CLE Online

Welcome and Introduction

Sandra F. Guarascio — Roper Greyell LLP, Vancouver
Marino J. Sveinson — Roper Greyell LLP, Vancouver

Accommodation

• where is the point of undue hardship?
• issues arising with respect to accommodation?
• an accommodation plan that works

Candace Droder, CHRP — General Supervisor, Employee Relations, Teck Highland Valley Copper, Logan Lake
Bruce R. Grist — Fasken Martineau DuMoulin LLP, Vancouver

Networking Break

Medical Information in the Accommodation Process

• what information can the employer ask for?
• when can the employer request an independent medical examination?
• what are the obligations on the employee to provide medical information?
• managing privacy issues, including use, access, disclosure, and retention of the medical information
  
  Jennifer R. Devins — Roper Greyell LLP, Vancouver

Lunch (on your own)

Concurrent Sessions (choose 1)

A. Costs’ Remedies for “Improper Conduct” During the Course of a Complaint

• statutory jurisdiction over monetary remedies generally
• “expenses” vs. “costs” and the Senyk/Kerr/Mowat debate
• identifiable themes and trends
• from misleading behaviour to over-zealous cross-examinations
• the relationships between lawyers’ bills and costs for impropriety
• advocacy issues for lawyers and lay counsel

Thomas D.J. Schiller — Thomas D. Schiller Personal Law Corporation, Coldstream

OR

B.  Trade Union’s Responsibility Under Sections 13 & 14 of the Human Rights Code

• a union’s role and responsibility under the human rights regime
• the application of s. 13 to trade unions, including by participating in the formulation of a discriminatory work rule or by impeding an employer’s reasonable accommodation efforts
• the application of s. 14 of the Code to trade unions, including when a trade union in its internal operations risks violating s. 14
• jurisdictional issues
• case law review and analysis

Stephanie T. Mayor — Black Gropper, Vancouver
Shanti P. Reda — Black Gropper, Vancouver

Concurrent Sessions (choose 1)

A. Fitness for Duty

• impaired safety sensitive workers: possible causes
• determination of impairment or fitness: the urgent medical exam
• comparing drug testing to other forms of fitness determination
• reporting medical information: how much information does the employer get?
• is fitness for duty testing a better starting place than alcohol or drug testing?
• legal challenges in fitness for duty and drug and alcohol testing

Dr. Ray Baker, MD, FCFP, FASAM — HealthQuest Occupational Health, Richmond
Gabriel M.A. Somjen — Borden Ladner Gervais LLP, Vancouver

OR

B. Cutting Edge Issues in Accommodating Family Obligations in the Workforce

• the evolving dimensions of “family status” discrimination
• the two diverging approaches to accommodating family care obligations in the case law
• the perils of terminating employees absent on maternity/parental leaves

Michael J. Schalke — Gowling Lafleur Henderson LLP, Vancouver
Jennifer Vermiere — Gowling Lafleur Henderson LLP, Vancouver

Networking Break

A Critique of the Current Tests for Misconduct/Addictions Human Rights Cases 

• the different tests to establish discrimination
• application of the Court of Appeal Gooding decision
• the test in other jurisdictions
• recent case law and arbitration decisions
• application of the McGill decision by courts and tribunals
   
  Nitya Iyer — Heenan Blaikie LLP, Vancouver
  Catherine A. Sullivan — British Columbia Government & Service Employees’ Union, Burnaby

Effective Advocacy

• your role as counsel in complaint processing
• the importance of being familiar with the Tribunal's Rules of Practice and Procedure
• the roles of different Tribunal staff and how to deal with them effectively and appropriately
• typical pre-hearing applications and how to represent your client effectively
• how to deal with other participants
• how the Tribunal conducts hearings
• tips for effective advocacy at hearings
  
  Lindsay M. Lyster — Moore Edgar Olson, Vancouver

Closing Questions and Comments