Welcome (9:00 – 9:05)
Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver
The Injured Workers' Return to Work and WorkSafeBC's Vocational Rehabilitation (9:05 – 9:55)
- overview of WorkSafeBC's claim adjudication for injured workers whose disability resolves or remains permanent after it reaches a plateau with emphasis on returning to work
- "selective/light employment" options for workers deemed temporarily disabled under WorkSafeBC's policy (WCAT-2008-00584: factors to be considered when determining whether it is unreasonable for a worker to refuse selective light employment); discuss the financial benefits of providing "selective/light employment" for employers
- vocational rehabilitation: return to work with the employer in an alternate job (gradual return to work plans, modified duties, etc.)
- vocational rehabilitation: identify a suitable return to work goal for employment with a new employer in the same or related industry
- vocational retraining in an alternate career
- Bill 41's mandate on an injured worker's return to the workplace: reciprocal duty to cooperate between the worker and employer and the employer's duty to maintain employment for injured workers
- employer responsibility to adhere to the BC Human Rights Code while engaged with WorkSafeBC and an injured worker's return to work
- status update on ICBC's "No Fault" impact on WorkSafeBC claims
Christopher Drinovz (he/his) — KSW Lawyers, Surrey
Alejandra (Ale) Henao — KSW Lawyers, Surrey
BREAK (9:55 – 10:10)
Contracts "with Benefits": There Are Always "Strings Attached" (10:10 – 11:00)
- key things every policyholder (employer) should know about their group benefits policy
- considerations in administering group benefit plans
- at the start of employment
- when an employee goes on disability leave
- when employment ends
- overlap between statutory benefits and private benefits (WorkSafe, EI, Pensions)
Sarah Hentschel — Watson Goepel LLP, Vancouver
Graham Nattress (he/him) — Overholt Law LLP, Vancouver
Serving the Cause of Justice: Addressing Issues of Race and Culture in Employment Law (11:00 – 12:00)
- anti-racism
- how do we assist our clients with workplace issues related to race/culture?
- what are our obligations to ourselves?
- what are our obligations as employees or partners in law firms?
Anita Atwal (she/her) — Anita Atwal Law Corporation, Surrey
Pamela Costanzo (she/her) — Roper Greyell LLP, Vancouver
Greg Heywood (he/him) — Roper Greyell LLP, Vancouver
LUNCH with Featured Speaker: Class Actions and the Hostile Workplace: Lewis v. Westjet Airlines Ltd., 2022 BCCA 145 (at 1:00) (12:00 – 1:45)
- hostile workplaces and the Bhadauria/Honda Doctrine (i.e., should a tort of "discrimination" be recognized?)
- circumventing the Bhadauria/Honda Doctrine
- can human rights complaints effectively address hostile workplaces?
- reimagining hostile workplace claims as breach of contract claims (Lewis v. Westjet)
- practical problems with the Lewis v. Westjet approach
- what about unionized workplaces? (Northern Regional Health Authority v. Horrocks, 2021 SCC 42)
Professor Kenneth Thornicroft — Peter B. Gustavson School of Business, UVic, Victoria
Update from the Director of Employment Standards (1:45 – 2:35)
Michael Thompson — Decision Maker/Team Leader, Ministry of Labour – Employment Standards Branch, Richmond
Mary Walsh — Executive Director, Ministry of Labour – Employment Standards Branch, Richmond
BREAK (2:35 – 2:50)
Spicier than Your Average Peppercorn: Update Regarding Applicable Legal Principles and Case Law Respecting Consideration and Other Issues Surrounding Entering Into Amended Employment Agreements (2:50 – 3:40)
- brief overview of the history of the law of consideration both generally and in the employment context
- recent developments with respect to consideration in the employment context, including regarding contractual amendments, good faith and fairness of contractual bargains/unconscionability, and "sufficiency" of consideration
- recent developments regarding entering into new/amended employment agreements
- overview of strategies to increase the likelihood that changes to an employment agreement will be enforceable
Kimberly Gosel — Borden Ladner Gervais LLP, Vancouver
Samantha Stepney — Borden Ladner Gervais LLP, Vancouver
Case Law Update (3:40 – 4:40)
Erin Brandt (she/her) — PortaLaw Corporation, Vancouver
James Hsu (he/him) — PortaLaw Corporation, Vancouver
Gradin D. Tyler (he/him) — Mathews, Dinsdale & Clark LLP, Vancouver
Cameron R. Wardell (he/him) — Mathews, Dinsdale & Clark LLP, Vancouver
Closing Comments (4:40 – 4:45)
Valerie Dixon (she/her) — City of Vancouver, Vancouver
James D. Kondopulos (he/him) — Roper Greyell LLP, Vancouver