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In this webinar, expert panelists will explore best practices for legal practitioners and labour relations professionals when representing employees who may present as “difficult to work with” (e.g. combative, non-responsive, or invested in their matter to an above-average degree) in internal complaints, grievance or arbitration procedures, or other proceedings, outlining practical guidance for providing compassionate representation while meeting legal and regulatory obligations. Topics to be addressed include:

• What key rules of professional conduct establish legal practitioners’ obligations when representing grievors or complainants? When engaging with a grievor or complainant on behalf of an employer? What legal duties apply to union representatives?
• How can parties distinguish a “vexatious” grievor or complainant from an individual who simply needs additional support? Is there any mechanism through which “vexatious” matters can be addressed on a preliminary basis?
• How should legal practitioners and labour relations professionals respond when, in the course of representing a grievor or complainant, that individual:
  • Is combative or hostile toward the representative or others?
  • Is non-responsive?
  • Appears excessively invested in the matter, repeatedly contacting the representative, the employer, or others?
  • Appear to have a diminished capacity to make decisions?
• How may an employee’s disability impact how they engage with their representative and others? What signs may indicate that an employee has a mental health condition or other disability impacting their conduct? How should legal practitioners and labour relations professionals respond and what legal duties are engaged in this context?
• How might trauma, cultural factors, or previous experiences of discrimination impact the manner in which an individual acts throughout a complaint or grievance? How might trauma-informed and intersectional approaches assist?
• How can legal practitioners and labour relations professionals ensure that their own biases do not impact the manner in which they represent or engage with employees?