Employment Law Conference 2022: Day 1

Course Chairs
Valerie Dixon (she/her) — 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, Canada and, also, Who's Who Legal, Labour, Employment and Benefits.  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
William (Bill) C. Boyte (he/him) — General Counsel and University Secretary, Vancouver Island University, Nanaimo
Sara Forte (she/her) — Forte Workplace Law, Surrey
Natasha Jategaonkar (she/her) — Mathews, Dinsdale & Clark LLP, Vancouver
Simon Kent (he/him) — Kent Employment Law, Vancouver
Preston Parsons (he/him) — Overholt Law LLP, Vancouver
Supriya Routh — University of Victoria - Faculty of Law, Victoria
Kelly E. Slade-Kerr (she/her) — HHBG Employment Lawyers, Surrey
Nicole C.M. Toye (she/her) — Harris & Company LLP, Vancouver

Faculty
David M. Brown — Ascent Employment Law, Kelowna
Maggie Campbell (she/her) — Roper Greyell LLP, Vancouver
Blair W. Curtis — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Kara Ellison (she/her) — Pihl Law Corporation, Kelowna
Sara Forte (she/her) — Forte Workplace Law, Surrey
Jessie K. Hadley (she/her) — Forte Workplace Law, Surrey
Kirsten Hume Scrimshaw (she/her) — Ally Workplace Law, North Vancouver
Eleni Kassaris (she/her) — Dentons Canada LLP, Vancouver
Linette Lubke (she/her) — Miller Titerle Law Corporation, Vancouver
Matthew E. McCarthy — Harris & Company LLP, Vancouver
Ryley M. Mennie (he/him) — Miller Titerle Law Corporation, Vancouver
Victoria Merritt (she/her) — Ascent Employment Law Corporation, Vancouver
Nazeer T. Mitha, KC — Mitha Law Group, Vancouver
Parmvir Padda — PortaLaw Corporation, Vancouver
Sean T. Pihl, KC (he/him) — Pihl Law Corporation, Kelowna
Justin D. Wong — Roper Greyell LLP, Vancouver
Jim Wu (he/him) — Forte Workplace Law, Surrey
Fred Wynne (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Andrea C. Zappavigna (she/her) — Ally Workplace Law, North Vancouver

Click here for full faculty bios

Day 1: Thursday, May 5, 2022

Welcome and Land Acknowledgement (9:00 – 9:10)

Employment Law and COVID-19 (9:10 – 10:35)

Kara Ellison (she/her) — Pihl Law Corporation, Kelowna
Eleni Kassaris (she/her) — Dentons Canada LLP, Vancouver
Parmvir Padda — PortaLaw Corporation, Vancouver
Sean T. Pihl, KC (he/him) — Pihl Law Corporation, Kelowna

BREAK (10:35 – 10:50)

The Return to a "Post-normal" Workplace (10:50 – 11:25)

• current provincial/federal legislative issues around flexible work options
• occupational health and safety obligations
• the right to disconnect, including Ontario's recently proposed legislation and insights from international jurisdictions
• monitoring and evaluating performance and workplace conduct at home
• privacy and tech issues in a remote workplace

Linette Lubke (she/her) — Miller Titerle Law Corporation, Vancouver
Ryley M. Mennie (he/him) — Miller Titerle Law Corporation, Vancouver

Update on Restrictive Covenants—Drafting and Enforcement (11:25 – 12:15)

• review of recent BC case law with respect to restrictive covenants—notably non-competition and non-solicitation clauses
• effect of the increased reliance on remote work and globalized business models on restrictive covenants
• future of restrictive covenants in Canada given developments in other provinces
• practical implications for employer and employee counsel

Blair W. Curtis — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver
Matthew E. McCarthy — Harris & Company LLP, Vancouver  

LUNCH (12:15 – 1:05)

Mediation of Employment Law Disputes (1:05 – 1:55)

• what is mediation
• barriers to mediation
• benefits of mediation
• mediation strategy

Sara Forte (she/her) — Forte Workplace Law, Surrey
Jessie K. Hadley (she/her) — Forte Workplace Law, Surrey
Nazeer T. Mitha, KC — Mitha Law Group, Vancouver

After-acquired Evidence/Cause (1:55 – 2:30)

• review of case law regarding the doctrine of after-acquired cause
• whether after-acquired cause/evidence is consistent with the employer's obligations to terminate in good faith and with honesty
• discussion of whether an employer who terminates an employee for cause can rely on evidence uncovered post-termination to bolster existing grounds or formulate new grounds of just cause OR are employers restricted to only those grounds and evidence they uncovered before or during the time of termination

Justin D. Wong — Roper Greyell LLP, Vancouver
Jim Wu (he/him) — Forte Workplace Law, Surrey

BREAK (2:30 – 2:45)

Update on Procedural Fairness in Investigations and Terminations (2:45 – 3:40)

• what is the content of the law on procedural fairness?
• what is the content of the law on good faith?
• how do these reconcile? 
• how are things currently being addressed and is it time for a new approach?

David M. Brown — Ascent Employment Law, Kelowna
Victoria Merritt (she/her) — Ascent Employment Law Corporation, Vancouver
Kirsten Hume Scrimshaw (she/her) — Ally Workplace Law, North Vancouver
Andrea C. Zappavigna (she/her) — Ally Workplace Law, North Vancouver

Employer Counsel vs. Employee Counsel Debate: Be It Resolved that Termination Provisions Providing for "Notice or Pay in Lieu of Notice in Accordance with the Employment Standards Act" Should (Or Should Not) Oust the Common Law Presumption of Reasonable Notice (3:40 – 4:30)

Maggie Campbell (she/her) — Roper Greyell LLP, Vancouver
Fred Wynne (he/him) — Tevlin Gleadle Curtis Employment Law Strategies, Vancouver