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 decisions concerning workplace fairness and inclusivity have evolved in grievance and arbitration processes. Specifically, the panel will examine the following:

  • How have adjudicators addressed the adverse impacts of systemic racism?
  • What factors have adjudicators considered in disciplinary proceedings involving discrimination or harassment?
  • In what circumstances have damages been awarded against employers for harassment or discrimination? General damages? Aggravated damages? Punitive damages?
  • What can employers and unions learn from recent caselaw about systemic discrimination in the workplace?
  • What proactive steps can unions and employers take to prevent systemic discrimination in the workplace?
  • How can unions and employers best negotiate provisions ensuring non-discriminatory practices?
  • What measures should employers and unions take to create an environment where employees feel safe communicating their concerns or seeking redress?