Wednesday, October 22, 2008
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, October 27, 3:30 p.m. – 5:00 p.m. EDT

Anne Gregory

Union Counsel
Canadian Union of Public Employees

Shana Ivall

Employer Counsel
Sherrard Kuzz LLP

Patrick Nugent

Union Counsel
Chivers Carpenter

Rebecca Saturley

Employer Counsel
Stewart McKelvey

ISSUES:

The law governing discharge is constantly evolving, as arbitrators develop new approaches to the issues around cause, quantum of penalty and mitigation, while at the same time workplace standards, and forms of misconduct, are impacted by changes in society. As well, there are sometimes changes in the legal sources decision-makers rely upon to decide when discharge will be appropriate, including the terms of the collective agreement, legislation and the common law. Lancaster's panel of experts will consider developments in the law of discharge and the issues which emerge from recent cases, including:

• What prior steps must an employer take before dismissing an employee for misconduct? Are employers required to impose equal disciplinary measures on employees who have committed similar acts of misconduct? Will a discharge be voided where union representation is not provided?
• The 'hybrid approach': Are employers entitled to dismiss an employee for misconduct where there are both culpable and non-culpable elements of behaviour due to disability?
• When are Last Chance Agreements enforceable? To what extent can the parties, by agreement, limit the jurisdiction of an arbitrator to assess cause and/or substitute penalties? When will arbitrators vary the terms of a last chance agreement?
• What is the status of deemed termination clauses and automatic penalty provisions in collective agreements in light of human rights legislation, and following the decision of the Supreme Court of Canada in McGill University Health Centre v. Syndicat des employés de l'Hôpital général de Montréal?
• When will an arbitrator substitute compensation in lieu of reinstatement despite a finding that there was no cause for discharge?
• Probationary employees: Is a disabled probationary employee entitled to accommodation where the contract of employment says he may be fired without cause or notice? When can a probationary employee challenge a dismissal? Does the employer have an implied duty to act reasonably and in good faith when dismissing a probationary employee?

$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.