March 1, 2007, 12:30 p.m. - 2:00 p.m. EST

Playback: Monday, March 5, 3:30 p.m. - 5:00 p.m. EST

Diane Gee

Employer Counsel
Heenan Blaikie LLP

Anne Gregory

Union Counsel
Canadian Union of Public Employees

Craig Flood

Union Counsel
Koskie Minsky LLP

Rebecca Saturley

Employer Counsel
Stewart MacKelvey Stirling Scales

The common law rules governing discharge for incompetence and incapacity have changed, as a number of recent arbitral awards and judicial review decisions demonstrate. With the right knowledge, performance issues can still be effectively and legally managed through the disciplinary process. In this session, a panel of experts will update listeners on the latest legal developments, including:

• Discipline and discharge for performance deficiencies: When do performance deficiencies give the employer just cause for discipline? What steps must employers take prior to dismissing an employee for poor performance?  Enforcing safety standards: Are specific-penalty policies valid? Do the rules of progressive discipline and culminating incident apply? When will a single safety infraction justify termination?  Does the duty to accommodate require employers to apply different performance standards to disabled workers?

• Non-disciplinary responses to performance deficiencies: the changing rules: Is the distinction between culpable and non-culpable conduct still valid? Administrative versus disciplinary actions: What is the test? What are the rules governing 'administrative' demotions, transfers, suspensions, warnings and other measures? Are 'administrative' measures grievable? Are employees entitled to union representation during performance reviews, coaching or counselling sessions? What steps can employers legally take to deal with difficult employees, "bad attitudes," gossip and conflict between co-workers?

• Special rules governing probationary employees: When can an employer terminate the employment of a probationary employee? What tests govern the employer's assessment of the probationer's "suitability?" When can employers extend the probationary period? Can an employee be disciplined or dismissed after the probationary period for incidents that occurred during probation? When can the termination of a probationary employee be grieved? What tests do arbitrators use to evaluate employers' decisions to terminate a probationary employee's employment?

• Discharge for incapacity:  When, if ever, can employers terminate the employment of permanently disabled employees? Is the doctrine of "frustration of contract" still valid? What about deemed termination/loss of seniority clauses? The new tests governing discharge for innocent absenteeism: must the employer warn before dismissing for non-culpable absenteeism? Is dismissing a disabled worker for innocent absenteeism discriminatory? Pension, benefit, and severance entitlements upon termination of employment: what are the rules? Can an exit agreement or package block workers from filing human rights complaints, or lawsuits?

$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.