Benefits Of This Program:
  • 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


  • 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


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:

Program Administrator
Tel: 416-862-1616 or 1-866-821-7306
[email protected]

Phone: +1 416-875-2235
Fax: 416-363-7358
Phone: +1 416-875-2235
Fax: 416-363-7358
Ryan J. Conlin
Ryan J. Conlin


Haadi Malik
Haadi Malik


Jeffrey D. A. Murray
Jeffrey D. A. Murray


Jeremy D. Schwartz
Jeremy D. Schwartz


Allison L. Taylor
Allison L. Taylor


Landon P. Young
Landon P. Young

Managing Partner