Labour & Employment Law Conference Friday, March 11, 2011 Four Seasons Hotel 791 West Georgia Street Vancouver, British Columbia

Transcription

1 Labour & Employment Law Conference 2011 Friday, March 11, 2011 Four Seasons Hotel 791 West Georgia Street Vancouver, British Columbia

2 Randy Bauslaugh Lawyer Profile TITLE Partner OFFICE Toronto DIRECT LINE LAW SCHOOL Osgoode Hall, LLB, 1981 BAR ADMISSIONS Ontario, Biography Randy Bauslaugh is a partner in our Pensions, Benefits and Executive compensation Group in Toronto. His practice is focussed on pensions, benefits, executive compensation and related investment arrangements. Mr. Bauslaugh has advised on numerous pension plan restructurings, wind-ups and surplus distributions. His clients include corporations, boards of trustees of multi-employer plans, individuals and Canadian and foreign governments. Mr. Bauslaugh is chairperson of the International Pension and Employee Benefits Lawyers Association and a member of the editorial advisory board of Benefits and Pensions Monitor. He is also a member of the MEPP (multi-employer pension plan) Consultation Committee of the Financial Services Commission of Ontario, Canadian Bar Association, Ontario Bar Association, Canadian Pension and Benefits Institute and the Association of Canadian Pension Management. Randy is listed in the Canadian Who's Who, and cited in Chambers Global: The World's Leading Lawyers for Business, The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, and The Best Lawyers in Canada in the area of pensions and benefits law. He is cited in The Canadian Lexpert Legal Directory as a "most frequently recommended" practitioner in pensions and employee benefits and in the Federated Press Directory of Professionals as a "distinguished contributor." He is recognized in International Who s Who Legal in the area of management labour and employment, and enjoys the highest rating granted to lawyers for professional competence and integrity in the Martindale-Hubbell legal directory. Mr. Bauslaugh was the keynote speaker on Pension Fund Provision and Reform at the 2nd Annual Retirement Reforms Southern Africa 2010 Conference in Johannesburg, South Africa, October More recent speaking engagements include Protect Your Client, Protect Yourself: Managing Legal Risk and Expectation at the Caribbean Actuarial Association Annual Conference in Bridgetown, Barbados, December 2, 2010, and Critical Legal Developments Concerning Multi-Employer Pension Plans (MEPPs), at the Canadian Institute s Advanced Forum on Pension Reform, Litigation & Governance" in Toronto, January 25, 2011.

3 2 Randy Bauslaugh Lawyer Profile Mr. Bauslaugh obtained a BA from the University of Waterloo in 1977 and his LLB from Osgoode Hall Law School in He was called to the Ontario bar in 1983.

4 Michael Droke Speaker Profile Partner, Labor and Employment Co-Department Head Dorsey & Whitney LLP Columbia Center 701 Fifth Avenue Suite 6100 Seattle, WA (206) : phone (206) : fax droke.michael@dorsey.com Biography Mr. Droke is a partner and the Labor and Employment Co-Department Head. He is also co-chair of the Computer Fraud and Abuse Practice Group, and member of the Privacy Practice Group, Executive Compensation Team, and Electronic Discovery Practice Group. He is currently the Partner-in-Charge of LegalMine, Dorsey's state-of-the-art document review service. He was Dorsey & Whitney Partner of the Year in CAPABILITIES Litigation Defense And Dispute Resolution: defend technology, financial, manufacturing, agricultural, and other employers in litigation involving claims of wrongful discharge, discrimination, disability rights, harassment, wage and hour claims (including commission pay), non-competition violations and trade secret violations. Successfully resolve lawsuits effectively and efficiently, consistent with the employer's strategic objectives. Preventative Counseling: regularly advise employers on practical, thorough compliance with employment and labor law, with a focus on employers' operational and strategic needs. Provide strategic advice and operational expertise to clients in support of their strategic direction. Substantive legal issues include sexual and other harassment, employment termination, executive compensation, family and medical leaves of absence, and workplace restructuring (mergers, acquisitions and mass layoffs). Union-Management Relations: Chief negotiator for numerous collective bargaining agreements. Successfully obtained several mass picketing injunctions, defended arbitrations, and advised employers on NLRA compliance during strike to avoid 8(a)(5) and 8(a)(3) charges. Employment Law Training: provide management training on all aspects of employment law, including managing within the law, fundamentals of effective leadership, sexual harassment prevention and response, leaves of absence, and termination without liability.

