Thursday, October 8, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Tuesday, October 13, 3:30 p.m. – 5:00 p.m. EDT

Rob Boswell

Employer Counsel
Craig Boswell McDermot

Shona Moore, Q.C.

Union Counsel
Moore & Company

Katherine Ford

Employer Counsel
Sherrard Kuzz

Charles Gordon

Union Counsel
Fiorillo Glavin Gordon

ISSUES:

Remedies for human rights violations must be crafted to ensure that discrimination will not recur. In this regard, the remedial powers of human rights tribunals and arbitrators have expanded significantly to enable adjudicators to fashion remedies that are durable and effective. This session examines innovative remedies that are being awarded in human rights and arbitration cases, with analysis focused on the following issues:

• Do arbitrators have jurisdiction to award compensation for emotional distress? Punitive and aggravated damages? Or other tort damages? What amounts are being ordered by arbitrators and human rights tribunals in the latest cases?
• In what circumstances will adjudicators order general damages for the violation of a protectedright itself, where there is no actual monetary or other tangible loss? In what circumstances will adjudicators award damages for injury to dignity and self-esteem? Mental anguish damages? Are there limits on the amount of damages that can be awarded by human rights tribunals and arbitrators under these headings?
• When will an employer be held vicariously liable for the discriminatory acts of an employee? What lessons are to be learned from recent cases?
• How do tribunals and arbitrators calculate damages for loss of wages where the claimant is unable to work during the material period? How does the employee’s duty to mitigate or cooperate in accommodation affect the calculation of damages?
• How do arbitrators and human rights tribunals determine damages when discriminatory treatment leads to a loss of "employment opportunity" (i.e. in hiring or promotion) as distinguished from a loss of employment?
• What rules govern the award of public interest remedies such as sensitivity training, monitoring and policy revision? Can adjudicators order such remedies where they carry a heavy price tag for the employer? How are these remedies enforced? Can arbitrators award remedies that amend the collective agreement?
• When can a human rights tribunal or arbitrator award compensation for an employee’s legal costs? For an employer's legal costs? How does the conduct of the parties affect the determination as to costs?
• When will a breach of a human rights obligation persuade an arbitrator or human rights tribunal to reinstate a dismissed employee? When a hiring or promotion process is found to be discriminatory, in what circumstances will an adjudicator order that the complainant or grievor be placed in a particular job?

$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.