiving Needs, Workplace Challenges: How does COVID-19 affect family status accommodation?
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 [...]
Accommodating Disability in the wake of COVID-19: What rules apply? What has changed?
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 [...]
Sharper Than a Serpent’s Tooth: Responding to employee disloyalty and breaches of trust
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 [...]
It’s All About Attitude: Is there a duty to be happy at work? When is a bad attitude a disciplinary offence?
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" [...]
Workplace Violence and Threat Assessment: Essential guidance from the experts
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 [...]
Benefits That Benefit: Designing affordable plans that meet employee needs, enhance retention, and prevent discrimination
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, [...]
Workplace Harassment: Responses that minimize harm to employees and employers
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 [...]
Sickness and Disability Leave: Accommodating employees, preventing abuse, facilitating return to work
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 [...]
Spotlight on Compulsive Behaviour: The duty to accommodate gaming, gambling, sex addiction, and more
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 [...]
Modern Federal Labour Standards: An update on recent and recommended changes
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 [...]
Accommodating Episodic Disabilities: The latest law and research
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, [...]
Righting Wrongs: Extraordinary remedies for egregious cases
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 [...]
On the Horizon in Accommodation: ADHD, autism spectrum disorder, mild cognitive impairment, and other emerging issues
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 [...]
Playing by the Rules: The limits on employer rules and policies
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 [...]
Closing the Divide: Innovative strategies for confronting discrimination and supporting a diverse workforce
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 [...]
Whistle While You Work? Drawing the line on whistleblowing, free speech, and other forms of workplace expression
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 [...]
Disciplinary Investigations: Essential guidance from the experts
March 5, 2020 Employers are often called upon to conduct — and employees and unions must respond on short notice to — workplace investigations into alleged misconduct. Mistakes in these investigations can be [...]
Trendsetting Cases on Undue Hardship: What are the limits of the duty to accommodate?
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 [...]
Protecting Brains in the Knowledge Economy: A guide to psychological health and safety in the workplace
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 [...]
Labour and Human Rights Roundup: Key cases from 2019 and what they mean for 2020
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 [...]
Mental Health in the Legal Workplace: An essential guide for lawyers and paralegals
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 [...]
Wrongful Dismissal Roundup: The year in review
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 [...]
“Good Fit,” Bad Decision? When is hiring, firing, or promoting for suitability unlawful?
November 26, 2019 Hiring and promoting employees who seem like a good "fit" for the culture of the workplace is a common practice, but it is a process fraught with the potential for [...]
Accommodating Poorly Understood Medical Conditions: A guide for employers and unions
November 11, 2019 Although they are relatively common, medical conditions such as chronic fatigue syndrome, fibromyalgia, and environmental sensitivities present difficulties for workplace parties in the accommodation process. Employers and unions are often [...]
Stoned Age: Preparing the workplace for cannabis edibles
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 [...]
Coping with Crisis: Responding to mental health emergencies in the workplace
October 24, 2019 Being prepared to respond to workplace mental health emergencies is just as important as being prepared to respond to sudden injuries or acute episodes of physical ill health. In this [...]
What’s Religious, What’s Cultural, What’s Personal Preference? Determining what’s protected by human rights legislation
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 [...]
Workplace Privacy in a Digital Age: Foundational cases and recent developments
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 [...]
Promoting Wellness, Managing Attendance: What is the scope? What are the limits?
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 [...]
Performance Management Pitfalls: Legal issues in employee evaluations
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 [...]
Disability and Accommodation: Foundational cases and recent developments
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 [...]
Fair or Foul: Do employees have an enforceable right to fairness at work?
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 [...]
Who Judges the Judges? Ensuring arbitrator impartiality, dealing with bias, and seeking judicial review
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 [...]
Nosy or Necessary? Balancing requests for medical information and privacy
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 [...]
Discipline in Disguise? Drawing the line between valid discipline and retaliation
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 [...]
On or Off the Hook: Dealing effectively with insurance claim denials and employer liability issues
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 [...]
After #MeToo, Now What? Victims’ rights, procedural fairness, and reputational risk
June 6, 2019 In the wake of the #MeToo movement, complaints of workplace harassment have continued to rise in number while generating unwanted publicity for businesses and other organizations. In this climate, when [...]
Chronic Mental Stress Claims: Examining the current response of arbitrators, courts, and workers’ compensation boards
May 28, 2019 With chronic or gradual onset stress increasingly being recognized as a compensable workplace injury by workers' compensation boards across the country, employees with such conditions are turning to that system [...]
Family Matters: The latest word on family status obligations
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 [...]
It’s Not Me; It’s You: Distinguishing harassment from personality conflicts at work
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 [...]
Substance Use Disorders: Recognition and accommodation in the era of legalized cannabis
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, [...]
Piecing Together the Puzzle: When do employment standards apply instead of collective agreement benefits (and vice-versa)?
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 [...]
