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 have courts and arbitrators balanced issues of free speech and academic freedom against the need for colleges and universities to ensure integrity in academia and protect their reputations and student wellbeing?
- To what degree do professors and instructors have a reasonable expectation of privacy in the contents of their work-related devices?
- What aspects of COVID-19 policies have been found to render the policies reasonable or unreasonable in the college and/or university context? How have arbitrators approached the exercise of management rights by academic employers during the pandemic? What lessons may be learned for future viral threats or similarly disruptive events?
- What trends in discipline and damages are discernible in cases of discrimination and harassment perpetrated by employees of colleges and universities? To what degree have changing societal norms and the academic context impacted outcomes in these decisions?
- What guiding principles have arbitrators drawn upon in interpreting collective agreement terms in the post-secondary context? How has a “plain language” approach guided the analysis? To what degree will “extrinsic” evidence be considered?
- What do recent decisions from Manitoba, Nova Scotia, and Ontario suggest regarding the government’s ability to intervene in collective bargaining in the educational sector?
- With several provinces enacting legislation restricting the use of non-disclosure agreements (including legislation in Ontario targeting post-secondary institutions), should colleges and universities consider ceasing use of non-disclosure agreements?