CLE Online

Welcome and Introduction

Sandra I. Banister, QC — Banister & Company, Vancouver
Clayton A. Jones — Fasken Martineau DuMoulin LLP, Vancouver

Industry Spotlight: Working with the Construction Industry

• the history of construction labour relations in the Province
• the major constituents in the industry
• current issues and challenges that arise on major construction

Theodore C. Arsenault — Arsenault Aaron Lawyers, Vancouver
Thomas A. Roper, QC — Roper Greyell LLP, Vancouver

Break

Labour Board Update and Practice Points

Jacquie de Aguayo — Chair, BC Labour Relations Board, Vancouver
Jennifer Glougie — Associate Chair, BC Labour Relations Board, Vancouver

An Update on Bullying and Harassment in the Workplace

• what is set out in the WorkSafeBC regulations on bullying and harassment
• what protection provided by the Human Rights Code where the bullying is based on a protected ground such as age
• where there is bullying and harassment language contained in a collective agreement and a grievance is filed pursuant to this language

Sebastien Anderson — Labour Rights Law Office, Vancouver
Kim Fournier — Manager, Law and Policy, Employers’ Advisers Office, Kelowna
Keith J. Murray — Mathews, Dinsdale & Clark LLP, Vancouver
Lindsay Waddell — Moore Edgar Lyster, Vancouver

Networking Lunch (provided)

How Arbitrators Decide Cases

• two questions the arbitrator must address:
  • on the evidence, decide who did what to whom and why, and what are the consequences, in fact and law
  • what is the appropriate arbitral response, under the labour relations law and principles and in accordance with the applicable collective agreement

John P. Sanderson, QC — Lawyer, Arbitrator, Mediator, Sanlaing DR Ltd., Vancouver

Break

Evidentiary Issues in Labour Arbitration

• document disclosure
  • current test(s)?
• admissibility and use of surveillance evidence
  • when (if ever) is it admissible?
  • audio v. video recordings
• third party investigation reports
  • privileged? if so, when, how?

Shona A. Moore, QC — Moore Edgar Lyster, Vancouver
Kevin P. O’Neill, QC — Fasken Martineau DuMoulin LLP, Vancouver

Labour Law Update

• key cases on the Charter, human rights, arbitration, Labour Relations Board, and judicial review
• analysis and trends

Delayne M. Sartison, QC — Roper Greyell LLP, Vancouver
David W. Tarasoff — Hastings Labour Law Office LLP, Vancouver