Testing, Testing, 1, 2, 3: An update on post-incident, reasonable cause, and random drug and alcohol testing
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 [...]
The New 9 to 5: Flexible work arrangements in the 21st century
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 [...]
Waking Up to a Workplace Hazard: Addressing fatigue and employee health
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 [...]
Discipline Hot Spots: Off-duty conduct, surveillance, violence, and more
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 [...]
Big Issues in Fine Print: Non-compete, non-solicitation, and mandatory arbitration clauses in employment contracts
February 28, 2019 While non-compete, non-solicitation, and mandatory arbitration clauses are common features of employment agreements, issues regarding their enforcement are typically subject to dispute. In this audio conference, experienced counsel will provide [...]
2018 in Review: Key cases in labour and human rights
January 22, 2019 Leading labour lawyers will review the most important recent decisions from courts, arbitrators, and tribunals, and explain how they will affect you in the coming year. The panel will also [...]
Staying on the Right Side: Disentangling the overlapping roles of lawyers and HR professionals
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 [...]
It’s Legal, Now What? Practical advice on cannabis impairment, fitness for duty and safety concerns
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 [...]
It Just Isn’t Working: The rules on dismissal for incompetence and incapacity
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 [...]
Attendance Management: Addressing absenteeism, accommodating disabilities
November 15, 2018 Attendance management programs are frequently used by employers to address excessive absenteeism, yet such programs remain contentious and must be properly designed and administered to ensure compliance with human rights, employment [...]
More Like Sherlock, Less Like Clouseau: Essential guidance on disciplinary investigations
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 [...]
Accommodating Employees with Depression: The latest research and caselaw
October 23, 2018 Despite its prevalence, employers, unions, and co-workers are often at a loss to help employees with depression. Employees experiencing depression may be hesitant to seek help because of the stigma [...]
Privacy Hot Spots: Top recent cases on drug testing, surveillance, medical records, and personal information
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 [...]
Taking the Bully by the Horns: When is it bullying? When is it management?
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 [...]
What You Don’t Know Can Hurt You: When does the law impose a “duty to inquire” about disability?
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 [...]
Defining Sexual Harassment in the #MeToo Era: Addressing borderline cases
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 [...]
Leading Cases on Discharge and Discipline: Mastering the key principles, foundational cases, and current issues
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 [...]
Reefer Reality: Experts discuss burning questions about legalized cannabis
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 [...]
The Latest on Disability-Related Misconduct’, ‘What’s changed since the Supreme Court’s decision in Elk Valley?
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 [...]
Chronic Pain: Medical and legal experts demystify the issues
August 16, 2018 With an estimated 1 in 5 Canadians suffering from some type of chronic pain, the condition is so prevalent that it cannot be ignored by workplace parties. Given the subjective [...]
The Latest Word on Last Chance Agreements: How to draft them, when to use them, and whether arbitrators will enforce them
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 [...]
Indigenous Traditions: Understanding spiritual practices and approaches to dispute resolution
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 [...]
At the Breaking Point: The growing problem of workplace stress and burnout, and what to do about it
July 12, 2018 Stress, like other workplace hazards, can adversely affect employees' health, making them more susceptible to both physical and mental illnesses; it can also cause employees to become dissatisfied and quit [...]
Dealing with Difficult People: Bullying bosses, sensitive employees, and other challenging personalities
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 [...]
Down and Out or Up and About? What’s considered permissible activity on sick leave
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 [...]
Workplace Sexual Harassment: Encouraging reporting, developing a responsive process, changing the culture
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 [...]
Medical Notes, Specialist Reports and IMEs: Employee privacy vs. the employer’s right to know
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. [...]
Working and Managing in a Unionized Environment: The basics
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 [...]
You Can’t Say That at Work! Charting a course through harassment, insubordination, defamation and free speech
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 [...]
Work/Life Juggling Act: An update on the developing law of family status accommodation
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 [...]
Mastering the Essentials: Accommodating mental and physical disabilities
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 [...]
Bill 148: Practical pointers on implementing Ontario’s new employment standards
February 8, 2018 Bill 148, also known as the Fair Workplaces, Better Jobs Act, 2017, made the most significant changes to the Employment Standards Act (ESA) in decades. Many of those changes took [...]
From Hiring to Firing: Recent wrongful dismissal cases you need to know about
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 [...]
Current and Critical: The most important labour law and human rights decisions of 2017
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 [...]
Ethics in Communication: Straight talk for labour relations professionals
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 [...]
Danger at Work: Responding to violence and harassment by patients, students and others
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 [...]
Bill 148 (the Better Jobs Act): What changes are coming to Ontario’s workplaces?
November 14, 2017 On June 1, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, which proposes a number of significant changes to the province’s labour and employment laws that [...]
Tackling Sick Leave and Return to Work: Credibility, self-reporting, and other thorny issues
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 [...]
Know Your Rights: A primer on criminal law for unions, employees, and employers
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 [...]
