HRMAM Westman Chapter invites you to the 2015 Labor Law Review
Event Information:
Event: 2015 Labor Law Review
Sessions:
“Handling the 10%: The pitfalls of Discipline and Discharge”
"The Balancing Act: Workplace Safety Requirements, Human Rights and Discipline
Presenters:
David Swayze, Meighen Haddad LLP, Brandon, MB
Jamie Alyce Jurczak, Taylor McCaffrey LLP, Winnipeg, MB
EVENT FORMAT AND SESSION DESCRIPTIONS:
9 AM -11:30 AM
“Handling the 10%: The pitfalls of Discipline and Discharge”, David Swayze
It is an old saying that 10% of employees cause 90% of the problems in the workplace. In today’s world where job security protects employees in a unionized workplace, and where a human rights issues lurks around every corner, the employer bears a heavy onus when it comes to discipline and discharge. We will examine in detail the interplay between human rights issues and discipline, as well as the obligations of employers relating to investigations and progressive discipline. Finally, we will examine the threshold test for “just cause” and the obligations of employers when dismissing without cause.
11:30 AM – 12:15 PM Networking Lunch
12:15 PM - 2:30 PM
"The Balancing Act: Workplace Safety Requirements, Human Rights and Discipline", Jamie Alyce Jurczak
While safety is a significant factor in every workplace, particularly in the face of the current legislative regime, the requirement to meet other legal obligations does not absolve an employer from meeting human rights obligations or other employment law obligations. Employers are often left grappling with situations in which an employee in need of accommodation proposes a solution that leaves the employer feeling as though they will be left exposed under the workplace safety and health legislation, or concerned that following “progressive discipline” principles would constitute a violation of the workplace safety and health legislation or human rights legislation. What is an employer to do? This session will address the balancing act that employers face in meeting their various legal duties when it comes to discipline, human rights and workplace safety.
2:30 – 3:30 PM
Question Period (if you would prefer, please forward questions in advance to be asked on your behalf)
PRESENTER INFORMATION
David Swayze, Meighen Haddad LLP, Brandon, MB
David Swayze is a life-long resident of Brandon, a graduate of Brandon University and Dalhousie Law School. David has been with Meighen Haddad since 1997 and joined the partnership in 2003. He focuses his practice on advocacy and litigation, with a specific emphasis management side labour and employment law, human rights, privacy, commercial litigation and administrative law.
David acts for a number of public and private sector clients including Prairie Mountain Health, the Brandon School Division, Assiniboine Community College, Zenith Paving and Cancade Company, to name a few. He advises both private and public sector clients on labour and employment issues, including providing representation in relation to collective bargaining, grievance arbitration, and human rights matters.
David has been a bencher with the Law Society of Manitoba since 2008, is Past President of the Law Society, and also the Manitoba representative to the Council of the Federation of Law Societies of Canada.
Monday Apr 13, 2015
9:00 AM - 3:30 PM CDT
April 13, 2015 9AM - 3:30pm
Victoria Inn 3550 Victoria Ave, Brandon, Manitoba, R7B 2R4
$120 (plus tax) Members $135 (plus tax) Non-Members Lunch included Register at www.hrmam.org . (Registration is required by April 9, 2015)
Sonia Cole
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