2023 AGENDA

All times in PT

• 8:30 AM

  Registration & virtual orientation

• 9:00 AM

  Opening remarks

• 9:05 AM

  Case study: A practical overview of legal issues surrounding hybrid workforces

  As companies continue to adapt to the rise of hybrid workplaces, employers need to stay on top of legal responsibilities, changing policy requirements, and potential liabilities. This session will provide an overview of best practices for staying ahead of potential legal pitfalls in hybrid workforce management.  

  • Issues related to working remotely, out of province, or out of country  
  • Employee repatriation to the office – constructive approaches to encourage the return to the office 
  • Understanding remote workers’ rights – ensuring safety, security, and privacy 
  • Will “right to disconnect” legislation come to B.C.? 

  

  Aliya Virani

  Associate
  Ascent Employment Law

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  Aliya Virani

  Associate
  Ascent Employment Law

  Aliya is an associate in the Vancouver office of the Labour and Employment group at BLG and provides advice to employers on issues including:

  •hybrid and remote work
  •incentive compensation
  •independent contractor agreements
  •severance negotiation
  •accommodation and leaves of absence
  •statutory compliance
  •vacation and paid time off
  •restrictive covenants
  •adapting US policies for Canadian workforces
  •human rights complaints
  •wrongful dismissal litigation
  •diversity, equity, and inclusion
  •M&A activities involving employment matters 

  Prior to joining BLG, Aliya had a broad plaintiff-side employment law practice at a national employment law firm. 

   

• 9:40 AM

  Case study: Employment contracts – Anticipating problem areas for employers

  The increasing complexity and pace of change in employment law continues to be a challenge for employers. This session will provide an update on common issues associated with contracts, including enforceability, common employers, and multi-jurisdictional employment. 

  • Enforceability issues: how to minimize the risk of your contract being found to be unenforceable 
  • Addressing mitigation income following termination of the contract 
  • Defining amounts payable and not payable for incentive compensation upon termination 
  • Best practices for changing terms of employment 

  

  Carman J. Overholt, K.C.

  Managing Partner
  Overholt Law LLP

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  Carman J. Overholt, K.C.

  Managing Partner
  Overholt Law LLP

  Carman is a senior litigation lawyer with extensive experience in employment, labour relations and human rights law. Carman works closely with senior management and human resources professionals providing advice on contracts, policies and strategies to minimize the risk of disputes and litigation. As counsel, Carman regularly appears before the Courts, Arbitrators and administrative tribunals with jurisdiction over the workplace.

  Carman is a frequent lecturer and speaker on a wide range of employment and labour relations subjects for various groups including CPHR BC & Yukon, the Vancouver Board of Trade, the Canadian Bar Association, the Continuing Legal Education Society in British Columbia, the Sauder School of Business and the Queen’s Industrial Relations Centre.

  Carman is the Past President of the Canadian Bar Association (BC Branch) and founding Chair and President of Pro Bono Law of BC. He is also the Past President of the Advocates Club and the West Vancouver Otters Swim Club.

  In 2002, Carman was appointed Queen’s Counsel by the Province of British Columbia, in recognition of his legal work and community service. Carman is also a recipient of the CBA Harry Rankin Pro Bono Award and the Queen’s University Kathleen Beaumont-Hill Award recognizing him as a distinguished leading practitioner in labour and employment law.

  

  Kai Ying Chieh

  Lawyer
  Overholt Law LLP

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  Kai Ying Chieh

  Lawyer
  Overholt Law LLP

  Kai Ying is a lawyer at Overholt Law LLP and practices in all of the firm’s practice areas including labour relations, employment, professional regulation, human rights, occupational health and safety, and privacy law. 

  Kai Ying values a thoughtful, well-reasoned, and client-focussed approach to the practice of law. Since joining the firm in 2018, Kai Ying has advised a diverse range of clients on matters including employment contracts, severance packages, restrictive covenants, workplace policies, workers’ compensation reviews, and human rights claims. Kai Ying has experience with workplace litigation and has been involved in proceedings before various administrative tribunals including the Human Rights Tribunal and the Labour Relations Board, as well as assisting with matters at all levels of Court in British Columbia. 

  Prior to joining the firm, Kai Ying attended the Peter A. Allard School of Law at the University of British Columbia for her law degree. While at law school, Kai Ying volunteered with the Law Students’ Legal Advice Program and with the Migrant Workers’ Centre (formerly the West Coast Domestic Workers’ Association), and summered and worked in-house at UBC Human Resources, where she gained considerable experience with labour and employment issues core to our work at Overholt Law LLP. She was also extensively involved with the UBC Law Review throughout law school, serving on the Board of Directors as the Editor-in-Chief (Editorial) in her final year. 

• 10:15 AM

  Case study: Vaccine mandates, suspensions, and terminations – Staying on top of new legal developments

  With vaccine mandates now clearly established, there are still a number of pending decisions around vaccine refusal and related suspensions and terminations. This session will provide an update on recent decisions in the courts and help you ensure that your business chooses the best course of action and avoids potential unnecessary legal penalties.  

