Employment Law Conference 2024: Combo

Course Chairs
Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver

About the Course Chairs (photos and bios to follow)

Featured Luncheon Speakers
Justice Alan M. Ross — Supreme Court of BC, Vancouver
Derek Frenette — Alexander Holburn Beaudin + Lang LLP, Vancouver

Faculty

Day 1
Jeffrey Bastien (he/him) — Dentons Canada LLP, Vancouver
Kristina Draskovic (she/her) — Harris & Company LLP, Vancouver
Jessica Forman (she/her) — Forte Workplace Law, Surrey
Menachem Freedman (he/him) — HHBG Lawyers, Vancouver
Micah Goldberg (he/him) — Watson Goepel LLP, Vancouver
Johanna Goosen (she/her) — Senior Manager, Litigation, WorkSafeBC, Richmond
Eleni Kassaris (she/her) — Dentons Canada LLP, Vancouver
Jenson K. Leung (he/him) — Kane Shannon & Weiler LLP, Vancouver
Jae-Yeon Lim (she/her) — Harris & Company LLP, Vancouver
Victoria Merritt (she/her) — Dentons Canada LLP, Vancouver
Lia Moody (she/her) — HHBG Lawyers, Vancouver
Sean Tevlin (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Fiona Wong (she/her) — Overholt Law LLP, Vancouver 

Day 2
Tonie Beharrell (she/her) — Southern Butler Price LLP, North Vancouver
Sebastian Chern (he/him) — Howard Employment Law Corporation, Vancouver
Mary N. Childs (she/her) — General Counsel, Tsawwassen First Nation, Tsawwassen
Sarah Conroy (she/her) — Staff Lawyer, Intake & Early Resolution, Law Society of BC, Vancouver
Kimberly D. Darling (she/her) — Kent Employment Law, Kelowna
Christie Gilmour (she/her) — Forte Workplace Law, Surrey
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver
Simon Kent (he/him) — Kent Employment Law, Surrey
Madeline Lusk (she/her) — Harris & Company LLP, Vancouver
David Penner (he/him) — Harris & Company LLP, Vancouver
Lou Poskitt (she/her) — Cooperwilliams Truman & Ito LLP, Vancouver
Catherine Repel (she/her) — Clark Wilson LLP, Vancouver
Andi Sheasby (they/them) — Southern Butler Price LLP, Vernon
Glen Stratton (he/him) — Ascent Employment Law Corporation, Vancouver

• what we can expect from BC's pay transparency legislation in the coming years based on other jurisdictions, including in terms of enforcement and potential expansion 
• what is the effectiveness of pay transparency legislation in achieving its stated objectives
• how counsel can assist their clients in complying with the broad in scope (but light on detail) obligations that BC's Pay Transparency Act imposes on employers 

• recruitment practice involved for immigration applications (such as LMIA) and employment considerations
• practical hiring considerations for foreign workers and impact on employment contract and other hiring practice
• immigration compliance for employers that employment lawyers must be aware of and best practice tips
• Foreign Worker Protection Act and recent case law that employment and immigration lawyers must know about
• ethical considerations for immigration scenarios involving foreign workers

Jenson K. Leung (he/him) — Kane Shannon & Weiler LLP, Vancouver
Jae-Yeon Lim (she/her) — Harris & Company LLP, Vancouver

• what are the incoming amendments, contained in the Budget Implementation Act, 2018 No. 2, SC 2018, coming into effect in February 2024:
  • the "Notice Period" amendments; and 
  • the "Statement of Benefit" amendments
• the significance of the differences between analogous provisions under the BC Employment Standards Act and the Canada Labour Code with the incoming amendments
• the impact the amendments on drafting termination provisions in employment contracts for federally regulated employers

• why mentorship matters—focus on CBA Wellness Report
• how to be an excellent mentor
• how to get the most out of mentorship relationship
• findings an effective mentor

• this presentation will provide an overview of how to interact efficiently and effectively with WorkSafeBC in a number of common employment related interactions
  • internal review and appeal—identifying when you can seek review, appeal, or other internal remedies and how to do so effectively
  • obtaining information/evidence—how to efficiently seek required document production from WorkSafeBC
  • occupational health and safety enforcement—the progressive enforcement system set out under the Workers' Compensation Act (the "Act"), the binding policy that applies, and what this looks like in practice
  • subrogation/litigation bar—the unique nature of the litigation bar and subrogation right under the Act

• key cases
• analysis and trends
• effects on practice

• this presentation will explore the ability of employees to engage in acts of expression within or outside of the workplace, on topics related or unrelated to the workplace, and how employees and employers alike can navigate such expression 
• specific topics will include the applicability of Charter rights, the Human Rights Code's protections of political belief and prohibitions on hate speech, and an employee's right to expressive activity as contrasted with an employer's ability to regulate on- and off-duty conduct or terminate employment as a result of such activity
• decisions within and out of BC will be explored to not only provide an overview of current jurisprudence, but also where it may be headed in the coming months and years

• differences between Canada Labour Code and the Employment Standards Act, and why certainty on jurisdictional issues matters, particularly to the issue of enforceability of termination clauses in employment agreements
• jurisdictional analysis applicable to First Nations as employers with a focus on the Canada Industrial Relations Board's decision in Schlesiger v. Tsleil-Waututh Nation (February 8, 2023)
• how the analysis in Schlesiger and the general presumption that employment is provincially regulated unless the employment relates to a federal head of power raises interesting considerations in the context of a modern treaty nation like Tsawwassen First Nation

• overview and definition of key concepts: neurodiversity, neurodivergence
• tension between emerging social context and disability/accommodation legal framework in place 
  
  • accommodations for neurodivergent employees 
  • barriers
• harassment and discrimination: legal framework (s. 13, BCHRC) 
• opportunities and best practices 

• in July 2023, the Code of Professional Conduct for BC was updated to add commentary about our duties as lawyers not to discriminate, harass or sexually harass anyone
• while the commentary covers duties to clients and others, much of it is geared towards our obligations as employers and colleagues
• our presentation will review these updates and highlight the key considerations for lawyers as employers
• we will also bring some perspective from the Law Society on issues such as complaints, disciplinary action, and training or policies that lawyers can take or implement to address these concerns

• proper venues for each type of common claim we deal with as employment and human rights counsel
• how to work with the very different limitation periods in each venue (legally and strategically)
• how to organize which claim(s) to mediate first and why (and if mediation is a good strategy in the first place)
• instances where it is appropriate to seek stays/deferrals of proceedings, and the process to do so 
• how to navigate document disclosure when litigating in multiple forums
• considerations around remedies when dealing with multi-faceted litigation in multiple venues