CLEBC - Courses On Demand

Employment Law Conference 2013

Course Date: May 9, 2013

Course Agenda ▼

Day 1: Thursday, May 9, 2013

Welcome and Introduction

Matthew Cooperwilliams — Harris & Company LLP, Vancouver
Simon K. Kent — Kent Employment Law, Vancouver

Bill 14 Changes to Mental Disorder Provisions of the Workers Compensation Act

background to Bill 14: what led to the changes?
the Workers Compensation Act amendments and new policies
review of WorkSafeBC decisions to date
proposed occupational health and safety policies on bullying and harassment
the Downs Construction Ltd. v. WCAT decision and jurisdiction over mental health claims arising from the workplace
employer and employee perspectives on dealing with mental disorder claims

Peter Eastwood — Hamilton Howell Bain & Gould, Vancouver
Marino J. Sveinson — Roper Greyell LLP, Vancouver

Arbitration Clauses in Employment Contracts

are arbitration clauses in employment contracts enforceable?
what is the law relating to the enforcement of arbitration clauses
jurisdictional issues relating to arbitration clauses
pros and cons of including an arbitration clause in an employment contract
drafting tips

Jennifer D. Wiegele — Kent Employment Law, Vancouver

Networking Break

Two Roads: The Interface Between Common Law and Employment Standards Claims in British Columbia

conflicts between contractual versus Employment Standards Act rights
claims for overtime pay, statutory holiday pay, vacation pay, and expense allowances and related claims
bonuses
pre-contractual misrepresentations
claims in relation to termination of employment; severance pay in lieu of reasonable notice versus compensation for length of service under the Employment Standards Act
procedural advantages/disadvantages associated with either forum including limitations and enforcement/collections issues
“class” claims
res judicata and issue estoppel

Professor Kenneth W. Thornicroft — Peter B. Gustavson School of Business, University of Victoria, Victoria

Employment Issues in the BC Public Sector

exempt employee compensation under Part 3.1 of the Public Sector Employers Act
the requirements and nuances of the Employment Terminations Standards Regulation
case law review
practice tips

Colin G.M. Gibson — Harris & Company LLP, Vancouver

Lunch with Featured Speaker: "How to Work and Play Nicely with Others"

D. Murray Tevlin — TevlinGleadle Employment Law Strategies, Vancouver

Limitation Periods

what the new legislation says
transitional issues
settlement issues

Carman J. Overholt, QC — Overholt Law Corporation, Vancouver

Reinstatement of Employees in Non-Union Settings

reinstatement of dismissed employees
specific employment contracts
statutory office holders
due process
tactical value in asking for reinstatement for the employee
trends: is the reluctance to order reinstatement softening?

Lawrence L. Robinson — Alexander Holburn Beaudin + Lang LLP, Vancouver

Networking Break

Class Actions

how to go forward with these types of claims
conflicts issues
legal, practical, and financial issues
settlements

Luciana P. Brasil — Branch MacMaster LLP, Vancouver
R. Charles Gordon — Glavin Gordon Clements, Vancouver
Michael R. Howcroft — Blake, Cassels & Graydon LLP, Vancouver

Closing Questions and Comments

Day 2: Friday, May 10, 2013

Welcome and Introduction

Matthew Cooperwilliams — Harris & Company LLP, Vancouver
Simon K. Kent — Kent Employment Law, Vancouver

Aggravated and Punitive Damages

review and update on the law
bringing and defending claims for aggravated and punitive damages
other claims that may arise in such circumstances, e.g., human rights, certain tort claims
practical issues in alleging
- disclosure of medical records
- no summary trial
- pros and cons
ethics of it—legal advice as to defending a claim of bad faith

D. Michael Bain — Hamilton Howell Bain & Gould, Vancouver
Donovan G. Plomp — McCarthy Tetrault LLP, Vancouver

Networking Break

Revisiting the Employee’s Mitigation Duty Where Contractual Severance Clauses Exist

case law, including ONCA decision in Bowes v. Goss
drafting tips on clauses
practice points

Blair W. Curtis — TevlinGleadle Employment Law Strategies, Vancouver

Top 10 Tax tips

retiring allowances
role of intention in employee vs. contractor disputes
employer payments to ex-employee for loss of stock options
can the sole shareholder of a corporation be its employee?
services PEs
Reg. 105/Reg. 102—Withholding
personal services businesses and partnerships
when is a stock option agreement not a stock option agreement?
salary deferral arrangements in union contracts
beyond general damages—other ideas for making settlements more tax effective

Joel A. Nitikman — Dentons Canada LLP, Vancouver

Networking Lunch

Drug and Alcohol Testing: Recent Developments in the Law

dismissal law update: when can you terminate an addict?
the battle in Alberta: Drug and Alcohol Risk Reduction Pilot Project update
Supreme Court of Canada update: impact of Irving Pulp and Paper and R. v. Cole
industry specific implications: mining, oil & gas, and other "dangerous" workplaces

Eleni Kassaris — Blake, Cassels & Graydon LLP, Vancouver
Claire Marchant — Blake, Cassels & Graydon LLP, Calgary

Potential Claims Against Departing Employees Without Written Agreements

failure to give reasonable notice of intention to resign in breach of implied term of contract
wrongful use of confidential information in breach of implied duty of good faith
tort of breach of confidence
tort of inducing breach of contract
tort of unlawful interference with economic interests
tort of conspiracy to injure
breach of fiduciary duties