·          The union's duty to make inquiries before rejecting accommodation

·          The need for the union's agreement in a last-chance agreement

·          Does the union have a right to be consulted on proposed accommodations?

Update: The Employee's Duty to Cooperate

A review of recent cases including:

·          Lack of cooperation may thwart duty to accommodate

·          Impact of disability on employee's effort to cooperate

·          Duty to inform employee of consequences of non-cooperation

·          Keeping employers updated on contact information

·          Employee may have to incur some discomfort in accommodation

Update: Accommodating Mental Disability

A review of recent cases including:

·          Anxiety not always a disability

·          Employer must probe for more information where disability vague

·          Employee with bi-polar awarded damages for lack of accommodation

·          Decision not to renew employment contract related to ADHD?

Update: Discipline and Accommodation

·          Self-help accommodation leads to discipline

·          Finding the nexus between the discipline and disability

·          Lateness may be attributable to disability

AFTERNOON SESSION - 1:15 to 4:30 p.m.

Theo Arsenault and Andrea Zwack

Getting What You Need From Doctors

·          What is a legitimate request for medical information? 

·          How do you know if the medical information is sufficient? 

·          What to do when the information is not satisfactory? 

·          What is the impact of your collective agreement language? 

Update: Medical Privacy

A review of recent cases including:

·          Exercising caution when using standard medical forms

·          What is a "reasonable basis" for requesting medical information?

·          Employee not required to disclose medical condition to coworkers

Update: Accommodating Substance Addiction

A review of recent cases including:

·          "Binge drinking" part of disability?

·          Workplace safety a key factor

·          The enforceable last-chance agreement

·          Conditional reinstatement for alcoholic employee

·          Substance abuse not always a disability

Accommodating the Substance Abuser: A Step-by-step Approach

A case study demonstrating how to overcome substantial challenges faced by union and employer representatives when seeking to accommodate a drug- or alcohol-dependent employee.

THURSDAY, MAY 28

MORNING SESSION - 8:30 a.m. to 12:00 p.m.

Gary Bainbridge and Kevin Wilson

Accommodating the Commute to Work

·          Does the duty to accommodate cover the commute to work?

·          Is a longer commute to work a factor in the accommodation analysis? 

·          Would teleworking cause undue hardship?

Off-site Work: Accommodation Challenges and Opportunities

·          Factors to consider when accommodating an employee in a home office

·          Telework arrangements

·          Health and safety implications of off-site work accommodation