Friday, November 27, 2009
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, November 30, 3:30 p.m. – 5:00 p.m. EST

Shana Ivall French

Employer Counsel
Sherrard Kuzz LLP

Sean McGee

Union Counsel
Nelligan O'Brien Payne

Simon Blackstone

Union Counsel
Green & Chercover

Michelle Henry

Employer Counsel
Borden Ladner Gervais

ISSUES:

The incidence of theft and dishonesty is a major problem at many workplaces. What steps must be taken to determine whether theft or dishonesty has occurred, and whether to impose discharge or some lesser form of discipline? What steps should be taken, and safeguards observed, in conducting a fair and effective investigation? What protections are employees who are suspected or accused of theft entitled to invoke? What particular considerations arise where the misconduct stems in part from a disability such as substance abuse or where police investigations or criminal proceedings are underway? An expert panel will discuss these issues, and address the following questions:

• What will be considered theft? What will be considered dishonesty? Is the standard of proof required to establish quasi-criminal conduct such as theft higher than where non-criminal conduct is alleged?  What special considerations apply where the employee's misconduct occurs off-duty?
• What considerations should be taken into account in deciding on discharge or the level of discipline? What weight is given to a dishonest denial? A candid admission? An apology? A refusal to apologize? Dishonest testimony at the arbitration hearing? A pattern of misconduct or a premeditated plan? The value of the items stolen?
• What is the impact of the McKinley decision of the Supreme Court, which holds that discipline must be proportional to the particular form of dishonesty involved?
• Do penalties imposed by arbitrators vary according to the nature of the business? Will arbitrators uphold a zero tolerance policy in the retail sector?
• Where the employer undertakes an investigation of quasi-criminal conduct like theft, what kind of procedural fairness must it provide? Can the employer use employee searches and/or video surveillance to investigate suspected theft at the workplace?
• Do employees have the right to remain silent, or can the employer require them to provide an explanation? Does a failure to explain have consequences? Does it make a difference if the employee is found in possession of stolen material?
• What responsibility does an employee have to report theft by a co-employee? To answer an inquiry about theft by a co-employee?
• Where theft is disability-related, is discharge a form of discrimination, when accommodation should be offered instead? Is the 'hybrid approach' to discipline – distinguishing between culpable and non-culpable factors with a view to applying a corrections approach to the former and an accommodation approach to the latter – still a valid response?
• Can an employee being investigated for theft be suspended pending the results of the investigation, or after charges are brought, or not until the conclusion of the trial? Is a conviction (or acquittal) binding on an arbitrator? How will it affect the outcome at arbitration?

$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.