Workplace Wellness and the Law, a union’s lens

Valerie Prather, Cherie Klassen, Gina Savoie

Panel 4 – Occupational Health Stream – Workplace Wellness and the Law

September 24th Day Two – Macleod Hall A & B South Building 1:30 PM to 3:00 PM

Workplace Wellness and the Law, a union’s lens

Cherie Klassen

Session Description

This session will explore the legal duties and obligations on employers, employees, and unions with respect to accommodating disabilities – including substance use disorders – in the workplace, in order to assist in creating Recovery Friendly Workplaces.  It will also explore the limits of those obligations, including such questions as:

  • When has an employer reached undue hardship?
  • What are employees’ rights to privacy, including the right to keep their medical information confidential, in any accommodation or related workplace process?
  • Does it make a difference if a person is engaged in a safety sensitive or decision-critical position (or not)? Or if a person is in a regulated profession?

In addition, this session will touch on the impact of the stigma and bias that may be entrenched in a workplace culture as an obstacle to creating pro-resilient workplaces and discuss what legal tools are available to overcome such challenges.  Finally, the speakers will engage in a discussion of the “epic fails” in Canadian case law with respect to adjudicative determinations highlighting situations where employers have simply not done enough as required by human rights law; unions have been found to be jointly responsible for not meeting legislated obligations; and/or employees have refused to adequately cooperate in the process, thereby leaving them without a desired outcome or remedy at work. 

Learning Objectives

  • We anticipate that this session will assist attendees to:
  • Gain a better understanding of human rights legislation and accordant obligations on all of the parties involved at the worksite.
  • Obtain tools to avoid the pitfalls and overcome the obstacles to advancing the creation of safe and inclusive workplaces where employees thrive and employers’ benefit; and
  • Better understand the rights – and the limits of those rights – of all workplace participants as it pertains to employee off-work activities and personal information, including medical information.

References

The Estate of DM v. South Country Co-op Limited, 2023 AHRC 115 (CanLII)

Ontario Public Service Employees Union – Local 518 v. Interim Place, 2020 CanLII

17782 (ON LA)

Central Okanagan School District No. 23 v. Renaud (1992), 95 D.L.R. (4th) 577

Capital Health Authority (Royal Alexandra) and U.N.A., Local 33, [2006]

A.G.A.A. No. 60 (QL) (Ponak)

About Cherie Klassen

Cherie Klassen (Langlois-Klassen) is a partner at Blair Chahley Klassen Lawyers, a union-side labour law firm. Cherie has spent nearly 20 years representing unions and associations, and their members (including the United Nurses of Alberta (UNA) and the Alberta Union of Provincial Employees (AUPE)) in contract negotiations, legal disputes, and at arbitration.

Cherie also has extensive professional conduct representation  experience (for regulated professional respondents).  In past incarnations, she served as Director, Negotiations, at the Alberta Medical Association (AMA) and the Director of Labour Relations (North), at the Health Sciences Association of Alberta (HSAA). As part of her private practice currently, she is lead negotiator for the Association of Academic Staff of the University of Alberta (AASUA) for this round of public sector contract negotiations.

Cherie has published a number of academic publications and conference papers in the fields of health and labour law and is a frequent speaker for a variety of audiences. She was previously a Clinical Associate (Academic Colleague) with the Faculty of Nursing at the University of Alberta. Cherie has also served as a member of the Alberta Human Rights Commission (Tribunal) and as a Vice-Chair of Alberta’s Mental Health Review Panel. She has a special interest in substance disorders and mental health issues in occupational settings. Cherie has a BSc. (Pharmacology) degree, a MSc. (Pharmacology) degree, and LL.B., all from the University of Alberta.

Other Panel Members

Join us for the Alberta Recovery Summit, hosted by the 9th Annual Recovery Capital Conference taking place on September 23rd, 24th, and 25th, 2025.

 Session Streams

  • Health Care and Recovery
  • Indigenous Health
  • Occupational Health and Safety

 Key Details

  • DAY ONE September 23rd – 5:30 pm 6:30: Early Badge Pick Up and Networking Reception, 6:30 pm to 8 pm Pre Conference Presentation
  • DAY TWO September 24th – 8:45 am to 5 pm: Keynote Speakers and Breakout Sessions
  • DAY THREE September 25th – 9 am to 5 pm: Keynote Speakers and Breakout Sessions

 Hotels

Book your hotel at one of our host hotels and save money. Click on the links for the discount rates and book early as rates will go up, and they always sell out.

Schedule

Speakers

Registration

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