New legal breakthroughs in the duty to accommodate and their impact on union and employer representatives in Canada
WEDNESDAY, FEBRUARY 24
Registration: 8:30 - 9:00 a.m.
MORNING SESSION - 9:00 a.m. to 12:00 p.m.
Sean McGee and Steven Williams
Accommodation roles: They are a-changin'
How are the traditional accommodation responsibilities of employers, employees and unions evolving? What new trends are becoming apparent? New cases clarify roles and responsibilities
Update: Misconduct and disability
Recent cases on disabled employees who engage in workplace misconduct
Update: Medical privacy
Recent cases on the medical privacy rights of disabled employees and the employer's right to medical information
Update: Accommodating family status
Recent cases on the duty to accommodate an employee's "family status."
Update: Accommodating substance addiction
Recent cases on accommodating employees with drug or alcohol dependencies.
AFTERNOON SESSION - 1:15 to 4:30 p.m.
Stephen Bird and Steve Waller
Attendance-management programs: Navigating the accommodation minefield
When do attendance-management programs run afoul of the duty to accommodate? What are arbitrators saying? When can they be struck down?
Developing an accommodation process: New directives from arbitrators
Why is it necessary to develop a process for accommodating employees? What are the benefits? What are arbitrators and human rights tribunals saying about the procedural side of accommodation obligations?
Proving substance addiction: What arbitrators look for
Whether a substance-dependency exists is increasingly the subject of debate in accommodation cases. Why is it necessary to determine whether an addiction exists? What test is used by arbitrators? When is using drugs/alcohol not considered an addiction?
THURSDAY, FEBRUARY 25
MORNING SESSION - 8:30 a.m. to 12:00 p.m.
Paul Champ and Charles Hurdon
Accommodating mental disabilities: Emerging trends
New cases are expanding the interpretation of mental disability. How are mental disabilities being defined? What accommodation challenges are associated with mental disability?
Using the grievance process to resolve accommodation disputes
A privileged dialogue between the union and the employer, the grievance process is an often-overlooked forum for resolving accommodation disputes concerning return to work, access to medical information, alternative work and viable accommodation options.
Expert witnesses: Maximizing their role in accommodation cases
What types of experts are used in accommodation cases and what are their roles? When are they most useful? Specific examples and recent cases where experts played a pivotal role.
Getting the most from healthcare professionals
How do you get what you need from doctors, specialists, occupational therapists, addictions counsellors and other healthcare professionals? What should be their terms of engagement?
AFTERNOON SESSION - 1:15 to 3:00 p.m.
Sydney Baxter (Chair), Peter Engelmann and Mary Gleason
Accommodation Q&A
A labour arbitrator, union counsel and management counsel answer your questions on the duty to accommodate.
PRESENTERS
Sydney Baxter
Labour Arbitrator and Mediator
Ottawa
Stephen Bird
Employer Counsel
Bird Richard
Ottawa
Paul Champ
Union Counsel
Champ & Associates
Ottawa
Peter Engelmann
Union Counsel
Sack Goldblatt Mitchell
Ottawa
Mary Gleason
Employer Counsel
Ogilvy Renault
Ottawa
Charles Hurdon
Employer Counsel
Ogilvy Renault
Ottawa
Sean McGee
Union Counsel
Nelligan O'Brien Payne
Ottawa
Steve Waller
Union Counsel
Nelligan O'Brien Payne
Steven Williams
Employer Counsel
Emond Harnden
Ottawa
Hotel accommodations
Special guestroom rates starting at $149 (standard, single/double plus taxes) have been arranged for registrants at the Fairmont Chateau Laurier, 1 Rideau Street in downtown Ottawa.
Phone hotel reservation directly at (613) 241-1414 and ask for the group rate for "Centre For Labour-Management Development." Reserve early as availability is limited.
The Fairmont Chateau Laurier is a unionized hotel.
Tuition
Individual: $795 (plus $39.75 GST = $834.75)
Group (3+ each): $745 (plus $37.25 GST = $782.25)
Super Group (7+ each): $695 (plus $34.75 GST = $729.75)
To qualify for group rates, registrants must be from the same organization, or union local, and register together.
CANCELLATIONS
Cancellations must be in writing and received by February 17, 2010 in order to qualify for a full refund less a $50 administration fee. Non-compliance will result in liability for the entire tuition.
SUBSTITUTIONS
Substitutions may be made at any time.