The Opioid Crisis at Work: Protecting employees, supporting first responders, accommodating addiction
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 [...]
What Does It Mean? Mastering the rules of collective agreement interpretation
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 [...]
Elk Valley and Disability-Related Misconduct: How has the Supreme Court changed the law?
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 [...]
Post-Traumatic Stress Disorder: Workplace strategies for prevention, recognition and accommodation
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 [...]
A New Leaf for Canada: Dealing with marijuana in the workplace
September 14, 2017 With the rise of medical marijuana use and the impending legalization of recreational use, it is critical for workplace parties to understand their legal rights and obligations in this rapidly [...]
Fits and Flare-ups: Appropriate responses to isolated acts of aggression or misconduct at work
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 [...]
Tech Talk: Ensuring legal and ethical use of technology by employers and employees
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 [...]
The Cases You Need to Know About: Groundbreaking wrongful dismissal decisions in 2016/2017
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 [...]
Complex Accommodation Cases: Stress, obesity, allergies and religious practices
July 13th, 2017 In this advanced session, a panel of experts will address the nature and scope of the duty to accommodate under human rights legislation in relation to four complex areas: stress, [...]
Tipping the Scale: What factors will arbitrators take into account when assessing discipline?
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, [...]
Personality Disorders in the Workplace: Counselling, accommodation and other interventions
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 [...]
Staying on the Right Side: Navigating ethical issues in negotiation and settlement
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 [...]
Job Re-Design: When does accommodation result in undue hardship?
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 [...]
It’s About Time! Drafting collective agreement language on scheduling, hours of work, and overtime
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 [...]
Responding to Employees in Distress: Suicide, self-harm, and PTSD
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 [...]
Managing Attendance at Work: Accommodating employees, respecting rights, curbing abuse
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 [...]
Discipline or Accommodation? Responding to alcohol- and drug-related misconduct
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 [...]
Management vs. Bullying: Where’s the dividing line?
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 [...]
Prescriptions for Obtaining Medical Information: Practical tips from practicing lawyers and physicians
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 [...]
LTD Claims from Start to Finish: Gathering medical information, exploring accommodation, and facilitating return to work
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 [...]
Under Pressure: Dealing with stress, overload, and burnout in the workplace
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% [...]
Current and Critical: The top human rights and labour law cases of 2016
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 [...]
1st Annual Labour Board Update: A cross-Canada review of key cases and trends
January 24, 2017 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 [...]
Dealing with Employees with Mental Health Issues: Ethical dilemmas confronting employer and union representatives
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 [...]
Negotiating Drug Benefits: Generics vs. brand names, pharmacy management, formulary limits, and prior authorization
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 [...]
Substance Use at the Workplace: The scope and limits of accommodation
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 [...]
Sick Leave and Return to Work: Accommodating employees, preventing abuse
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 [...]
Gender Identity and Gender Expression: Best practices in the workplace
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 [...]
Disciplinary Investigations: Revisiting the rules in a post-Ghomeshi era
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 [...]
Damages and Dignity: Trendsetting remedial awards in human rights cases
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 [...]
The Top 10 Wrongful Dismissal Cases: Recent ground-breaking decisions
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 [...]
Legalizing Marijuana: Assessing the workplace implications of medical and recreational use
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 [...]
Healthy Employees, Productive Workplaces: Effective approaches for handling absenteeism and presenteeism
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 [...]
Ontario’s Changing Workplaces Review: Experts assess the Special Advisors’ interim report on legislative options
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 [...]
Autism in the Workplace: Understanding and accommodating autism spectrum disorders
August 18, 2016 Autism spectrum disorders are a group of developmental disorders. People with autism spectrum disorders vary widely in their individual traits and abilities; however, people with these disorders do share some [...]
Privacy Matters at Work: The top ten Canadian cases
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 [...]
Conduct Gone Viral: Private behaviour, public reaction, and workplace consequences
July 14, 2016 The proliferation of social media use continues to blur the boundaries between an employee's personal and professional life, raising a host of legal issues such as an employer's ability and [...]
Ensuring Equality at Work for Aboriginal Peoples: Addressing the workplace recommendations of the Truth and Reconciliation Commission
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 [...]
Stopping Sexual Harassers Cold: Optimal practices for complaint procedures, investigations, and survivor support
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 [...]
Crime and Punishment: Workplace responses when employees face criminal charges
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 [...]
Management Rights or Prying Eyes? Disentangling the law of workplace surveillance
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 [...]
Family First? Best practices in accommodating childcare and eldercare responsibilities in the workplace
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 [...]
Collective Agreements: Drafting innovative clauses, interpreting contract language
April 28, 2016 It is critical for those involved in labour relations to be familiar with the key principles of collective agreement interpretation and with innovative clauses that can be included in agreements [...]
The Price Is Right: An expert guide to costing collective agreements
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 [...]