  • Developing a workplace vaccination policy that is in line with current regulations 
  • Suspension without pay or termination; choosing the right response for non-compliance 
  • Assessing legal consequences for cases that are successfully appealed  

  

  Matthew Cooperwilliams

  Partner
  Cooperwilliams Truman LLP

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  Matthew Cooperwilliams

  Partner
  Cooperwilliams Truman LLP

  Matthew Cooperwilliams has almost 35 years’ experience practising labour and employment law and related litigation.  After practising as a partner at a major national law firm and then in one of Canada’s largest labour and employment boutiques he opened his own boutique firm in 2019.  For many years Matthew was an Adjunct Professor of employment law at UBC’s Allard School of Law and Chair of the Continuing Legal Education Society of BC’s annual employment law conference.  In the last two years he has been very excited to add work as a mediator to his labour and employment practice.

• 10:50 AM

  Networking and coffee break: Q&A ‘Ask the Experts’ breakout

  Have a question or comment for our panel of employment law experts? Join this short question and answer session to hear the answers to your most important HR and employment law queries. 

• 11:25 AM

  Case study: Accommodation in the workplace – Managing the impact of mental and physical health issues on the business

  Increasing long-term health issues, such as Long COVID and stress-related burnout, are having a measurable impact on workplaces. Employers need to balance employee accommodation requirements with the impact on the organization, factoring in reduced productivity or conflict with other staff members caused by stress. This session will look at employers’ legal obligations, and how they can support employees while still meeting the needs of the business.   

  • Understanding an employer’s duty to accommodate and knowing the limits  
  • Best practices for managing episodic leave and a review of recent cases and decisions  
  • How to re-integrate employees on return from extended leaves of absence 
  • Factoring the Accessibility Act into employee accommodation 

  

  Natalia Tzemis

  Lawyer
  Harris & Company LLP

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  Natalia Tzemis

  Lawyer
  Harris & Company LLP

  Natalia’s practice is focused on employment and labour matters and commercial litigation. She represents and advises clients on a wide range of employment and labour matters, including wrongful dismissal, postemployment competition by former employees, employment standards, and human rights violations. Her practice includes providing advice on employment and labour aspects of corporate transactions. In commercial litigation proceedings, Natalia represents clients in contract disputes, complex tort claims and various other commercial issues.

  Natalia provides insightful and strategic advice to clients and works to resolve disputes efficiently. As an advocate, she is ready to proceed to a hearing or trial when in her client’s best interest. Natalia has trial experience and has appeared before the Supreme Court and Provincial Court of British Columbia, Federal Court, and a variety of administrative tribunals.

  Natalia volunteers at the Summary Advice Clinic with Access Pro Bono where she advises low and modest-income individuals on a variety of legal issues. She serves as a member of various professional organizations and isan executive member of the Canadian Bar Association – Employment Law Section.

  

  Abigail Owen

  Associate
  Harris & Company LLP

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  Abigail Owen

  Associate
  Harris & Company LLP

  Abigail acts for and advises clients on employment, labour, and civil litigation matters. She additionally practices in the areas of administrative and constitutional law.

  Abigail has appeared before the Provincial Court of British Columbia and has assisted with matters before the Supreme Court of British Columbia, the British Columbia Court of Appeal, and the Supreme Court of Canada.

  Prior to completing her articles with the firm, Abigail received her Juris Doctor from the Peter A. Allard School of Law at the University of British Columbia in 2021. While attending law school, Abigail was a student clinician at Rise Women’s Legal Center where she represented self-identifying women in family law and immigration matters. She was also a student ambassador and a twice-elected member of the UBC Law Students’ Society. In recognition of her legal aptitude and academic excellence, Abigail received the Fasken Martineau DuMoulin LLP A.J. McClean Prize in Trusts.

• 12:00 PM

  Case study: An update on OHS legislation and a review of key WCB cases 

  Changing health and safety legislation is at the top of many employers’ lists of challenges and concerns. More than ever, employers need to be aware of their changing OHS responsibilities and increasing penalties for non-compliance. This session will help employers stay on top of new OHS legislation and review recent WCB decisions on disability management, accidents, and injuries.  

  • Knowing your responsibility to report incidents and support investigations  
  • Following OHS codes to avoid unsafe work refusals 
  • Understanding your legal obligations to subcontractors  

  

  Paul D. McLean

  Partner
  Mathews, Dinsdale & Clark LLP

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  Paul D. McLean

  Partner
  Mathews, Dinsdale & Clark LLP

  A Partner in the Vancouver office of Mathews Dinsdale LLP, Paul has been helping employers across Western Canada resolve workplace law problems for over twenty-five years. 

  Recognized as a leading practitioner by Best Lawyers and Lexpert, Paul provides strategic counsel to clients concerning employment litigation, occupational health and safety, human rights, labour injunctions,

  workplace class actions and executive compensation issues. Like many lawyers, he frequently finds himself in court or before administrative tribunals and arbitrators.

  When not attempting to stop pucks as a beer league goalie, Paul lectures as an Adjunct Professor at the UBC Faculty of Law, where he teaches employment law. 

