Employment Law Conference 2021

Course Chairs
Valerie Dixon — City of Vancouver, Vancouver
James D. Kondopulos — Roper Greyell LLP, Vancouver

About the Course Chairs
Valerie Dixon is a lawyer in the City of Vancouver's Law Department and practices exclusively in the areas of labour, employment, and human rights. Prior to joining the City, Valerie spent 14 years in private practice, first at Clark Wilson LLP and later at Miller Thomson LLP. Valerie has acted for a variety of employers, unionized and non-unionized, from small businesses to international corporations, health authorities and municipalities. In addition to appearances before all levels of court in BC, Valerie has acted as counsel in the Supreme Court of Canada and represented clients before various administrative tribunals.

James Kondopulos is a founding member and partner (practising through a law corporation) at the employment and labour law boutique of Roper Greyell LLP. He is frequently recommended as a strong advocate and has represented employers and senior employees before all levels of court and a wide range of workplace-related administrative tribunals in BC. James was named one of Canada's leading lawyers under 40 by Lexpert. He is ranked as a leading employment lawyer in the Canadian Legal Lexpert Directory. He has been repeatedly recognized as a leader in the area of employment and labour law and is listed in Chambers Canada, Best Lawyers International, Best Lawyers in Canada, and also in Who's Who Legal in the Labour, Employment and Benefits ares. James spends most of his time outside work with his wife and their three beautiful children. He is a past Director and Vice-Chair of the children's charity, Make-A-Wish BC & Yukon.

Planning Committee
Gwendoline Allison — Foy Allison Law, West Vancouver
Matthew Cooperwilliams — Cooperwilliams Law, Vancouver
Laurel Courtenay — Ministry of the Attorney General, Legal Services Branch, Vancouver
Sara Forte — Forte Law Corporation, Surrey
Nicole R. Howell — HHBG Employment Lawyers, Vancouver
Eleni Kassaris — Dentons Canada LLP, Vancouver
Simon Kent — Kent Employment Law, Vancouver
David D. McWhinnie — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Professor Kenneth Thornicroft — Peter B. Gustavson School of Business, UVic, Victoria

Faculty
D. Michael Bain, QC — HHBG Employment Lawyers, Vancouver
Steven R. Barker — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Jeffrey Bastien — Dentons Canada LLP, Vancouver
Taylor Buckley — Dentons Canada LLP, Vancouver 
Maggie Campbell — Roper Greyell LLP, Vancouver
Laura DeVries — McCarthy Tétrault LLP, Vancouver
Amy Frankel — Forte Law Corporation, Surrey
Michael Jones — HHBG Employment Lawyers, Surrey
Fiona H. McFarlane — Kent Employment Law Corporation, Vancouver
Tamara Navaratnam — Roper Greyell LLP, Vancouver
Jennifer O’Rourke — BC Labour Relations Board and Employment Standards Tribunal, Vancouver
Donovan G. Plomp — McCarthy Tétraul LLP, Vancouver
Martin Sheard — Inlet Employment Law, Vancouver
Lindsey Taylor — lululemon athletica inc., Vancouver
Laura Track — Community Legal Assistance Society, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:05)

Valerie Dixon — City of Vancouver, Vancouver
James D. Kondopulos — Roper Greyell LLP, Vancouver

Resignation; Why So Difficult? (9:05 – 9:50)

• the test for determining whether an employee has resigned and a review of recent decisions
• whether and in what circumstances, an employee may retract their resignation
• good faith and resignations
• the circumstances in which an employees is obliged to accept an offer of re-employment to mitigate their damages when a resignation is alleged to be a termination

Laura DeVries — McCarthy Tétrault LLP, Vancouver
Donovan G. Plomp — McCarthy Tétraul LLP, Vancouver

Break (9:50 – 10:00)

Intersection of Human Rights and Employment Law (10:00 – 10:45)

• jurisdictional limits on employee claims
• potential contractual remedies
• the trend is upwards—recent awards in tribunal sexual harassment cases

Steven R. Barker — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Fiona H. McFarlane — Kent Employment Law Corporation, Vancouver
Laura Track — Community Legal Assistance Society, Vancouver

Break (10:45 – 10:55)

Employment Standards Update (10:55 – 11:25)

Jennifer O’Rourke — BC Labour Relations Board and Employment Standards Tribunal, Vancouver

Break (11:25 – 11:35)

Incentive Compensation: Design, Drafting, and a Discussion of Mathews v. Ocean Nutrition Canada Ltd., 2020 SCC 26 (11:35 – 12:20)

• an overview of incentive compensation designs, including employment, tax and securities issues
• incorporating incentive compensation into employment agreements
• the treatment of incentive compensation awards upon termination, including a discussion of the Supreme Court of Canada's decision in Matthews

Taylor Buckley — Dentons Canada LLP, Vancouver  
Martin Sheard — Inlet Employment Law, Vancouver

Lunch (12:20 – 12:50)

The Inside View—In-house Counsel's Top 10 List for Employment Counsel (12:50 – 1:35)

• insights and practice tips for plaintiff and employer-side counsel from the vantage point of an employer's legal department
• hear about the good, the bad and the ugly when it comes to in-house counsel's experiences with employment lawyers
• topics will include client relations, negotiation strategy, billing practices, and more

Amy Frankel — Forte Law Corporation, Surrey
Lindsey Taylor — lululemon athletica inc., Vancouver

Break (1:35 – 1:45)

Director and Officer Personal Liability and Statutory Exemptions (1:45 – 2:30)

• overview of director and officer personal liability for wages and other employment liabilities
• managing personal liabilities in the face of contemplated receivership or insolvency proceedings
• the importance of timing in relation to statutory exemptions from personal liability under the Employment Standards Act
• enforcement-related matters

Jeffrey Bastien — Dentons Canada LLP, Vancouver

Break (2:30 – 2:40)

Transition Back to Normal: Employer and Employee Rights in the Post-pandemic World (2:40 – 3:25)

D. Michael Bain, QC — HHBG Employment Lawyers, Vancouver
Maggie Campbell — Roper Greyell LLP, Vancouver
Michael Jones — HHBG Employment Lawyers, Surrey
Tamara Navaratnam — Roper Greyell LLP, Vancouver

Closing Questions and Comments (3:25 – 3:30)

Valerie Dixon — City of Vancouver, Vancouver
James D. Kondopulos — Roper Greyell LLP, Vancouver