Putting the Stress on Dress: Trendsetting cases on dress and appearance policies
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 [...]
Medical Marijuana: Workplace implications for drug testing, zero tolerance, and accommodation
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 [...]
“No offence, but you’re fired!” When is non-disciplinary suspension or termination appropriate?
February 11, 2016 With the Supreme Court of Canada set to weigh in on the issue of non-disciplinary terminations under the Canada Labour Code, and in light of that court's recent clarifications on [...]
When Spheres Collide: Dealing with the impact of domestic violence in the workplace
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 [...]
Getting a Second Opinion: In workplace medical disputes, whose advice prevails?
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 [...]
Preparing for the Year Ahead: The key cases from 2015 and their implications for 2016
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 [...]
Doing the Right Thing: A roadmap on ethics for labour relations practitioners
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 [...]
Employment Interrupted: The top wrongful dismissal cases of 2015
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. [...]
Prescriptions for Dealing with Doctors: Getting the information you need
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, [...]
Tough Issues Facing Labour Boards: Statutory freeze questions, health and safety claims, rogue employer remedies, and more
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 [...]
Bipolar Disorder: Understanding the condition, accommodating the employee
November 12, 2015 Bipolar disorder, previously called manic depression, is marked by dramatic mood swings involving extreme highs and devastating lows. It can create serious challenges at work not only for the employee [...]
Developments in Judicial Review: Key cases, recent trends
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 [...]
Ensuring Access to Labour Justice: Dealing with self-represented parties
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 [...]
Beyond Master and Servant: Defining the employer-employee relationship in the age of Uber
October 27, 2015 While classifying workers as employees or contractors has long been a task for courts and labour boards, the proliferation of new and non-standard working relationships, like those created by Uber, [...]
Freedom of Association at the Labour Board: Exploring the implications of the Supreme Court’s New Labour Trilogy and other recent Charter decisions
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 [...]
The Truth About Consequences: Assessing appropriate discipline
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 [...]
Disability Insurance Claims: Untangling the issues
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 [...]
Tackling Substance Dependency in the Workplace: Policies and practices that work
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 [...]
Testing the Limits of the Duty to Accommodate: Trendsetting cases on undue hardship
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 [...]
Minding Your Own Business: Privacy rules on collecting, using, and disclosing employee information
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 [...]
Avoiding Pitfalls in Postings and Promotions: Ensuring fairness, complying with the law
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? [...]
Feeling the Squeeze: The latest word on accommodating family responsibilities
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 [...]
The ABCs of IMEs: When are they useful, when are they required?
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, [...]
Anxiety and Stress Disorders at Work: Prevention, accommodation, compensation
May 28, 2015 Stress and anxiety are major health concerns. Approximately 12% of Canadians are affected by anxiety disorders that cause mild to severe impairment in daily living, and more than one in [...]
Standing Up to Workplace Bullies: Assessing discipline, supporting victims, promoting safety
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 [...]
Staying on the Right Side: The do’s and don’ts of fair and effective disciplinary meetings and investigations
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 [...]
Managing the Transition to Retirement: Flexible work arrangements and other critical issues for retiring employees
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 [...]
Learning to Accommodate: A step-by-step guide to accommodating employees with learning and intellectual disabilities
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 [...]
Who’s Running the Shop? Balancing employer rules against employee privacy
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 [...]
Anti-Social Media: Pulling the plug on electronic bullies
February 26, 2015 The use of electronic communication to harass, bully, threaten, and malign, also referred to as "cyberbullying," has become a growing concern in the 21st century workplace. While cyberbullying shares certain [...]
Shining a Light on Off-Duty Misconduct: When is it cause for discharge?
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 [...]
The Right to Strike: A detailed discussion and analysis of the Supreme Court’s decision in Saskatchewan Federation of Labour v. Saskatchewan
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 [...]
Sexual Harassment in the Workplace: Overcoming a culture of fear
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 [...]
Looking Back, Looking Forward: What’s happened recently – and what lies ahead?
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 [...]
Harassment and the Toxic Work Environment: Examining rights and remedies
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 [...]
Attendance Management & Accommodation: Controlling absenteeism, respecting rights
December 4, 2014 Attendance management programs are frequently used by employers to address excessive absenteeism, yet such programs must be properly designed and administered to ensure compliance with human rights, employment standards, and [...]
Dealing with a Workplace Epidemic: Accommodating stress, anxiety and depression
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 [...]
Ethical Dilemmas: Professional guidance for labour and employment practitioners
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 [...]
Responding to Disability-Related Misconduct: Discipline or accommodation?
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 [...]
Cyberloafing, Cyberspying: Computer theft, privacy rights
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 [...]
Fair Criticism or Trash Talk: Where to draw the line in workplace expression
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 [...]
Mind the (Generation) Gap: Tackling age discrimination in hiring, performance, benefits and termination
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 [...]
