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…