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AUDIO CONFERENCE
Return to Work: Current Issues, Practical Solutions
 
FACILITATOR:
Allen Ponak Arbitrator/Mediator
 
THE EXPERTS:
David Law Management Counsel
Emond Harnden
   
Susan Ursel Union Counsel
Green Chercover
 
THE ISSUES:

Some of the questions addressed:

  • To what extent must employees cooperate with their employers on their return to work? Can employees insist on returning to their original job? What if the job has been filled? What are the important elements of a reasonable alternative position? The same rate of pay? Status? Core job functions? Location?

  • In what circumstances have arbitrators and tribunals found return-to-work conditions to be discriminatory? What steps must be taken to ensure that return-to-work conditions will satisfy the duty to accommodate?

  • What is the union's role in helping an employee return to work? How can unions balance the rights of the returning employee with the interests of other employees? How should unions approach seniority rights? Job posting requirements?

  • Rehabilitation: what are the employee's obligations? Can employees refuse treatment without losing compensation benefits, or becoming subject to discipline? What are valid and effective methods for employers to monitor rehabilitation?

  • What medical information can employees be required to provide to their employer? To the union? To the workers' compensation board? What limits can be asserted by employees and their unions?

  • What practical steps can employers take to ensure that employees who fail to comply with return-to-work conditions can be disciplined, where appropriate, without engaging in discrimination?

  • When are an employer's return-to-work obligations exhausted? Under workers' compensation legislation? Under human rights legislation?

 
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