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Employment Opportunities

 
AUDIO CONFERENCE
Employee Loyalty vs. Employee Rights
 
- MODERATORS -
  
EnlargeAnne Gregory

Union Counsel
UFCW, Local 832
  
Noella Martin

Employer Counsel
Merrick Holm

- THE EXPERTS -
  
Enlarge
Tim Gleason

Union Counsel
Sack Goldblatt Mitchell
  
Enlarge
Erin Kuzz

Employer Counsel
Sherrard Kuzz

THE ISSUES:

Some of the questions addressed:

  • What is the nature of the employee's duty of loyalty to his/her employer?
    Does the duty of loyalty oblige an employee to disclose any moonlighting or freelancing activities? Can an employer prohibit moonlighting? If such a policy is imposed on incumbent employees, does it change the fundamental conditions of employment?

  • How can employees who represent the union reconcile their adversarial relationship with the duty of loyalty? What limitations on that loyalty is the employer required to accept?

  • When do an employee's outside employment/business activities constitute a conflict of interest? What restrictions can the employer impose? What disciplinary actions?

  • Does public criticism of the actions or policies of an employer constitute a breach of the duty of loyalty? When is whistleblowing justified? When is it insubordination? Where do arbitrators draw the line between the duty of loyalty and the public interest?

  • What protections exist for whistleblowers? What statutory protections are already in place? Are the existing protections adequate?

  • Are public service employees held to a higher standard of loyalty? In what circumstances will the public interest in disclosure prevail? What would be the impact of the proposed federal Public Servants Disclosure Protection Act?

  • In what circumstances is the failure to report misconduct by other employees a breach of the duty of loyalty? What is the appropriate disciplinary action? Should the penalty be equal to that imposed on the employee engaged in the misconduct in question? Can it be greater?

  • What is the difference between a "non-solicitation" agreement and a "non-competition" agreement? In what circumstances have courts upheld or rejected a non-competition or non-solicitation agreement? What should be put in/left out of a non-competition/non-solicitation agreement to ensure that it can be enforced?
 

This program has been accredited by the Labour Law Specialty Committee of the Law Society of Upper Canada for 1.5 hours towards the professional development requirement for certification

 
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