Course Description

This course will be especially beneficial to builders and other residential construction industry companies that do not have a formal Human Resource Department.

Whether you have one employee or hundreds, understanding the impact of the Employee Standards Act is key to mitigating risk, ensuring your company’s financial health, and the safe management of your employees, especially your onsite workers. Participants will learn practical advice on how to create best practices regarding employment law in order to reduce potential liability and ensure proper compliance.

There will also be important discussion surrounding worker safety, and employer obligations and company policies when it comes to substance use by workers on the jobsite. Provincial statues such the Workers Compensation Act and the Occupational Health and Safety Regulation have specified constraints on the impairment of workers, and the legalization of cannabis doesn’t change this requirement, but builders need to ensure they have and enforce policies and procedures to mitigate any potential risks caused by a worker under the influence.
Key learning objectives:
• Hiring - discrimination, BC Human Rights Code
• Contracts - essential elements, specific terms and termination
• Understanding obligations set in the Employment Standards Act
• Complying with Occupational Health and Safety Regulation guidelines surrounding worker protection and impairment, but navigating human rights considerations in reference to ‘duty to accommodate’
• Termination - with/without cause, methodologies, options, and specific exemptions in the construction industry
• Additional resources: WorkSafeBC’s Guide to Managing Workplace Impairment and Developing an Impairment Policy

Time will be dedicated to answering attendees' questions, so bring any queries you have to the session.

Thank you to our Sponsors:
Presenting Sponsor: FortisBC
Patron Sponsor: BC Housing 

This course is not approved for CPD Credits.

Matthew Potomak, Associate, Kuhn LLP

Matthew is an associate with Kuhn LLP, and was called to the British Columbia bar in 2018. Matthew’s practice focuses on a broad array of litigation matters ranging from employment issues to complex construction and commercial disputes. Matthew is a passionate advocate for his clients. He has appeared before the British Columbia Court of Appeal, Supreme Court, Provincial Court, and various administrative tribunals. He has also represented clients in mediation and continues to develop his alternative dispute resolution practice. Born and raised in the Fraser Valley, Matthew has always maintained a focus on athletics. This has contributed to a strong work ethic, focus and drive that Matthew now brings to his legal practice. Outside of work, Matthew enjoys travelling to new places, spending time with his family and rooting for his favorite Seattle sports teams.

Course curriculum

  • 1

    Chapter 1

    • Before You Get Started

    • Agreement to HAVAN Academic Integrity Policy

    • Part 1

  • 2

    Chapter 2

    • Part 2

  • 3

    Chapter 3

    • Part 3

  • 4

    Chapter 4

    • Part 4

    • Feedback