CLEBC - Courses On Demand

Employment Law Conference 2014

Course Date: May 8, 2014

Total: 12h 5min

Course Agenda ▼

Day 1: Thursday, May 8, 2014

Welcome and Introduction

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

Drug and Alcohol Testing in the Workplace

update on Irving Pulp and Paper 2013 SCC 34
pre-employment drug tests
post-accident testing
reasonable cause testing
random drug tests following return to work after treatment for drug abuse
medical marijuana and the workplace

Kenneth R. Curry — BC Government and Service Employees’ Union, Burnaby
Kim G. Thorne — Roper Greyell LLP, Vancouver

Employers' Obligations When Employee Transitions from One Gender to Another

privacy issues
washrooms
advising other staff
policies

barbara findlay, QC — The Law Office of barbara findlay, QC, Vancouver
Elizabeth A. Reid — Boughton Law Corporation, Vancouver

Networking Break

Restrictive Covenants: Recent Developments, Alternatives, and the Death of the Interim Injunction

notable recent cases
interpretation of restrictive covenants in the context of
- employment
- employment following sale of a business
- grey areas
practical alternatives to restrictive covenants ("golden handcuffs" and "penalties" )
abandoning the use of interim injunctions
impact of restrictive covenants on reasonable notice
drafting tips

Blair W. Curtis — TevlinGleadle Employment Law Strategies, Vancouver
Valerie S. Dixon — Miller Thomson LLP, Vancouver

Termination and Human Rights Considerations—A Practical Discussion of Satisfying the Duty to Inquire and Accommodating to the Point of Undue Hardship

duty to inquire and recent cases
when duty will arise based on case examples
when to advise employers that they cannot act on employee misconduct without inquiring as to existence of disability
tribunal and court’s review of when employer’s duty to accommodate to point of undue hardship test will be met

Michael A. Watt — Alexander Holburn Beaudin + Lang LLP, Vancouver

Lunch with Featured Speaker: "A View from the Bench"

The Honourable Madam Justice Wendy J. Harris — Supreme Court of BC, Vancouver

Interpretation or Enforcement of Termination Clauses that Limit Severance Pay

case law update on such termination clauses
interpretation by the court of common words and phrases used in such clauses (“at least”, “minimum”, “not less than”)
tips for drafting and attacking such termination clauses
case law update on Shore v. Ladner Downs, 160 DLR (4th) 76; 52 BCLR (3d) 336
case law update on contractual severance payments and the duty to mitigate

David D. McWhinnie — TevlinGleadle Employment Law Strategies, Vancouver
Jennifer D. Wiegele — Kent Employment Law, Vancouver

Networking Break

Little Known but Potentially Expensive Liabilities under Employment Standards Legislation and How to Avoid Them

vacation pay on non-base pay: an often-overlooked but increasingly common claim
liabilities for employee costs arising from the prohibition on employees paying an employer’s “business expenses” under the ESA
- home office costs
- work use of personal vehicles
liability for non-core working time
- weekend/evening emailing and calls
- donning/doffing time
- travel time: what counts as working time and what does not
- training time
sometimes surprising liabilities resulting from transfer of a business: termination notice/pay liability on asset sale to employees who continue with purchaser
overtime claims by highly paid professionals

J. Geoffrey Howard — Gowling Lafleur Henderson LLP, Vancouver
Christopher Munroe — Gowling Lafleur Henderson LLP, Vancouver

The Deductibility of Pension and Disability Benefits from Damages Awarded for Wrongful Dismissal

a review of the authorities on what is described as “ double recovery” where an employee claims damages for loss of income and the loss of pension and disability benefits
the significance of the change in the law of mandatory retirement on pensions and the rights and obligations of employees and employers
the BC Court of Appeal decision and the anticipated decision of the Supreme Court of Canada in Waterman v. IBM Canada Limited
does the decision in Waterman v. IBM have any application in the disability benefits context?
does Girling v. Crown Cork and Sylvester v. BC remain the law in this area?
what are the implications of the Waterman v. IBM decision for employers and employees?

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

Closing Questions and Comments

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

Day 2: Friday, May 9, 2014

Welcome and Introduction

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

Offering Continued or Re-employment at the Time of/Subsequent to Terminadion

the legacy of the SCC’s decision in Evans v. Teamsters
the concept of repudiation of employment contracts
overlap in analysis: constructive dismissal and reasonable re-employment in mitigation
re-employment after actual dismissal, layoffs, or allegations of cause
repudiation by commencing proceedings against an employer
repudiation and working notice
offering re-employment and the “without prejudice” doctrine
practical points and issues at the end of employment

Martin Sheard — TevlinGleadle Employment Law Strategies, Vancouver
Cameron Wardell — Harris & Company LLP, Vancouver

"If Only We'd Settled"—Cautionary Tales from Enforcement of the Employment Standards Act

review of the 1995 Employment Standards Act’s purposes, including the providing of “fair and efficient” procedures for resolving disputes
overview of the Director’s and the Tribunal’s authority to interpret and enforce the ESA
summary of the statutory ESA entitlements
examples of heavily litigated matters that have come out of the Act’s enforcement and appeal processes
utilizing the Director’s mediation services to settle

Michelle J. Alman — Legal Services Branch, Ministry of Justice, Vancouver

Networking Break

Implications for Employment Law of the Decriminalization of Prostitution

review of the Bedford case
review of the forms of prostitution
review of employment laws that would be engaged and how each would be engaged with respect to decriminalized prostitution
- common law of employee vs. independent contractor
- employment standards legislation
- labour relations legislation
- human rights legislation
- workers compensation and occupational health and safety legislation
- employment insurance legislation
other areas of concern, such as liability issues over
- the presence of prostitution in certain workplaces such as logging camps, ships, and hotels
- the effect of striking the communication in public provision in industries such as the hospitality and entertainment industries

Gwendoline Allison — Foy Allison Law Group, West Vancouver

Foreign Worker Issues for Employment Lawyers

overview of the work permit application process, including labour market opinion-based work permits and labour market opinion-exempt work permits
issues for employers to be aware of when hiring foreign workers
issues for employers to be aware of when terminating foreign workers
new enforcement and compliance regime applicable to employers of foreign workers
changes to the labour market opinion application process and implications for employers
best practices for employers of foreign workers