What You Don’t Know Can Hurt You: Accommodating mental illness, addiction and other hidden disabilities
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, [...]
Workin’ Nine to Nine: Overtime issues in the modern workplace
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 [...]
Dignity and Dollars: Damages and other remedies for harassment and discrimination
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 [...]
Accommodation Overload: Refereeing competing accommodation requests in the workplace
May 22, 2014 The most difficult accommodation situations involve the challenge of accommodating multiple employees at the same time. What criteria should employers use to referee competing accommodation requests, or competing rights? What [...]
So Long, but Not Goodbye: The ins and outs of job protected leaves
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 [...]
Employees in Crisis: Modern approaches to alcoholism at the workplace
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 [...]
Crunching the Numbers: An expert guide to costing collective agreements
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 [...]
Discharge and Discipline: The top ten recent cases
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 [...]
Drawing the Line: When is it bullying, when is it management?
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 [...]
One Strike and You’re Out? When is misconduct a firing offence, when is progressive discipline appropriate?
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 [...]
Quitting but not Splitting: When do resignations not count due to stress, illness or anger?
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" [...]
Important Developments in Labour & Employment Law in 2013: (and what they mean for you in 2014)
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 [...]
Mental Illness on the Rise: Accommodating employees with anxiety disorders
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. [...]
Help Wanted: Ensuring legally compliant recruitment, hiring and promotion
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 [...]
What to Expect When She’s Expecting: A primer on pregnancy and parental leave
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 [...]
Festivus for the Rest of Us?: Celebrating the holidays in a multicultural workplace
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 [...]
Anger Management: Rage as a health and safety risk in the workplace
November 14, 2013 Anger is a natural, and sometimes even productive, reaction in certain situations. However, sometimes individuals become angry in inappropriate situations or express their anger in inappropriate ways. Sometimes individuals are [...]
Talking Politics at Work and Beyond: What are the limits?
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 [...]
Counselling or Discipline: What works better? When is it grievable?
October 17, 2013 Every day, employers may deal with a range of challenges such as workplace conflict, employee misconduct and unsatisfactory performance. It is often difficult to determine whether counselling or discipline is [...]
Drug and Alcohol Testing: The lay of the land after the Supreme Court of Canada’s Irving decision
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 [...]
Attendance Management: Applying and adjusting the rules for employees with mental health issues
September 24, 2013 Within certain limits, employers have the right to manage employee attendance, set standards, and control excessive absenteeism. However, when an employee's absenteeism is the result of a mental disability or [...]
Fulfilling the Duty to Accommodate: A step-by-step guide
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 [...]
Changing medical definitions of mental disabilities, and the potential impact on workplace law
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 [...]
Systemic Discrimination: Challenging stereotypes, breaking down barriers
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 [...]
Domestic Violence and the Workplace: A new frontier in workplace protection
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 [...]
Medical Examinations: Everything you want to know, but are afraid to ask
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 [...]
Offsite and Online: The legal upsides and downsides of working from home
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 [...]
Post-Traumatic Stress Disorder: Prevention, accommodation, compensation
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 [...]
Out of Bounds: Pranks, jokes and horseplay that cross the line into violence and harassment
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 [...]
High-Conflict Personalities: Dealing with difficult behaviours and personality disorders (e.g. narcissistic, paranoid, anti-social)
March 21, 2013 People who have a pattern of creating or increasing conflict with others can be characterized as people with 'high-conflict personalities.' With these individuals, the issue in dispute doesn't cause the [...]
Episodic Disabilities: What accommodations are required for conditions involving recurring periods of illness/disability? (e.g. HIV, cancer, mental illness)
March 07, 2013 Episodic disabilities are disabilities that are characterized by periods of good health alternating with periods of illness or disability. These episodes of disability often occur unpredictably and their duration is [...]
Lying in the Workplace: When does dishonesty irreparably harm the employment relationship?
February 21, 2013 Dishonest conduct by employees is serious, and in some cases will lead to a breakdown of trust in the employment relationship. What factors support discharge for dishonesty? When is a [...]
Workplace Bullying: Leading experts discuss practical strategies for prevention
February 07, 2013 Workplace bullying and harassment can have a devastating effect on victimized employees and the work environment at large. How can employers, unions and workers properly identify workplace bullying? What preventative [...]
The Most Important Developments in Labour & Employment Law in 2012 (And what they mean for you in 2013)
January 31, 2013 The new year is sure to bring new challenges in labour relations, but a good grasp of key legal developments in labour and employment law from the past year will [...]
Navigating Discharge and Discipline: A roadmap for employers and unions
December 19, 2012 In unionized workplaces "just cause" provisions in collective agreements require discipline and discharge to meet procedural and substantive norms; thus, for example, discipline must be proportional to the misconduct and, [...]
Sick Leave and Surveillance: Proving entitlement, preventing abuse, protecting privacy
November 28, 2012 Disagreements commonly arise regarding the extent of medical information employers may request for the purpose of establishing entitlement to sick leave and/or disability benefits. Employees making such claims are anxious [...]
