Thursday, September 4, 2008
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, September 8, 3:30 p.m. – 5:00 p.m. EDT

Michael Lynk

Arbitrator/Mediator

Ian Fellows

Union Counsel
Green & Chercover

Sandra Guarascio

Employer Counsel
Roper Greyell

Dr. Perry Sirota

Clinical and Forensic Psychologist

ISSUES:

A recurring issue for both unions and employers is how to deal with workplace violence, bullying and harassment. Lancaster's panel of experts will highlight recent legislative responses to workplace harassment, violence and bullying and will discuss what the latest cases have to say about this hot topic. Our panelists will also address the implications of human rights law on employer measures taken to address harassment, bullying and violence in the workplace. This audio conference will conclude with strategies to prevent and contain workplace conflict before serious problems arise. Topics will include:

• What is the jurisdiction of arbitrators, courts, human rights tribunals, and health and safety adjudicators to consider allegations of harassment, bullying and/or workplace violence? Where the collective agreement lacks a provision dealing with harassment, does an arbitrator have jurisdiction to hear the grievance? When can an arbitrator hear a complaint of defamation?
• Legislative update: What new legislation has been enacted in order to deal with violence, bullying and harassment in the workplace? What obligations do employers have under existing occupational health and safety laws to address violence, threats and harassment in the workplace?
• When will actions, gestures or statements made by an employee constitute a threat to management or a co-worker? How do arbitrators distinguish between harassment and insensitivity or petty conduct?
• When can an employer discipline employees for violence, threats and harassment? When will a violent incident justify terminating the employee? What penalties are likely to be upheld at arbitration?
• Can an employer rely on a workplace violence or harassment policy in establishing just cause for termination? Are "zero tolerance" workplace violence and harassment policies enforceable?
• When will mental illness and/or disability mitigate the blameworthiness of an employee's workplace violence, threats, or harassment?
• Which remedies are courts, boards and tribunals awarding to harassment victims? When will employers be held liable for the actions of its employees? Under what circumstances will an employer be ordered to transfer an accused harasser or to find a new position for a victim of harassment? What other requirements might be imposed on the employer or accused harasser as a condition of continuing employment?

$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.