Wednesday, November 5, 2008
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, November 10, 3:30 p.m. – 5:00 p.m. EST

James Dorsey

Arbitrator/Mediator

Craig Bavis

Union Counsel
Victory Square Law Office

David Chondon

Employer Counsel
Crawford Chondon & Partners

ISSUES:

Returning injured or disabled employees to work requires the co-operation of employers, employees and the union. However, sometimes each party's role in the process of returning an employee to work isn't entirely clear, and competing legislative and collective agreement obligations can be challenging to navigate. Our panel of experts will help you deal with issues involved in reintegrating an employee back into the workforce following an injury or disability. Topics to be discussed include:

• What recent changes have occurred in legislation governing workers' compensation, health and safety and human rights concerning return to work?
• How much information is the employer entitled to receive in order to implement a return to work program? Under what circumstances is the employer entitled to know the nature of the illness or diagnosis and receive information about the employee's treatment? What limits can be asserted by employees and their unions?
• Procedural aspects of the accommodation process: How do tribunals describe the employer's duty to treat employees fairly throughout the accommodation process? Must the employer discuss the doctor's medical opinion with the employee? Is the employer required to set out the consequences of failing to return to work before dismissing an employee? What kinds of damages have been awarded for breach of this duty?
• What degree of cooperation in the return to work process is required of employees? To what extent can an employee scrutinize the return to work proposals of an employer and/or insist on a particular accommodation?
• Does a failure to provide information to the employer, or meet with the employer, breach the employee's duty to participate in accommodation? Where an employee repeatedly refuses the employer's return to work proposals, can the employer dismiss the employee?
• Under what circumstances may an employee refuse to return to work due to health or safety concerns? What is the right balance between early and safe return to work?
• What role does the union play in the return to work process? What representation challenges are created where return to work proposals are contrary to the collective agreement and/or impact on the rights of other bargaining unit employees?

$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.