Correcting Absenteeism while Respecting Employee Rights: Recent cases on attendance management programs and last chance agreements
November 22, 2012 Attendance management programs are often adopted by employers in order to remedy workplace absenteeism. However, these programs must not ignore employee privacy rights and the accommodation of employee disabilities. In [...]
New Rules for Employee Use of Workplace Computers: Implications of the Supreme Court’s decision in R. v. Cole
November 20, 2012 On October 19, the Supreme Court of Canada issued its ruling in R. v. Cole, a decision making major changes to the law of workplace privacy in Canada, particularly as [...]
Workplaces Gone Wild: The dos and don’ts of office holiday parties
November 06, 2012 Holiday office parties are often a much-anticipated opportunity for members of the workplace to relax and celebrate socially. However, employers and unions should be aware of the risks that arise [...]
Family Matters: Current cases and changing perspectives on leaves, shift-work, child care and elder care
November 01, 2012 We all face challenges in balancing work life and family life. When will child care or elder care obligations attract the protection of human rights law prohibiting family status discrimination? [...]
Off the Clock, Off the Radar?: Disciplining employees for after-hours conduct
October 18, 2012 In an age in which employers can tap into employees' social networks to easily discover employees' off-duty activities and conversations, the apparent conflict between the employee's right to a private [...]
Sex, Drugs and Videogames: When do habits become addictions? What is the scope of the duty to accommodate?
October 03, 2012 Identifying behaviours as addictions and providing accommodation to employees with addictions can be difficult. While drug, alcohol and even gambling addiction are widely recognized disorders, significant uncertainty exists as to whether compulsive [...]
Sin and Redemption: Aggravating and mitigating factors in assessing discipline
September 27, 2012 Arbitral jurisprudence has enunciated several well-accepted aggravating and mitigating factors that should be considered in determining the appropriate response to employee misconduct. In this audio conference, Lancaster’s panel of experienced [...]
Scents and Sensibility: Accommodating employees with multiple chemical sensitivity
September 13, 2012 Multiple chemical sensitivity (MCS) is a little-understood but serious condition. The presence of everyday items like perfumes, cleaners and gasoline can set off serious, allergy-like reactions in people with MCS. [...]
Facing Down the Black Dog: Responding to depression in the workplace
July 12, 2012 Winston Churchill, despite being one of the most successful leaders in British history, often struggled with a condition he called ‘the black dog,’ i.e. depression. Despite its prevalence, depression remains [...]
Kissing and Dissing: Intervening when workplace romance goes wrong
June 28, 2012 Most people would agree that employers have no place in the bedrooms of the workforce. But employers may need to intervene when co-workers engage in romantic relationships, especially when these [...]
Cyberslackers and Cybertrackers: Status update on internet use and privacy in the workplace
June 07, 2012 Technology now allows employers to monitor employees both on and off the job, creating debates about the boundaries of employees’ privacy rights. The recent media furor over employer demands for [...]
Strikes, Lockouts, Picketing and Work-to-Rule: What’s the latest law on industrial warfare?
May 17, 2012 With governments focused on eliminating deficits, labour conflict looms. While less trouble is expected in the private sector in the coming months, recent private sector labour disputes, such as the [...]
Stress, Overload and Burnout: Prevention, Accommodation, Litigation
May 03, 2012 Stress is a major issue in Canadian workplaces. While there is broad consensus that Canadians are often "stressed-out" at work and that policies are needed to reduce that stress, some [...]
Skimpy Outfits, Piercings and Tattoos: How far can employers go to protect their image?
April 19, 2012 Employers often go to great lengths to create a certain “look” or image for their enterprise. As part of creating that image employers often seek to impose certain standards on [...]
Minding Your Own Business: The impact on the workplace of the recent court decision (Jones v. Tsige) creating a right to privacy
March 03, 2012 The Ontario Court of Appeal recently released Jones v. Tsige, a landmark decision recognizing a right to sue for invasion of privacy. This decision will have a profound impact on many areas [...]
“Urine or You’re Out”: The changing law on random drug testing and the alternatives
March 14, 2012 Employers have an important interest in maintaining a safe workplace free from employees impaired by drugs. However, employees also have a right to reasonable privacy in the work environment. How [...]
Employer-Employee Meetings and Dealings: When should the union be in the room? When can management go it alone?
March 01, 2012 It is often difficult to determine which employer-employee interactions require union participation. Can an employer rearrange shifts or allocate overtime without consulting the union? Can the employer unilaterally schedule vacations, [...]
Mistreatment and Abuse of Employees: What are the consequences? What are the remedies?
February 16, 2012 In unionized workplaces employees have access to the grievance procedure to obtain redress for mistreatment. However, in some cases the mistreatment of an employee may result in the end of [...]
Lying, Cheating and Stealing: What acts of employee dishonesty warrant automatic discharge?
