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Can I be Honest with You? The Duty of Good Faith and the Employment Relationship

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Recent Supreme Court of Canada decisions have expanded our understanding of the duty of good faith and honest contractual performance discussed in the landmark Bhasin decision. This seminar will discuss the implications of these decisions and other decisions since Bhasin for the employment relationship. We will also discuss the duty of good faith and honesty in contractual performance in unionized workplaces including with respect to the exercise of management rights as well as the interpretation, administration and enforceability of collective agreement terms.

Topics to be covered include:

  • The implications of the duty of honest performance for employers
  • Impact on negotiations and dealing with employees
  • Impact on damages
  • The duty of good faith in investigations
  • Practical tips to avoid or mitigate bad faith claims

This program contains 1 hour of Substantive content