Employment Law 101
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. Attendees 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.
Who should attend?
Builders or other designated employee in a residential construction organization who is responsible for human resource management, policies and worker safety. This is a basics course designed to highlight key employment law issues and considerations for worker safety policies for the building industry in a non-union workplace.
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.
Open to all HAVAN members: builders, renovators, and suppliers.
Andrew D. Delmonico, Partner, Kuhn LLP
Andrew is a partner with Kuhn LLP. He has experience representing clients in a variety of litigation matters before the Provincial Court, Supreme Court, and Court of Appeal of British Columbia. Andrew’s practice is primarily focused on business litigation, and he has assisted clients in resolving a broad range of issues, including those relating to contracts, construction, builders’ liens, employment, debt collection, and shareholder and partnership disputes. Andrew also assists clients in preparing and revising contracts, including drafting and advising on construction contracts and contracts of employment.
Andrew has regularly written articles for publication in the field of construction law. Andrew volunteers his time as a Board Member with the Canadian Home Builders’ Association – Fraser Valley, and is an instructor for the Construction Law course provided through the Canadian Home Builders’ Association of British Columbia.
Andrew lives in Abbotsford with his wife and children.