April 6, 2006: 12:30 p.m. EST

Playback: Friday, April 7, 3:30 - 5pm

Marli Rusen

Employer counsel
Heenan Blaikie

Judith Allen

Counsel
AIM Law

Some of the questions to be addressed:

• What weight should be given to factors relevant in assessing discipline? e.g. nature of offence, condition of grievor, length of service, disciplinary record, correction, deterrence, provocation, aberration, acknowledgment, remorse, consistency of treatment, candour, subsequent event evidence, etc.
• What factors do arbitrators apply when assessing the appropriate level of discipline? When addressing the seriousness of the offence, are there any types of misconduct that will always warrant discharge?
• What kinds of disciplinary penalties are out of bounds, and why? e.g. Fines? Restitution? Loss of seniority? When is demotion appropriate, and when is it not?
• What are the key features of a valid progressive discipline policy? Is progressive discipline always required? What are the consequences of a failure to apply progressive discipline?
• How do arbitrators treat "zero tolerance" policies? When is such a policy likely to be upheld/rejected? Is it appropriate for health and safety violations? Sexual harassment? Alcohol or drug use? Are different approaches warranted in different industries? Is "zero tolerance" consistent with the requirement for "just cause"?
  
• Is a "culminating incident" always necessary before discipline can be imposed? If a culminating incident is alleged, what details of an employee's past disciplinary record can be taken into account in imposing discipline? What is the effect of a sunset provision limiting reference to an employee's record? What are the consequences of a failure to follow pre-discharge procedures?
  
• What is meant by the "work now, grieve later" rule, and what exceptions have been recognized by arbitrators?
  
• Are "last chance" agreements enforceable? How should they be framed so as to comply with human rights legislation prohibiting discrimination based on disability?
  
  

Here's what participants said about Lancaster's previous audio conferences:

"Good value for money. We had a number of us on the call for a very low price and we did not have to travel."
— Leslie Kerr, Regional Manager, Human Resources, Ryder Logistics and Transportation

"Excellent. Provided good, useful information. The technology was great!!!"
— Colleen Ionson, Labour Relations Officer, Ontario Nurses' Association

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