February 02, 2012 Acts of dishonesty are taken very seriously in all workplaces, but is automatic discharge for dishonesty justified? What factors support the termination of employment for dishonesty? What factors support a [...]
Disciplinary Investigations: What questions can employers ask? What questions should employees answer?
January 19, 2012 Workplace investigations often deal with issues of serious misconduct, such as theft, harassment or dishonesty. Employers, employees and unions should understand the proper scope of these investigations. What questions can [...]
Pension Issues: What can unions and employers do in collective bargaining to address the pension crisis
December 15, 2011 Pensions in both the public and private sectors face a funding crisis. It seems unlikely that the current pension regime can cope with the social and economic pressures that an [...]
Accommodating Learning and Cognitive Disabilities in the Workplace: Innovative approaches, trailblazing decisions
December 01, 2011 Mental illness has received the lion's share of attention in the jurisprudence addressing mental disabilities in the workplace. Yet, learning and other cognitive disabilities also meet the definition of mental [...]
Dealing with Bullying Bosses: How management can control them; how employees can effectively respond to them
November 17, 2011 Employers often rely on front-line management and supervisors to handle complaints of harassment, but what happens when a front-line manager engages in bullying beahviour? How should employees and unions respond? [...]
The Key Factors in Assessing Undue Hardship: Which are important and how important are they?
November 02, 2011 While there is no question that employers must accommodate disabled workers in the workplace "to the point of undue hardship," there is significant confusion about what "undue hardship" means. Frequently, [...]
Good Faith Dealing Between Employers and Employees: What is legally required?
October 20, 2011 Courts have long implied into employment contracts an “all pervasive” duty of good faith and fidelity that constrains the behaviour of employees. Canadian labour relations statutes impose an obligation on [...]
Resolving Complex Disputes: An Advanced Session
October 06, 2011 The basic principles of human rights legislation seem simple enough, and the underlying goal of equality enjoys almost universal support. However, applying human rights legislation in the real world can [...]
Assessing and Reviewing Appropriate Discipline: The ten essential steps for unions and employers
September 22, 2011 In this audio session, a panel of experienced counsel will walk through ten key steps in determining an appropriate response to apparent workplace misconduct. They will address issues occurring throughout [...]
Workplace Peacekeeping: Handling conflict between employees, and dealing with differences between employees and supervisors
September 08, 2011 What options are available to achieve peace in the workplace? How can employers become more effective at resolving and minimizing conflict? How do employers, unions and employees work together to [...]
Difficult Encounters: Ensuring legally compliant pre-employment, disciplinary, attendance-management, and exit interviews
July 07, 2011 Interviews in the workplace raise a host of legal issues, for the prospective and former employer, the employee, and the union. What questions can’t an employer ask in a pre-employment [...]
Achieving Work-Life Balance: Accommodating family obligations, including child-care and elder-care
June 23, 2011 Employees are often faced with conflicts between their family and work responsibilities. Family status is a protected ground of discrimination under human rights legislation. But what is family status? Does [...]
Finding the “Right” Accommodation: Adjusting the work environment for disabled employees without causing the employer undue hardship
June 16, 2011 In this audio session, a panel of experts will explore issues commonly encountered in efforts to accommodate disabled employees and will examine how these issues may be resolved to the [...]
Workplace Liability: Addressing claims for discrimination and mental distress
June 02, 2011 Employers can now find themselves liable to pay significant monetary damages for mental distress or injury to an employee's dignity. In what circumstances will damages for mental distress or injury [...]
Discussion of the Supreme Court’s Controversial Decision in the Fraser case: Collective Bargaining Rights under the Charter
May 27, 2011 On Friday April 29, the Supreme Court of Canada issued its long-awaited decision in Ontario (Attorney General) v. Fraser concerning the protection of the right to collective bargaining under the [...]
Insured Benefits: Key issues involving health spending accounts, eligibility restrictions, insurance carrier changes, adjustable drug formularies and arbitration of benefit claims
May 19, 2011 Employees want to know that they will have access to medical care not covered by government insurance, and they want the security of knowing they will have income if they [...]
Social Media and Cyberlaw: Balancing privacy rights and access to information
April 20, 2011 Can employees be disciplined for comments they make about their employer on Facebook? What if they believed that their privacy settings were such that only a few "friends" could see [...]
Management Rights: Defining the scope and the limits
April 07, 2011 Any time management makes a decision in connection with the workplace that is not explicitly addressed in the collective agreement, the question will arise as to whether this action is [...]
Special Challenges in Accommodation: Addressing issues involving obesity, the transgendered, the chemically sensitive, religious minorities, etc.
March 17, 2011 The diversity of Canadian society is increasingly reflected in Canadian workplaces. Not surprisingly, new issues in accommodation are continually emerging and posing challenges for workers, unions, and management alike. In [...]
