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AUDIO CONFERENCE
Absenteeism and Attendance Management: An Advanced Session

WHEN:

Wednesday, September 10, 2008
12:30 p.m. – 2:00 p.m. EDT

Playback: Monday, September 15, 3:30 p.m. – 5:00 p.m. EDT

   
WHERE: Your own office or boardroom
   
MODERATORS:  
   

Matthew Certosimo

Employer Counsel
Borden Ladner Gervais LLP

   

Anne Gregory

Union Counsel
Canadian Union of Public Employees

   
SPEAKERS:  
   

Carmela Allevato

Union Counsel
Professional Institute of the Public Service of Canada

   

Timothy Hadwen

Director, Legal Services Branch, Ontario Ministry of Government Services

   

ISSUES:

Arbitrators have declared that there are appropriate and inappropriate ways of dealing with absenteeism at the workplace. Lancaster's panel of experts will help distinguish between appropriate and inappropriate attendance management approaches by discussing the current law on employee absenteeism and Attendance Management Programs. Our panelists will also address human rights concerns accompanying Attendance Management Programs, including the duty to accommodate employee disability, the right to terminate employment for innocent absenteeism, and the outer contours of "undue hardship." Topics will include:

  • Legality of attendance management programs: Which tests apply?
  • Can an attendance management policy include both 'culpable' and 'non-culpable' absences? What about absences caused by workplace injuries, disabilities, child and family care obligations, and emergency leave days?
  • Should attendance standards be workplace, department or classification-specific? What criteria should be used to establish attendance standards? Over what intervals should attendance be monitored?
  • Medical certificate requirements: When can an attendance policy require a medical certificate?
  • Does the duty to accommodate require employers to tolerate absenteeism? When do accommodations cross the line and become undue hardship for the employer?
  • Terminating employment for innocent absenteeism: Is dismissing a disabled worker for innocent absenteeism discriminatory? How long must the employee be away from work before the employer has just cause to dismiss? Must the employer warn before dismissing for non-culpable absenteeism? Can employers dismiss for frustration of contract where the provision of LTD benefits is a term of employment?
 
Q & A: Gather your colleagues around a speakerphone in your own office or boardroom. Have the opportunity to ask questions in the Question & Answer portions of the sessions. An additional 15 minutes will be added at the end of the session for those who wish to continue with Q & A.
   
MATERIALS: Valuable, up-to-date materials and case summaries will be available for downloading from our website.
   
REGISTRATION FEE:

$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.

 
CDs: Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order.
 
REGISTRATION INFORMATION: When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at 416-977-6618 or register now.
Click here for registration information, or call
Lancaster House at 416-977-6618
 
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