Dan Palayew Mr. Palayew is a partner and the practice group leader of the Ottawa Labour and Employment Group. He regularly advises employers with respect to union organizing and certification, collective bargaining, injunctions, wrongful dismissal actions, employee terminations, labour arbitrations, pay equity, human rights, occupational health and safety, workplace safety and insurance and workplace privacy.
Mr. Palayew has appeared before many courts and tribunals, including boards of arbitration, the Ontario Labour Relations Board, the Canada Industrial Relations Board, the Workplace Safety and Insurance Board and Appeals Tribunal, the Ontario Superior Court of Justice and the Ontario Court of Appeal.
Mr. Palayew is a member of the Human Resources Professionals Association of Ontario and the Ontario Bar Association. He is the past Eastern Ontario Representative on the Ontario Bar Association Labour Relations Section Executive and is currently the Eastern Ontario Regional Coordinator on the Privacy Law Section Executive and also sits on the Workers Compensation Executive. He was a long-time member on the Board of Directors of the Ottawa Human Resources Professionals Association and chaired the Government Affairs Liaison Committee.
Mr. Palayew has spoken at and chaired numerous conferences and seminars and has published several articles regarding labour and employment law. He has been interviewed on radio and quoted frequently in publications such as The Globe and Mail, the Ottawa Citizen, the Ottawa Business Journal and Workplace News on employment, labour and privacy issues.
Mr. Palayew is recognized as one of Canada’s leading lawyers in the areas of labour and employment law in the 2010 edition of The Best Lawyers in Canada (Woodward/White). Education
B.C.L./LL.B., McGill University, 1993 B.A., McGill University, 1989 Professional Affiliations
Human Resources Professionals Association of Ontario Ontario Bar Association
Publications and Conferences Speaker, "Successful Labour Relations in Uncertain Times: Stay In Control", IPM Chapter Events, Ottawa, June 3, 2010 Speaker, Export Compliance - Canada and the United States; Two-day Intensive Course, Vancouver, April 29-30, 2010 Speaker, Export Compliance - Canada and the United States; Two-day Intensive Course, Ottawa, April 15-16, 2010 Speaker, "Doing Business in Canada: Navigating the Labor and Employment Law Maze from Across the Border", webinar presented by BLR, April 14, 2010 Moderator, "Social Media and Privacy in the New Workplace", AccessPrivacy 2010, Toronto, March 25, 2010 Speaker, "New Updates and Developments in Accommodation from a Legal Perspective", Duty to Accommodate - Latest Legal Updates and Best Practices in Accommodation Management, Ottawa, March 23-24, 2010 Quoted in "Lifting the lid on workplace violence", The Law Times, March 1, 2010 Speaker, "Card Majority Certification and First Contract Arbitration: Lessons from the Canadian Experience", National Labor Law Symposium, Rosemont, Illinois, November 17, 2009 Panel Chair, “Just Cause Terminations and topics related to the current economy – downsizing, employer rights and obligations”, HRPA Eastern Ontario Conference, Ottawa, October 22, 2009 Conference Co-chair and Speaker, “Recent Decisions and How they Affect Absenteeism”, Minimizing Absenteeism in the Federally Regulated Workplace: Improve Workplace Attendance and Employee Accommodation, and Manage Absenteeism, Infonex, Ottawa, October 20-21, 2009 Speaker, “Culpable Termination: In a Downturn Are Less Reasons Needed and Fewer Second Chances Granted?” Employee Termination & Restructuring Conference, Insight, Ottawa, September 21, 2009 Speaker, “Today’s Critical Issues in Employment Law”, IPM Management Training and Development Corporation, June 2, 2009, Ottawa. Quoted in "High tech battles the flu", Ottawa Business Journal, May 4, 2009 Conference Chair, 2008 in Review: What’s New, What’s Hot in Labour and Employment Law, 7th Annual Ottawa Law Conference, Human Resources Professionals Association (HRPA) Ottawa. Ottawa, April 28, 2009 Quoted in “Beware the cyber slackers,” Computerworld Canada, April 15, 2009 Conference Chair and Speaker, “Privacy and Confidentiality: Where to Draw the Line,” Duty to Accommodate in the Federally Regulated Workplace, Infonex. Ottawa, March 24-25, 2009 Speaker, “Update: Medical Privacy”, 2009 Accommodation Law Conference, Ottawa, March 10-11, 2009 Speaker, Managing Absenteeism and the Duty to Accommodate, Ottawa Regional Contact Centre Association. Ottawa, January 27, 2009 Quoted in “How big brother can watch you without being a jerk,” ITBusiness.ca (IT World Canada), January 21, 2009 “Mission Impossible: Duty to Accommodate,” HR Professional, December 2008/January 2009, p. 20 Speaker, “Independent/ Dependent/ Co-Dependent/ Dysfunctional: An