The Top 10 Human Rights Cases
March 03, 2011 Decisions touching on issues of human rights in the workplace are released every week, but familiarity with the landmark decisions will provide you with the foundation you need to master [...]
Pregnancy and Parental Leave: Current cases, the latest law
February 17, 2011 How far must an employer go in accommodating the preferred alternative work schedules of pregnant employees? Can parental leave be split into multiple absences from work, or must it be [...]
Attendance Management Programs: What will pass muster? What won’t?
February 03, 2011 The implementation of an attendance management program can be an effective way to remedy workplace absenteeism. However, the right of employers to demand that their employees attend work must be [...]
Costing Collective Agreements: Calculating compensation, applying strategic concerns
December 01, 2010 In this audio conference, seasoned negotiators will explain the principles of costing and will take you through the key elements of a workable model of costing and a variety of [...]
Bill 168: An update on best practices for complying with Ontario’s legislation on violence and harassment
November 18, 2010 The provincial government's Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, is in force as of June 2010, with immediate impact on [...]
Disability-Related Misconduct and Problems of Underperformance: Dealing with mental illness and addiction
November 04, 2010 What happens when an employee with a mental illness or an addiction has a performance or attendance issue or engages in workplace misconduct that may be related to the disability? [...]
Accommodating Anxiety and Stress: A new look at pervasive issues
October 22, 2010 Job-related stress and anxiety are having a profound impact on Canadian workplaces – contributing to sickness, disability, and loss of productivity. But deciphering the employer, employee, and union's rights and [...]
Investigating Misconduct: An update on error-free approaches
October 07, 2010 Employers are often called upon to conduct, and employees and unions to respond on short notice to, workplace investigations dealing with issues such as harassment, theft, or other misconduct. Be [...]
Returning Employees to Work: Implementing the duty to accommodate
September 23, 2010 Returning injured or disabled employees to work requires the cooperation of employers, employees and the union. The duty to accommodate places a legal obligation on all parties to work together [...]
Handling Employee Health Information and Privacy Concerns: Do’s and Don’ts
September 10, 2010 Access to employees' medical and health-related information is often necessary for employers to discharge their obligations to accommodate disabled workers and to provide a safe workplace. How much information are [...]
The Top 10 Rules on Collective Agreement Interpretation
June 24, 2010 When disputes arise at a unionized workplace, the first place to look for guidance is the collective agreement – the contract that is meant to govern the rights and responsibilities [...]
Discipline for Off-Duty Conduct: Update on the law
June 17, 2010 Employees are generally entitled to a sphere of privacy, where what they do off duty is outside of the concern and control of the employer. However, in some cases, an [...]
Working Overtime: An update on legal and legislative issues
June 08, 2010 The assignment of overtime work can be a desirable way for employees to earn extra income and an efficient way for employers to draw on their trained workforce to fill [...]
Assessing Discipline and the Alternatives
May 27, 2010 What objectives should shape the decision to impose sanctions and the level of the sanctions? Rehabilitation? Punishment? Deterrence? Correction? To minimize the negative impact on employer-employee relationships and productivity, a [...]
The Top 10 Cases on Workplace Privacy in the Unionized Workplace
May 13, 2010 Decisions touching on issues of workplace privacy are released every week, but familiarity with the landmark decisions will provide you with the foundation you need to master this area of [...]
Update on Undue Hardship: Understanding the limits of accommodation
April 29, 2010 Employers are obligated to accommodate an employee, whose personal characteristics are protected under human rights legislation, to the point of undue hardship. But what is undue hardship, and what kind [...]
The Top Ten Cases on Wrongful Dismissal and Employment Law: A roundup of key decisions
March 11, 2010 Employment cases are countless, but knowledge of the landmark decisions will provide you with the foundation you need to master this area of law. On March 11, Lancaster's panel of [...]
Costing Collective Agreements: The ABCs of calculating compensation
March 04, 2010 Objective and accurate costing can whittle down complex collective bargaining proposals into tangible dollars and cents. In this audio conference, a group of experts and seasoned negotiators will discuss the [...]
Post-Retirement Benefits: Addressing emerging issues
February 24, 2010 In these difficult economic times, employers are looking for ways to control the soaring costs of retirement benefits, while unions are working to preserve and expand existing entitlements for workers. [...]
Disability-Related Misconduct: Deciding between discipline and accommodation
February 04, 2010 Can an employer dismiss an employee for misconduct caused, in part, by a disability? Does an employee have the right to accommodation where his or her disability results in misconduct [...]
The Top Ten Court Decisions on Arbitration: A focus on foundational cases
January 27, 2010 New decisions come down every day, but there are seminal cases which every day shape the law of labour arbitration. Our panel of expert workshop leaders will take you through [...]
Employee References and Background Checks: What to do, what to avoid
January 21, 2010 Employee references and background checks raise a host of legal issues, for the prospective and former employer, the employee, and the union. What rights, for example, does an employee have [...]