THE 2013 ACCOMMODATION LAW CONFERENCE (OTTAWA)

New legal breakthroughs in the duty to accommodate and their impact on union and employer representatives in Canada

Ottawa
Fairmont Château Laurier
May 1 & 2, 2013

Attend this state-of-the-law conference and stay on top of the latest legal breakthroughs in the duty to accommodate and their impact on unionized workplaces in Canada.

ATTENTION LAWYERS: This conference consists of 10.75 hours of Continuing Professional Development (CPD) credits and can be applied toward 9 of the 12 hours of annual CPD required by the Law Society of Upper Canada (not the New Member Requirement).

WEDNESDAY, MAY 1
Registration: 8:30 - 9:00 a.m.

MORNING SESSION - 9:00 a.m. to 12:00 p.m.
Paul Champ and Laurel Johnson

The Year's Top Accommodation Cases
A review of the important new accommodation cases in Canada and their impact on Ontario unions and employers.

AFTERNOON SESSION - 1:15 to 4:30 p.m.
Peter Engelmann and Charles Hurdon

The Employee's Duty to Cooperate: When employees sabotage their own accommodation
While every employee has a duty to cooperate in the accommodation process, this duty may be complex.  Employees who are not communicative, refuse reasonable requests for medical information, resort to self-accommodation or are generally uncooperative may jeopardize their right to accommodation.  A review of recent cases that shed light on when an employee's lack of cooperation can sink their entitlement to accommodation. 

When the Duty to Accommodate Affects Work Scheduling
What happens when a proposed accommodation interferes with an employee's ability to work regularly scheduled hours?  The duty to accommodate disability, religion and family status may at times require the employer to take a flexible approach and alter its work schedules in appropriate cases.  How have arbitrators weighed in on this issue, and how can unions and employers minimize potential conflicts between work scheduling and the duty to accommodate?

Accommodation Saturation: When one more accommodation is just too much
Accommodating multiple employees at the same time can be a real challenge for employers.  Yet there is no explicit statutory recognition of the principle of accommodation saturation: when there are so many accommodation cases that it would cause undue hardship to accommodate even one more employee.  This topic will examine whether such a legal threshold exists and the responses from arbitrators and human rights tribunals.

Returning to Work after a Lengthy Absence: Practical guidelines for unions and employers
Returning to work after a lengthy medical absence can be difficult for the employee, the employer and fellow employees.  What needs to be communicated between the parties in terms of expected duties and accommodation options?  How can employers evaluate an employee's capabilities and fitness for duty?  What medical information must employees disclose upon returning to work?  How can unions facilitate the transition back to work in a timely fashion without undue delay?  

THURSDAY, MAY 2

MORNING SESSION - 8:30 a.m. to 12:00 p.m.
Andrew Astritis and Kecia Podetz

Workplace Policies: When they can violate the duty to accommodate
Employers may spend a significant amount of time and resources developing workplace policies only to discover that they run afoul of human rights law. Policies that address drugs and alcohol, attendance management and zero tolerance can undermine an employer's accommodation obligations if applied with rigidity.  A review of cases where arbitrators have required a flexible approach to the application of workplace policies in deference to the duty to accommodate.

Discipline, Discharge and the Disabled Employee
There may be instances where an accommodated employee engages in workplace misconduct that warrants discipline.  Misconduct including intoxication, lateness and theft may be treated as disciplinary or non-disciplinary depending on the nexus between the misconduct and the disability.  Recent cases clarify when discipline is appropriate and when it is not.

Accommodating Family Status: New cases push the boundaries
As the law evolves in the area of family status accommodation, arbitrators and human rights tribunals wrestle with the ongoing tension between work and the family obligations.  A review of recent decisions reveals new directions in the law and offers unions and employers insight into how to handle family status cases going forward. 

Disabilities that Require Special Accommodation
Although each disability is unique, some disabilities require accommodation measures that are special, out of the ordinary or beyond the norm.  This topic examines cases on disabilities requiring complex or unusual accommodation measures, and specific techniques used by employers and unions in these circumstances including trial periods, additional training and consultation with experts.

AFTERNOON SESSION - 1:15 to 3:00 p.m.
Syd Baxter (Chair), James Cameron and Karen Jensen

Accommodation Q&A
A labour arbitrator, union counsel and management counsel answer your questions on the duty to accommodate.

PRESENTERS

Andrew Astritis
Union Counsel
Raven, Cameron, Ballantyne & Yazbeck
Ottawa

Sydney Baxter
Labour Arbitrator and Mediator
Ottawa

James Cameron
Union Counsel
Raven, Cameron, Ballantyne & Yazbeck
Ottawa

Paul Champ
Union Counsel
Champ & Associates
Ottawa

Peter Engelmann
Union Counsel
Sack Goldblatt Mitchell
Ottawa

Charles Hurdon
Employer Counsel
Norton Rose
Ottawa

Karen Jensen
Employer Counsel
Norton Rose
Ottawa

Laurel Johnson
Counsel, Public & Labour Law Office
of the Legal Advisor for National Defence
and the Canadian Forces
Ottawa

Kecia Podetz
Employer Counsel
Emond Harnden
Ottawa

Steven Williams
Employer Counsel
Emond Harnden
Ottawa

Hotel accommodations
Special guestroom rates starting at $199 (standard, single/double plus taxes) have been arranged for registrants at the Fairmont Château Laurier, 1 Rideau Street in downtown Ottawa.

Phone hotel reservation directly at (613) 241-1414 and ask for the group rate for "The Accommodation Law Conference."

Reserve early as availability is limited. 

The Fairmont Château Laurier is a unionized hotel.

Tuition

Individual: $795 (plus $103.35 HST = $898.35)
Group (3+ each): $745 (plus $96.85 HST = $841.85)
Super Group (7+ each): $695 (plus $90.35 HST = $785.35)

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 April 24, 2013 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.