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FALL 2010 SERIES
~ A New Look at Lancaster’s Top 7 Audio Topics ~

ACCREDITATIONS

Each Audio Conference has been approved by:

• The Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.
• The Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
• The Law Society of Upper Canada for 1.5 Continuing Professional Development hours.
• The Law Society of British Columbia for 1.5 Continuing Professional Development hours.

Handling Employee Health Information and Privacy Concerns: Do’s and Don’ts

Friday, September 10, 2010
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, September 13, 2010, 3:30 p.m. – 5:00 p.m. EDT

Access to employees' medical and health-related information is often necessary for employers to discharge their obligations to accommodate disabled workers and to provide a safe workplace. How much information are employers entitled to and under what circumstances can employees object to releasing private health information? How do employees' privacy rights impact on an employer's right to access such information? In this audio conference, a team of expert practitioners will provide you with a roadmap of do's and don'ts when accessing health and medical information. Topics discussed include:

• Entitlement to Medical Information: When is management entitled to access an employee's medical records? Is a worker obligated to disclose his or her treatment or prognosis information? When can an employer require that an employee undergo a medical or psychological examination?  When can employers seek information directly from employees' doctors or from the workers' compensation board? Can an employer disclose an employee's health information to an independent medical examiner (IME) or others without the employee's explicit consent?
• Duty to Disclose: What medical information is considered "reasonably necessary" to determine appropriate accommodation options and effectively administer employee benefits? Is this different if the employee is seeking sick leave, short-term disability, or long-term disability? Under what circumstances can an employee be required to provide proof of illness? Fitness to return to work? Evidence of functional disabilities and restrictions? Details as to diagnosis, prognosis and treatment? What are the potential consequences of an employee's refusal to disclose personal health information?
• Adequacy of Information: What actions may an employer take when it is of the view that a medical certificate is inadequate? When can a second opinion or IME be requested? What are factors to consider and potential pitfalls to avoid when selecting an IME? What are the employer's duties, both in the context of assessing accommodation and return to work, in ensuring the medical information they have is adequate and up to date?

For additional issues to be discussed, click here.

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Returning Employees to Work: Implementing the duty to accommodate

Thursday, September 23, 2010
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, September 27, 2010, 3:30 p.m. – 5:00 p.m. EDT

Returning injured or disabled employees to work requires the cooperation of employers, employees and the union. The duty to accommodate places a legal obligation on all parties work together to identify the options available for return to work and to remove barriers to their reintegration. Our panel of experts will outline the obligations of workplace parties in the process of returning an employee to work, including obligations in relation to medical information. Topics to be discussed include:

• Employer Obligations: What obligations does an employer have to return disabled employees to work? How far does that obligation go, i.e. what will constitute undue hardship? Are there certain timelines employers must meet? Is the employer obliged to continue to try to return an employee to work even if the employee is or appears to be uncooperative? Is there a duty to treat employees fairly throughout the accommodation process and what are the consequences of a failure to fulfill this duty?
• Employee Obligations: How flexible must employees be in accepting employer offers of accommodation? Can employees insist on returning to their original job? What if the job has been filled? What are the important elements of a reasonable alternative position? The same rate of pay? Status? Core job functions? Location? 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? What obligation does an employee have regarding treatment and/or rehabilitation? When have adjudicators found an employee's refusal of a proposal justified?
• Union Role: 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?

For additional issues to be discussed, click here.

Click here to register.

Investigating Misconduct: An update on error-free approaches

Thursday, October 7, 2010
12:30 p.m. – 2:00 p.m. EDT
Playback: Tuesday, October 12, 2010, 3:30 p.m. – 5:00 p.m. EDT

Employers are often called upon to conduct, and employees and unions to respond on short notice to, workplace investigations dealing with issues such as harassment, theft, or other misconduct. Be prepared in advance. A panel of experts will review the legal boundaries within which misconduct investigations must be conducted and the rights and obligations of all workplace parties involved in such investigations. Questions addressed include:

• Elements of an Effective Investigation: What are the key elements of an effective investigation? What questions can and should be asked when conducting interviews with employees and witnesses? Can an employee refuse to answer these questions? Is an employer required to respond to questions about the misconduct of co-workers? What types of evidence (cell phone searches, electronic searches, internet search history, personal searches, etc.) can employers seek from witnesses and employees?
• Disciplinary Meetings: What are an employee's rights when summoned to an investigative or disciplinary meeting? Are union representatives entitled to be present? What are the union's obligations in representing an employee? Does the employer have an obligation to reveal findings of the investigation to the employee or the union?
• Witness Protections: Should procedural protections (confidentiality, non-reprisal, etc.) be put in place for the employee subject to investigation, as well as for complainants and witnesses? Are complaints and witness statements privileged so that they cannot be used as evidence against the person making them? Who is entitled to access these statements? How should an employer manage the investigation when other employees make similar allegations against the accused employee?

For additional issues to be discussed, click here.

Click here to register.

