Trends in Employment Law

This session will discuss a brief legislative update, developments in attendance management, recent major damages awards, and termination provisions. 

About the Speaker

Courtney Barbour, Barteaux Durnford

Workplace Investigations

Workplace investigations are a vital part of workplace management. Employers are obligated to act on complaints of workplace harassment, and good management requires rigorous attention to employee wrongdoing to promote a healthy workplace culture. At the same time, employers are exposed to liability if they discipline for unsubstantiated complaints or make mistakes during investigation. Employers must balance the complainant's privacy rights with the respondent's right to answer a complaint. Respondents may seek legal counsel, witnesses could be reluctant or biased, and leaks quickly disrupt a workplace. Supervisors must feel comfortable addressing these situations, and secure that they are making the right decisions about how to proceed. Supervisors must find ways to restore the workplace after an investigation, both when an employee is removed and when a complainant and respondent must continue a workplace relationship.

This session will explore the essentials of conducting a proper workplace investigation.

About the Speaker

Ian Pickard is a Partner with McInnes Cooper. Ian is a member of the Nova Scotia and Prince Edward Island Bars. His practice is chiefly comprised of providing ongoing labour and employment advice to major employers in Nova Scotia including a number of School Boards. Ian acts as Chief Negotiator of collective agreements, provides support in the collective bargaining process, assists in the management of labour disputes and represents employers in all types of arbitrations and wrongful dismissal litigation. Ian also regularly represents employers in Human Rights and Labour Standards Litigation.

Ian has lectured extensively on the topic of attendance management, employee termination, and the collective bargaining process. The skill with which Ian conducts his practice has earned him a place on the Best Lawyers in Canada list for his practice in labour and employment law.

Human Rights & Accommodation

This session will identify the general legal principles of the duty to accommodate, in particular the obligations of employers when faced with a request for accommodation. Included will be a discussion on the best practices for employers to follow when dealing with accommodation issues. 

The session will also address some of the common mistakes made by employers when dealing with accommodation issues. 

About the Speakers

Noella Martin, Q.C., Partner, Wickwire Holm.  Noella has been practicing law for over 26 years, and has an extensive background in labour, employment, and administrative law matters. She has successfully represented clients before the Nova Scotia Supreme Court, the Utility and Review Board, the Nova Scotia Court of Appeal, and the Supreme Court of Canada. She has also advised on all aspects of labour and employment law, especially in the public sector or quasi-public sector. Working in the public and quasi-public sector often brings considerations of procedural fairness, and Noella is well versed in having clients meet the required standard of fairness. As labour and employment matters often attract media interest, Noella works with her clients to develop appropriate media messaging. Noella has extensive experience in collective bargaining, having negotiated numerous collective agreements over the years in a variety of sectors.

Will Russell, Wickwire Holm.  Will's primary area of practice is labour and employment. Will works closely with employer clients on a range of human resources issues, including drafting and implementing workplace policies on topics such as privacy, bullying, and medical marijuana, representing employers and conducting workplace investigations. Will has appeared before the Nova Scotia Labour Board, the Nova Scotia Supreme Court, and the Nova Scotia Court of Appeal. Will's experience before the Nova Scotia Labour Board includes applications for certification and decertification as well as wrongful dismissals. Will received his Bachelor of Arts from Mount Allison University in 2010, and graduated with a Juris Doctor from the University of New Brunswick in 2014. He was called to the bar in 2015. 

Workplace Safety

About the Speaker

Brad Proctor, Partner, McInnes Cooper.  Brad is the leader of the Labour and Employment Practice Group as well as the Regional Lead Partner - Labour and Employment with McInnes Cooper. Brad practices management labour and employment law with an emphasis on core areas such as occupational health and safety, workers' compensation, human rights and workplace accommodations, labour relations and collective bargaining, and workplace privacy issues. Brad appears regularly before labour arbitrators, human rights tribunals, Labour Boards, Workers' Compensation Tribunals as well as various levels of court throughout the Atlantic Canadian provinces.

In 2015, Brad was named one of Lexpert Rising Starts: Leading Lawyers under 40. Having gained a national reputation for his experience in occupational health and safety and workers' compensation counsel, Brad has also been listed in the Best Lawyers in Canada directory since 2016. Brad also actively volunteers for various community groups and is currently a Director of Safety Services Nova Scotia.