• 12:30 PM

  Lunch break

• 1:00 PM

  Case study: Integrating best practices for workplace investigations

  Incidences of discrimination, harassment, and bullying have continued to rise post-pandemic, and employers need to ensure that they can deliver a rapid response to incidents. This case study will provide an update on how to handle investigations, and ensure a thorough, impartial approach to dealing with the problem. 

  • Guidelines for investigating incidents and reports of bullying and harassment among hybrid and in-office workers 
  • Who should carry out investigations? Should the investigator be in-house or outsourced? 
  • Best practices for conducting investigations into emails, IM histories, and social media 

  

  Jeff Bastien

  Counsel
  Dentons Canada LLP

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  Jeff Bastien

  Counsel
  Dentons Canada LLP

  Jeff Bastien is counsel in the Employment and Labour group in the Dentons Vancouver office.  Jeff primarily works with employers to provide assistance and advice navigating legal matters related to their workplace.  As a member of Dentons’ Canada-wide Workplace Investigations group, Jeff also conducts workplace investigations and advises clients with respect to their own internal investigations.

• 1:35 PM

  Panel: How to handle challenging constructive dismissal cases in your organization 

  Constructive dismissals can be a lengthy and difficult process for many organizations, and in some cases, they can drag on for extended periods. This session will look at steps employers can take to better protect themselves throughout the termination process and avoid higher severance payments and potential damages due to legal oversights. 

  • An overview of recent constructive dismissal cases and decisions 
  • Strategies for navigating or avoiding drawn out appeal processes 
  • Guidelines for managing termination of older employees without age discrimination 

  Moderator

  

  Jennifer Fantini

  Partner
  Bordner Ladner Gervais LLP

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  Jennifer Fantini

  Partner
  Bordner Ladner Gervais LLP

  Jennifer practices in the areas of labour relations and employment law. Within her practice, she advises public and pivate sector employers with respect to:

  • employee discipline and termination
  • wrongful dismissal
  • employment policies and contracts
  • employment standard
  • human rights issues

  She has special interest and expertise in constructive dismissal law.

  Jennifer also represents both employers and employee in wrongful dismissal and related civil litigation (at various levels of court), and appears on behalf of clients before different administrative tribunals and labour relations boards.

  Jennifer also conducts client training on a a variety of labour and employment issues. She represents unionized emploiyers in collective agreement negotiations and arbitrations.

  Prior to joining the Vancouver office, Jennifer practices at BLG’s Toronto office for 15 years.

  Panelists

  

  Dianne Rideout

  Partner
  McMillan LLP

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  Dianne Rideout

  Partner
  McMillan LLP

  Dianne is a partner at McMillan LLP where she leads the Vancouver’s Employment and Labour Relations Group. Dianne Rideout regularly advises domestic and international clients in all aspects of the employment relationship, including provincial and federal employment law, hiring, discipline, termination, human rights, wrongful and constructive dismissals, and other employment related litigation. Dianne regularly acts for vendors and purchasers in connection with employment and labour implications arising from complex corporate transactions. 

  An experienced litigation lawyer, Dianne has appeared at all levels of court in British Columbia, as well as the Supreme Court of Canada. She also represents clients at administrative hearings before the Workers’ Compensation Appeal Tribunal, the Employment Standards Tribunal and the Human Rights Tribunal. 

  

  Paul D. McLean

  Partner
  Mathews, Dinsdale & Clark LLP

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  Paul D. McLean

  Partner
  Mathews, Dinsdale & Clark LLP

  A Partner in the Vancouver office of Mathews Dinsdale LLP, Paul has been helping employers across Western Canada resolve workplace law problems for over twenty-five years. 

  Recognized as a leading practitioner by Best Lawyers and Lexpert, Paul provides strategic counsel to clients concerning employment litigation, occupational health and safety, human rights, labour injunctions,

  workplace class actions and executive compensation issues. Like many lawyers, he frequently finds himself in court or before administrative tribunals and arbitrators.

  When not attempting to stop pucks as a beer league goalie, Paul lectures as an Adjunct Professor at the UBC Faculty of Law, where he teaches employment law. 

  

  Paul M. Pulver

  Partner
  Pulver Crawford Munroe LLP

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  Paul M. Pulver

  Partner
  Pulver Crawford Munroe LLP

  Paul received his B.A. in Economics from McGill University in 1991 and his LL.B. from the University of British Columbia in 1994. After articling with a large Vancouver law firm, he was called to the B.C. Bar in 1995.

  Paul acts for a wide variety of employers and employees in the private and public sectors. He has appeared as counsel before various courts and administrative tribunals, including the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Trial Court and Court of Appeal, the B.C. Labour Relations Board, the Canada Industrial Relations Board, the B.C. Employment Standards Tribunal, the B.C. Human Rights Tribunal, and arbitration and regulatory boards.

  Paul has written several articles on labour relations, employment and sports law matters, and is an entertaining speaker on those subjects at Continuing Legal Education, B.C. Human Resources Management Association and other seminars, and on various media platforms.

• 2:20 PM

  Closing remarks