• Understanding the collective agreement and relevant employment and labour statutes
• Not managing “just to get through the day”
• Raising productivity and learning to avoid costly mistakes as well as time consuming and frustrating grievances
• Empowering managers to perform at optimal levels with results that create immediate and measurable bottom line results

Learn:

• How to nip problems in the bud, cut costs, and reduce the number of grievances and arbitrations
• How to manage with confidence and consistency
• When and how to use non-disciplinary interventions
• How to create and enforce employer rules
• When and how to impose discipline
• How to investigate like a trained professional
• How to manage absenteeism more effectively
• How to handle grievances, settlements, and arbitrations

Agenda

Introduction and General Principles

Levelling the playing field / providing management with tools to do the job

• Role of employee, union, and manager/supervisor
• Union’s Duty of Fair Representation

Limits on Management Power: The Broader Legal Context

• The Collective Agreement
• The Ontario Employment Standards Act, 2000
• Hours of work, public holidays, emergency leave, overtime averaging
• The Ontario Human Rights Code
• The Ontario Labour Relations Act, 1995
• Other employment-related statutes: WSIA, OHSA
• Civil liability

Before Discipline: Probation, Counselling and Employer Rules

• Avoiding problems before they start: using the probation period effectively
• Status of probationary employees under collective agreements
• Does just cause protection apply: if not, what does
• Termination for unsuitability
• Non-disciplinary interventions: advantages and disadvantages
• Employer rules
• Creating employer rules and enforcing them, penalty for breach

Discipline: Part I – When Can You Impose Discipline and What It Should Be?

• The meaning of the “just cause” standard
• Grounds for discipline
• Looking at: insubordination, theft, sabotage, criminal conduct, violence/threats/bullying/verbal abuse/ harassment, absenteeism, health and safety infractions
• The appropriate level of discipline: factors to consider
• Doctrine of the “culminating incident”
• Procedural requirements

Discipline: Part II – Investigating Misconduct and Implementing your Decision

• Types of evidence: physical, photographic, sketches and drawings, narrative
• Interviewing employees and witnesses
• Taking notes that can be used in arbitration
• Drug and alcohol testing
• Video surveillance
• Personal searches
• What happens if the employee is charged with a criminal offence
• Communicating discipline
• Disciplinary letter

Managing Absenteeism in a Unionized Workplace

• Distinction between “culpable” and “innocent” absenteeism
• Dealing with disabilities
• Terminating for innocent absenteeism
• Confronting an employee about absenteeism

Grievances, Settlements and Arbitration

• Step 1 to resolution
• Ongoing liability vs. fixed liability cases
• Settlement as an alternative to arbitration
• Mediation as a settlement vehicle
• “Last chance” agreements
• Arbitration: making the decision to arbitrate, preparing your case, conducting the hearing

Book an In-House or Remote Program

For further information on our training, please call your lawyer at the Firm. If you are not a current client, please contact: