CLE Online

Welcome and Introduction

Matthew Cooperwilliams — Harris & Company LLP, Vancouver                                               

Settlement and the Effective Use of Releases

• has a settlement agreement been reached or merely an agreement to agree?
• if a settlement has been reached, then what terms may be implied?
• what protection is afforded by limitation periods?
• what matters should be specifically negotiated to include in a release?

H. Scott MacDonald — Richards Buell Sutton LLP, Vancouver
Georg D. Reuter — Richards Buell Sutton LLP, Vancouver

Respect in the Workplace

• general definitions and the legislative framework
• the top three: bullying, harassment, and defamation
• costs of a disrespectful workplace
• liabilities caused by a disrespectful workplace in 2010
• general strategies to create and maintain a respectful workplace

Gwendoline C. Allison — Valkyrie Law Group LLP, Vancouver
Andrea E. Frisby — Valkyrie Law Group LLP, Vancouver

Networking Break

Fundamentally Changing Employment Terms—Balancing Business Needs And Constructive Dismissal

• unilateral changes to terms of employment without constructive dismissal liability
• laying off employees
• reducing working hours and requiring days off without pay
• obligation to work under changed terms

Richard E. Press — Davis LLP, Vancouver

Lunch with Featured Speaker

Professor Kevin Banks — Centre for Contemporary Workplace, Faculty of Law, Queen’s University, Kingston

Common Pitfalls in the Written Employment Contract

• limiting common law “reasonable notice”
• termination clauses which have been upheld or successfully challenged
• is an employer obliged to draw a termination clause to an employee’s attention?
• conditions under which the contract will be frustrated
• incorporation of policies and employee handbooks into employment contracts
• definitions of  just cause
• limitations on looking for other work or engaging in other work while employed
• limitations on overtime
• disentitlement to bonus payments following dismissal

John W. Bilawich — Holmes & King, Vancouver
Simon  K. Kent — Kent Employment Law, Vancouver
Jennifer D. Wiegele — Kent Employment Law, Vancouver

Enforcement by the Director of Employment Standards

• D&O liability
• notice to individuals
• adequate remedies
• Macareg didn’t work—will this one?

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

Networking Break

Social Media and the Impact on Employment Relations

• the nature of the legal issues raised
• the developing jurisprudence
• challenges of social networking for employers and employees
• strategies and policies to consider

Carman  J. Overholt, QC — Fraser Milner Casgrain LLP, Vancouver
Matthew J.G. Curtis — Fraser Milner Casgrain LLP, Vancouver

Closing Questions and Comments