Annual Report 2017/2018

  • July 05, 2018

Summary of Meetings: Labour Law

Number of Meetings Held: 5

November 02, 2017
Guest Speaker: Jacquie de Aguayo, Acting Chair, Labour Relations Board, and Diana Juricevic, Chair, BC Human Rights Tribunal & BC Mental Health Review Board
Meeting Title/Topic: Pintea v. Johns, Self-represented Litigants, and Tribunals
Synopsis:Overview on the particular challenges faced by the BC Labour Relations Board and the BC Human Rights Tribunal regarding self-represented litigants and the implications of Pintea v. Johns, including any changes to tribunal practice being considered.

December 12, 2017
Guest Speaker: Rosalie Cress, Charles Gordon, Craig Munroe, Sam Black
Meeting Title/Topic: Ethical Issues in the Practice of Labour Law
Synopsis:Topics included ethical issues in settling grievances; Challenges and professional obligations faced by both employer and union counsel when only the Grievor disagrees with the path towards resolution of a dispute; Obligations of counsel towards other counsel across the lifespan of a file; Key issues in identifying and representing your "true" client.

January 12, 2018
Guest Speaker: William Clements, Koskie Glavin Gordon, Nazeer Mitha, Harris & Company LLP, and Bradley Weldon, Office of the Information & Privacy Commissioner
Meeting Title/Topic: Issues in Privacy: When are the Employer's Records Considered Personal Information?
Synopsis:In a recent series of arbitration decisions, culminating in Zellstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1, [2017] B.C.C.A.A.A. No. 53, an arbitrator did not admit the employer's "swipe card" records, which were relied on in order to prove the employee had been engaging in time theft. The arbitrator reasoned that the records of when employees came and left the building were actually personal information which was collected and relied on contrary to PIPA. This decision raises important questions for employer and union counsel alike: namely, what actually constitutes personal information, what are employers’ obligations in collecting and using this information, and when might what are ostensibly the employer's own records actually constitute personal information for the purposes of FOIPPA and PIPA?

April 11, 2018
Guest Speaker: Corinn Bell, Mediation & Arbitration Offices David C. McPhillips, David C. McPhillips Law Corporation
Meeting Title/Topic: Arbitration & Mediation - Practical Tips for Effective Advocacy
Synopsis:Presented best practices for effective advocacy both inside and outside of a hearing. Topics included addressing evidentiary issues and preliminary matters, dealing with laypersons as advocates in arbitration hearings, and using mediation to come to resolution in advance of scheduled hearing dates. Addressed the practical matters that arise in getting to hearing, such as timelines, preparation, and communication with opposing counsel.

June 06, 2018
Guest Speaker: The Labour Relations Code Review Panel: Mike Fleming, Sandra Banister, and Barry Dong
Meeting Title/Topic: Consultation Meeting with the Labour Relations Code Review Panel
Synopsis:The Panel met to consult with members of the CBABC Labour Law Section in order to provide a report to the Minister including any recommendations for changes to the Code that the Panel sees as being appropriate considering the terms of reference.

Comments and Observations of the Chair