CLEBC - Courses On Demand

Employment Law Conference 2016

Course Date: May 5, 2016

Total: 11h 32min

Course Agenda ▼

Day 1: Thursday, May 5, 2016

Welcome and Introduction

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

Wrongful Dismissal Settlements and Awards: Making and Defending Mitigation Arguments, and Other Creative Solutions

mitigation: key principles, trends in reduction awards, and the use (or misuse) of experts
creative approaches to settlements and judgment structure: predicting the success of future mitigation efforts; the use of the trust approach, partial summary judgment approach, and contingency approach

Andres Esteban Barker — Kent Employment Law, Vancouver
Valerie S. Dixon — Miller Thomson LLP, Vancouver

Networking Break

Leveling the Playing Field or Destroying the Turf? The Significant Role of Legal Counsel in Resolving Workplace Disputes

the difference between employment law and other litigation: the influence and importance of ongoing relationships
personality differences, management styles, and workplace bullying: which is which?
the life cycle of an employment dispute: from miscommunication to no communication
problem solver or vigorous advocate?: knowing which legal “hat” works best and when
fanning the flames or putting them out?: the importance of constructive letters, phone calls, and meetings in resolving employment disputes
the influential role of legal counsel (positive/negative) during workplace meetings, informal mediations, and employer investigations
ongoing employment is often “priceless”: maintaining relationships versus seeking compensation

Marli Rusen — Marli F. Rusen Law Corporation, Victoria

Benefits Issues Relating to Employment Law

employer responsibilities related to the administration of benefits plans
negligent misrepresentation relating to benefits
benefit continuation during the notice period

C. Nicole Mangan — Richards Buell Sutton LLP, Vancouver
Jennifer D. Wiegele — Miller Titerle + Company LLP, Vancouver

Lunch with Featured Speaker: "Sustainable Employment"

the role that lawyers (and HR professionals) play in enabling successful, long-lasting employment relationships for their clients
how to incorporate sustainability principles into all aspects of the employment relationship, from hiring to firing
examples of “unsustainable” employment law practices, and the harm they can cause both employees and employers

Simon Kent — Kent Employment Law, Vancouver

Frustration of Contract in the Common Law, Human Rights, and Arbitration Context

common law test for frustration of employment and the consequences
human rights considerations: frustration and the duty to accommodate
employment standards tests
arbitration issues: the impact of the collective agreement
overarching issues and best practices

Danny Bernstein — Roper Greyell LLP, Vancouver
Michael R. Kilgallin — Roper Greyell LLP, Vancouver

Networking Break

The Use of "Waiver of Tort" in Employment Litigation

overview of the restitutionary remedy, waiver of tort
how waiver of tort has been treated by the courts in employment litigation
(as the law currently stands) how it can be used as an effective tool in an employment litigator’s arsenal

Colin J. Edstrom — Harris & Company LLP, Vancouver
Nazeer T. Mitha — Harris & Company LLP, Vancouver

Directors & Officers Liability in the Employment Context

overview of liabilities imposed by Canadian federal and provincial law on directors and officers in the employment context
detailed consideration of D & O liability for
- unpaid wages under the Business Corporations Act and employment standards legislation
- unremitted source deductions—income taxes, EI premiums, and CPP
- management of pension plans
- occupational health & safety
employment practices liability coverage
best practices

Heather Hettiarachchi — Kent Employment Law, Vancouver
Erin Kizell — Kent Employment Law, Vancouver

Closing Questions & Comments

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

Reception hosted by Harris & Company LLP

The Blackbird Public House, 905 Dunsmuir Street, Vancouver

Day 2: Friday, May 6, 2016

Welcome and Introduction

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

Cross-Canada Application of Bhasin v. Hrynew in Employment Law Cases

what is the common law duty of honest performance of contracts established in Bhasin?
a review of Canadian case law that has considered the application of Bhasin to employment law issues
circumstances where the duty may be triggered across the life of an employment contract
how this contractual duty may apply to employment contracts in BC

Blair W. Curtis — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Carolyn Janusz — Black Gropper, Vancouver

Networking Break

Intellectual Property Issues in Employment Law: Do You Know Who Owns Your IP?

the basic rules of IP ownership in statute and common law
employment agreement clauses which govern IP ownership
avoiding some common issues that arise in the employment context

Mat Brechtel — Bull, Housser & Tupper LLP, Vancouver
Christopher S. Wilson — Bull, Housser & Tupper LLP, Vancouver

Case Law Update

key cases
analysis and trends
effects on practice

Lanny Robinson — Alexander Holburn Beaudin + Lang LLP, Vancouver
Cameron Wardell — Overholt Law – Barristers & Solicitors, Vancouver

Networking Lunch

Working with the Employee Who Has PTSD

characteristics associated with PTSD and how they can impact workplace environments
accommodation techniques for PTSD employees
legal framework for issues arising for PTSD employees

Gwendoline Allison — Foy Allison Law Group, West Vancouver
Richard D. Hart, CArb — Director and Conflict Management Specialist, ProActive Resolutions, Vancouver

The Duty to Provide Work and the Impact on Non-Working Working Notice

the issue of the duty to provide work recently explored in the SCC decision of Potter, 2015 SCC 10
general principles that apply to the analysis and particularly the sorts of contracts that this law impacts
the impact Potter might have on non-working working notice (i.e. the ability of an employer to give working notice but not require an employee to report to work during the period of working notice)
proposals for matters employers and counsel may wish to consider when drafting express contractual terms

Rodney W. Sieg — Harris & Company LLP, Vancouver

Networking Break

The Blurring Line: Off-Duty Conduct, Employer Sanctions, and the Place of Remorse in the Workplace

recent incidents of off-duty conduct and resulting employer sanction
the feminist legal perspective: victim blaming, double punishment
the employer's interest and the use of policies to govern off-duty conduct
the employee's interest and the right to privacy, freedom, and self-expression when not "on the clock"
the employer's duty to investigate
the role of the apology and remorse in potential reinstatement