Update on the Law of Independent Contractor”, Six-Minute Employment Lawyer conference, County of Carleton Law Association. Ottawa, December 10, 2008 Speaker, Today’s Critical Issues in Employment Law, Ottawa Half Day Workshop, Institute of Professional Management. Ottawa, November 12, 2008 Conference Co-Chair, New Developments and Trends in Privacy Law, Ontario Bar Association. Ottawa, October 29, 2008 Speaker, “Privacy in the Employment Relationship”, Queen’s University, October 23, 2008 Speaker, “Duty to Accommodate: Mission "impossible"?”, 2008 Eastern Ontario HR Conference & Trade Show, Human Resources Professionals Association, Ottawa Chapter. September 18, 2008 Conference Chair and Speaker, "Privacy and Confidentiality: Understanding and Working within the Boundaries," Meeting Your Duty to Accommodate: Improve workplace health and employee accommodations to meet legal requirements and ensure workforce viability, Infonex. Ottawa, June 10 & June 11, 2008 Conference Chair, 2007 in Review: What's New, What's Hot in Labour and Employment Law, Sixth Annual OHRPA Law Conference, May 6, 2008 “Suspicious Disability Claims: Best Tools and Strategies for Detecting and Proving Deception,” Risk Management in the Workplace, Insight Information, March 31, 2008 Conference Chair, Meeting your Duty to Accommodate in Federally Regulated Workplaces, Infonex, March 18-19, 2008 “Privacy and Confidentiality: Understanding and Working within the Boundaries,” Meeting your Duty to Accommodate in Federally Regulated Workplaces, Infonex, March 19, 2008 Handling Difficult Accommodation Cases, Centre for Labour-Management Development, February 21-22, 2008 "The Disabled Employee: Discipline, Accommodation and Frustration of Contract," Pembroke Seminar, June 7, 2007 Conference Chair, 2006 in Review: What’s New, What’s Hot in Labour and Employment Law, OHRPA Law Conference, May 8, 2007 Conference Chair, OHRPA Law Conference, May 3, 2006 "Handling Medical Issues in the Unionized Workplace," Centre for Labour-Management Development Breakfast Seminar, March 8, 2007 "Law and the Contact Centre," Ottawa Regional Contact Centre Association, December 7, 2006 "Employees and Blogging," AM 770 CHQR Radio Calgary, March 8, 2006 "Accommodating Disabilities in the Unionized Workplace," Centre for Labour-Management Development, March 1, 2006 "Legislative Update," Up-Date - The OHRPA Magazine, February 2006 "Get a Game Plan," Workplace News, February 2006 “Romance in the Workplace,” CBC Radio – Ontario Today, February 14, 2006 “Do Privacy Laws Trump Labour Practices?”, “Keeping an Eye on Big Brother,” “Watching Out for Whistle Blowers,” Quoted in Canadian Lawyer articles, November 2005 "Workplace Privacy," OHRPA Law Conference, May 5, 2005 "Privacy Chief Takes Aim at Spammers," Ottawa Business Journal, April 1, 2005 "Back to the Future: Hours of Work in Ontario," Ottawa Business Journal, April 1, 2005 "Back to the Future: Hours of Work in Ontario," Ottawa Business Journal, February 21, 2005 "Discipline & Discharge in the Unionized Workplace," Centre for Labour-Management Development, February 2-3, 2005 "Designing and Enforcing IT User Policies," GTEC, October 19, 2004 "The Six-Minute Employment Lawyer," Law Society of Upper Canada, October 6, 2004 “Corporate Porn Policies Sit on Shelf, Expert Says,” The Globe and Mail, July 14, 2004 "Workers Demand Pay for Pee," Ottawa Citizen, June 10, 2004 "Human Rights in the Unionized Workplace," Centre for Labour-Management Development, February 18-19, 2004 "Labour and Employee Relations," The Mearie Group Conference, 2003 "The Six-Minute Employment Lawyer," Law Society of Upper Canada, May 7, 2003 "Employment Standards Act, 2000," Murray Axmith Lunch and Learn Series, 2002 "In Very Hot Water: Sexual Harassment After Hours," County of Carleton Law Association Civil Litigation Update Conference, 2002 "Workplace Harassment, Crime and Violence," Murray Axmith Lunch and Learn Series, 2001 "Heads Up: Employment Standards Act, 2000," Corporate Contact, 2001 "The Use of Medical Evidence at Arbitration, A Management Perspective," Labour Arbitration Yearbook, 2000 "Recent Developments In Employment Law; Sexual Harassment," Lexpert, 2000 "Employee Discharge and Documentation in Ontario," Lorman Education Services Seminar, 2000 "Workplace Harassment: Developing Trends, A Management Perspective," Labour Arbitration Yearbook, 2000 "Workplace Violence: Not Your Problem? Think Again," Ottawa Citizen, 2000 "The Departing Employee, Non-Competition Agreements And Other Critical Employer Issues In Ontario," Lorman Education Services Seminar, 1999 “Employee or Self-Employed," International Association of Young Lawyers, 1997 Canadian Employment Law for U.S. Companies (U.S. publication), Assistant Editor, 1995-1998
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