Thursday, December 13, 2007
12:30 p.m. - 2:00 p.m. EST
Playback: Monday, December 17, 3:30 p.m. - 5:00 p.m. EST

Matthew Certosimo

Employer Counsel
Borden Ladner Gervais

Simon Renouf

Union Counsel
Simon Renouf Professional Corporation

David Chondon

Employer Counsel
Crawford Chondon & Partners

Mary Mackinnon

Union Counsel, Raven
Cameron, Ballantyne & Yazbeck

ISSUES:

What critical advantage do unionized employees enjoy over their non-unionized counterparts? Some say it is security of tenure: the statutory requirement that unionized employers establish just cause for termination in all cases. In contrast, non-unionized employees can be "let go" without just cause, so long as the employer terminates the employment contract appropriately, with proper notice. In this special audio conference, Lancaster's panel of experts practicing in both arenas will examine the key differences between labour and employment law with a focus on discharge and discipline. Topics will include:

• How are the rules of discharge and discipline in the unionized setting different from the common law rules? What constitutes "just cause" for termination in the unionized setting, and how does that differ from the common law wrongful dismissal tests?

• Progressive discipline in labour and employment law: How are the rules different for unionized and non-unionized employers? Which common law rules are applicable in the unionized setting, and vice versa? Which penalties can be used in the common law context versus the unionized context?

• Non-culpable dismissal: When can unionized and non-unionized employers dismiss employees for "innocent" reasons? How does human rights law and the duty to accommodate apply in the law of wrongful dismissal, in comparison to the arbitral jurisprudence governing unionized workplaces?

• Remedies for unjust dismissal: What are the key differences between remedies available at discharge arbitration and court-ordered remedies for wrongful dismissal? When, if ever, does the non-unionized employee have a right to reinstatement? When, if ever, does the unionized employee have a claim for notice pay, severance pay, and damages for unjust dismissal? Will both courts and arbitrators tack on damages for a human rights violation?

• Choice of forum: When, if ever, can a unionized employee sue his or her employer in court?

• Damages in lieu of reinstatement at arbitration: Does the common law approach to calculating notice entitlement apply? Does the duty to mitigate apply? What value are arbitrators placing on the loss of collective agreement rights?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.