Labour Relations 2018

Course Date: October 24, 2018

Total: 6h 41min

Welcome and Introduction

Sandra I. Banister, QC Banister & Company, Vancouver
Clayton A. JonesFasken 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, QCRoper Greyell LLP, Vancouver


Labour Board Update and Practice Points

Jacquie de AguayoChair, BC Labour Relations Board, Vancouver
Jennifer GlougieAssociate 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


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, QCMoore Edgar Lyster, Vancouver
Kevin P. O’Neill, QCFasken 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, QCRoper Greyell LLP, Vancouver
David W. TarasoffHastings Labour Law Office LLP, Vancouver