Accommodating Anxiety and Stress: A new look at pervasive issues

Friday, October 22, 2010
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, October 25, 2010, 3:30 p.m. – 5:00 p.m. EDT

Job-related stress and anxiety are having a profound impact on Canadian workplaces – contributing to sickness, disability, and loss of productivity. But deciphering the employer, employee, and union's rights and obligations in relation to a worker's stress is not a simple matter. Is stress a symptom of a disability or a disability itself and does it matter? How can an employer distinguish between an employee who is simply unable to handle the normal "stress" of the job versus an employee suffering from a stress disorder in need of accommodation? In this audio conference, Lancaster's panel of experts will address these and the following issues:

• Prevention and Early Recognition: Does an at-risk employee have a duty to make use of assistance offered by an employer, such as counselling services? How much information does an employer need before a duty is triggered to inquire into whether the employee is suffering from a stress- or anxiety-related disability? How does the Federal government's new "workforce wellness" program attempt to address workplace stress and are there elements of this program that can be useful in private sector workplaces?
• Sick Leave: What kind of information does an employer need to decide whether a stress-related leave claim is legitimate? Are employees required to provide medical certificates or doctors' notes? Is the employer entitled to detailed information regarding a specific diagnosis, symptoms and treatment plan? Do sick leave credits, seniority, and benefits accrue while an employee is away on stress leave?
• Medical Evaluations: Can an employer challenge a stress leave recommendation provided by an employee's family doctor? Is an employer entitled to have an employee examined by a physician of its choosing? If an independent medical opinion is received, will the failure of an employer to follow specific recommendations – for example, to transfer an employee - constitute a failure to fulfill the duty to accommodate?

For additional issues to be discussed, click here.

Click here to register.

Disability-Related Misconduct and Problems of Underperformance: Dealing with mental illness and addiction

Thursday, November 4, 2010
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, November 8, 2010, 3:30 p.m. – 5:00 p.m. EST

What happens when an employee with a mental illness or an addiction has a performance or attendance issue or engages in workplace misconduct that may be related to the disability? How should workplace parties decide whether discipline or accommodation is called for? In light of the growing acceptance of the need to accommodate individuals with mental illness or addictions, what steps should workplace parties take to deal with disability-related attendance, performance, and misconduct issues. Our panel of experts will address these issues as well as the following questions:

• Duty to Inquire: What duty does the employer have to inquire about an employee's mental health when an employee is experiencing performance or attendance issues or has engaged in misconduct? What steps should an employer take if management suspects that an employee's disability has contributed to misconduct? What happens when the employee denies she or he has a mental illness or addiction?
• Right to Information: What type of information is the employer entitled to in order to develop a plan to accommodate employees with mental illness or addictions? Is the employer entitled to a specific diagnosis? Is information from a family physician sufficient or can the employer require the employee obtain information from a specialist?
• Accommodation: What types of performance issues must an employer accept? Must an employer accept different performance or attendance standards for employees with mental illness and/or addictions? How will an employee's failure to disclose his or her mental illness or addiction affect the employer's duty to accommodate? When, if ever, will last-chance agreements be appropriate? What about written "return to work" plans?

For additional issues to be discussed, click here.

Click here to register.

Bill 168: An update on best practices for complying with Ontario’s legislation on violence and harassment

Thursday, November 18, 2010
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, November 22, 2010, 3:30 p.m. – 5:00 p.m. EST

The provincial government's Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, is in force as of June 2010, with immediate impact on Ontario's workplaces. In this audio, Lancaster's panel of experts will provide an overview and assessment of how this legislation has been implemented in workplaces and what lessons can be taken from the early experiences of employers and employees in dealing with harassment and violence under this new regime. Topics to be discussed include:

• New Obligations: What new duties do employees and employers have, with respect to violence and harassment, under Ontario's health and safety legislation? Does Bill 168 affect staffing levels set by the employer?
• Implementation: What challenges have employers experienced in implementing Bill 168 and what lessons should be taken from these experiences? What are some examples of innovative and proactive ways that employers have prepared their workplaces to comply with the new legislation?
• Enforcement: What enforcement procedures are contained in the Act respecting violence and harassment? Do the amendments create any new remedies? What approach is the Ministry of Labour taking to enforcement? Is the focus more likely to be collaborative – working with high-risk businesses/organizations, asking to see policies and providing guidance – or punitive?

For additional issues to be discussed, click here.

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Costing Collective Agreements: Calculating compensation, applying strategic concerns

Wednesday, December 1, 2010
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, December 6, 2010, 3:30 p.m. – 5:00 p.m. EST

In this audio conference, seasoned negotiators will explain the principles of costing and will take you through the key elements of a workable model of costing and a variety of practical scenarios drawn from real-life experience at the bargaining table. Topics to be discussed include:

• Costing Wages: How are average wages calculated in a multi-tier wage structure? How do overtime and holiday work schedules affect average cost per employee per hour? What about other indirect costs associated with increases in payroll such as employer health tax and WSIB assessments? Can employers unilaterally adjust overtime and holiday work schedules based on business needs? What are the current trends and patterns in wage increases? In a period of low inflation is end-loading preferable to front-loading of wage hikes?
• Costing Benefits: How should the cost of benefits be determined? How are intangible benefits, like ongoing training, health and wellness programs, child-care facilities, gym, etc., calculated? In what areas are benefit costs rising? How can the cost of benefits be taken into account when negotiating other terms of the collective agreement, such as wage increases, so that both the employer and union are satisfied?
• Total Compensation: How is total compensation calculated? How are roll-up costs and other hidden costs factored into the calculation? What is the relevance of this figure? Should negotiations start by agreeing to a total compensation cost that the employer is willing to pay based on revenue and production forecasts?

For additional issues to be discussed, click here.

Click here to register.

$195, plus HST (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.

When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call.