Archives

The Duty to Accommodate and Returning to Work – An Overview

September 30, 2014

The nature of the Duty to Accommodate and legal requirements to satisfy it continue to develop...

Technology in the Workplace, Social Media and the Investigation of Complaints

May 11, 2013

Technology in the Workplace, Social Media and the Investigation of Complaints...

Bill 34 - The New Limitation Act: Significant Changes and Transition Issues Explained

May 9, 2013

New Limitation Act Presentation

Enforcement of the Workers' Compensation Act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Law

May 1, 2013

Enforcement of the Workers' Compensation Act, Bill C-45, and Safe Practices in the Workplace: An Update in the Development of the Law...

R. v Cole and The Diminished Right to Privacy

March 25, 2013

Social Media and the Workplace

October 25 – 27, 2012

Labour and Employment Issues for Commercial Lawyers

October 15 - 16, 2012

Defending Claims In Different Fora: The Competing Jurisdiction Of Arbitrators And Tribunals In British Columbia

DANA F. HOOKER & CARMAN J. OVERHOLT

It has long been recognized that an essential element in protecting human rights was a widespread knowledge among the population of what their rights are and how they can be defended." Boutros Boutros-Ghali, Sixth UN Secretary-General, 1992-1996...

I. INTRODUCTION

Human rights claims arise in a number of situations,...

Diversity And Professionalism In The Practice Of Law

CARMAN J. OVERHOLT

I. INTRODUCTION

As I approach my 25th anniversary of being called to the British Columbia bar, I increasingly reflect on the journey to this point in my career as a lawyer. I am very grateful to the many teachers, mentors, judges, tribunal members, clients, colleagues, friends, and family who have contributed to...

Attendance management as a method of disability management: the value and limitations

January, 2006

Employers are well-aware of the challenges arising from the application of the duty to accommodate. Those challenges are made all the more difficult by recent developments in the case law, particularly in the area of chronic innocent absenteeism. Absenteeism is either culpable or innocent. Culpable absenteeism refers to absences for which the employee is responsible...

Employer Rights and Obligations in Connection with Employee Personal Medical Information

November 2010

Requesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety. Employers are legally responsible for maintaining a healthy and safe workplace while at the same time managing their business in accordance with human rights and privacy legislation. Managing a business involves dealing with Employees who are disabled...