Stay up to date on the latest developments in labour law through Lancaster House’s annual webinar addressing noteworthy cases and legislative updates from the past year. Panelists and accompanying materials will address key updates from across the country, addressing topics such as:

• Collective Bargaining, the Right to Strike, and Freedom of Association:
  • What changes to the federal labour relations regime have been introduced through Bill C-39, the Building Canada Strong Act? How will these changes impact collective bargaining processes and dynamics in the federal sector, and in particular the ability of unions to engage in strike action?
  • Is Bill C-39 liable to challenge under s. 2(d) of the Charter? What lessons can be learned from recent cases addressing the legality of government intervention in strike actions? How will the recent advisory opinion from the International Court of Justice affirming that the right to strike is protected under the Freedom of Association and Protection of the Right to Organise Convention (No. 87) impact future court decisions?
• Discipline and Discharge:
  • When will violence or threats of violence result in discharge, and when have arbitrators substituted a lesser penalty?
  • When has off-duty conduct, social-media activity, or the expression of personal or political views provided grounds for discipline or discharge? What connection to the workplace has the caselaw required?
  • When has workplace gossip or disparaging comments about co-workers or the employer resulted in discipline or discharge, and what factors have affected the penalty? Can an employee be disciplined for engaging in workplace gossip?
• Workplace Investigations:
  • What lessons can be learned from recent caselaw regarding best practices for conducting fair and effective workplace investigations?
  • What have arbitrators said about placing an employee accused of misconduct on leave or restricting their access to the workplace while an investigation is underway? When have these measures been upheld as reasonable, and when have they gone too far?
  • What have arbitrators found when an employee who has experienced harassment or discrimination is required to continue working with or encountering the alleged perpetrator? What steps have employers been required to take, and when is continued contact considered reasonable?
• Substance Use and Workplace Privacy:
  • What does the latest caselaw suggest as to when random substance use testing is permissible in safety-sensitive work environments?
• Benefit Plans
  • Is it discriminatory or a Charter violation for a benefits policy to terminate employee coverage at age 65?
• Attendance Management
  • What aspects of an attendance management policy will render that policy unreasonable?
• Legislation:
  • What new or expanded leaves have been introduced throughout the country within the past year? Which jurisdictions have passed legislation restricting employers’ rights to ask for doctors’ notes in support of short-term sick leave?
  • What are the key components of Canada’s Artificial Intelligence strategy and what are the implications of this strategy for Canadian workplaces?
  • What new measures have been proposed under federal legislation recently introduced restricting the importation of goods created using forced labour? Which aspects of the mandate for the Canadian Ombudsperson for Responsible Enterprise (CORE) office, slated for elimination, are not reflected in this legislation?
  • What new limits has the Alberta government introduced regarding the authority of regulatory bodies to discipline professionals for off-duty speech or to impose EDI training? Have other jurisdictions followed suit?

Final selection of topics will take place in the weeks leading up to the webinar, ensuring coverage of the latest and most newsworthy topics in a shifting legal landscape.

For a comprehensive update on key recent developments regarding workplace human rights and the duty to accommodate, register for our upcoming webinar: “2027 Annual Human Rights Update: The latest cases and legislative developments”.