Employment Law Conference 2024: Day 2

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)

Faculty
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

• 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