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 Law Office

April 25, 2024

Whenever management makes a workplace decision that is not specifically addressed by the collective agreement, the question arises whether this action is a valid exercise of management rights. In this installment of Lancaster’s Workplace Essentials webinar series, expert panelists will examine recent case law and key principles relating to management rights. Topics to be address include:

  1. In the absence of collective agreement language, is an employer in a unionized workplace required to exercise its right to manage in a fashion that is reasonable and fair, and to act honestly and in good faith?
  2. How has the duty of good faith and honest performance been applied?
  3. Where the collective agreement confers discretion on an employer, must the employer use this discretion reasonably? What test must employers meet when they introduce a unilateral rule or workplace policy?
  4. In what circumstances will an arbitrator find that employers have exercised their discretionary management rights properly? Improperly? What kinds of remedies may an arbitrator order in these circumstances?
  5. How have the foregoing principles been applied in recent caselaw dealing with drug and alcohol testing, attendance management, and electronic monitoring?

CPD

CPD Alberta
This program has been approved for Continuing Professional Development 1.5 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
CPD BC and Yukon
This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.
CPD Alberta
This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

CPD

  • This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.
  • Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.
Published On: April 25th, 2024