5 2 Michael Droke Speaker Profile REPRESENTATIVE LITIGATION Lead counsel in wage and hour misclassification class action Successfully obtained summary judgment on appeal on all claims related to a Top Hat ERISA plan (Sznewajs v. U.S. Bancorp, Ninth Circuit Case # ) Successfully defended former software company executive in non-competition claim Lead counsel in trade secrets and non-competition claim; successfully defended against preliminary injunction and TRO Lead counsel in multi-million dollar retaliation, public policy wrongful discharge and commission pay claim against large international professional services company Lead counsel in age discrimination lawsuit against national bank; summary judgment obtained Lead counsel in race and national origin claim against national bank; summary judgment obtained Lead counsel in disability discrimination lawsuit against national bank; coordinated settlement before discovery Lead counsel in multi-million dollar commission pay claim against financial services company; summary judgment affirmed on appeal Lead employment counsel for merger of two manufacturing companies Lead counsel for national retail chain in lawsuit alleging race and national origin harassment and discrimination; resolved before discovery Lead counsel for manufacturing company in lawsuit alleging disability discrimination and workers' compensation retaliation; resolved before answer filed Lead counsel for national services company in lawsuit alleging graphic sexual harassment and discrimination on the basis of gender; resolved before answer filed Lead counsel for manufacturing company in lawsuit alleging race and national origin harassment and discrimination; summary judgment obtained Lead counsel for telecommunications company in significant commission pay claim; successfully resolved before answer filed Lead counsel for services company in contractual binding arbitration brought by terminated employee claiming wrongful termination and discrimination; successfully resolved on eve of trial ADMISSIONS Washington California U.S. District Court for the Western District of Washington U.S. District Court for the Northern District of California U.S. Court of Appeals for the Ninth Circuit

6 3 Michael Droke Speaker Profile HONORS Named one of "America's Leading Business Lawyers" by Chambers USA, "The Best Lawyers in America" ( , peer rated) Peer-Rated AV (highest possible for legal skills and ethics) by Martindale Hubbell Named a "Super Lawyer" by Washington Law & Politics, 2003-present Named "Who's Who Among American Professionals" by Madison, 2006-present EDUCATION Santa Clara University School of Law J.D., 1992 summa cum laude Editor-In-Chief, Santa Clara Law Review University of California, Berkeley A.B., 1986 PROFESSIONAL ACTIVITIES Founding Member, The CHO Group, 2002-Present Founding Member and President, 1999 to Present, Association for Corporate Growth Founding Member, Board Member, President Elect, , Bainbridge Public Schools Trust Member, National Society of Human Resource Management and Northwest Human Resource Management Association PRESENTATIONS National Speaker: California Dreaming: Wage & Hour Pitfalls in the Gold Rush State, Upper Midwest Employment Law Institute, 2010 Securing Electronic Business Information: Do You Know What You May Be Missing?, Dorsey Symposium for Corporate Leaders, 2009 Keynote speaker, Society for Human Resource Management, Washington State Council, Legislative & Employment Law Conference, Employment Law for Managers, 2005 Human Resources Training Electronic Privacy and the Sarbanes Oxley Act, April 2004

7 4 Michael Droke Speaker Profile Executive Agreements In Uncertain Times, American Corporate Counsel Association and PricewaterhouseCoopers LLP General Counsel Forum, June 2003 Anatomy of An Employment Lawsuit and Keynote Speaker, 2002 Legislative & Employment Law Conference, NHRMA, March 2002 Dorsey & Whitney Breakfast Briefings: Preventing Wage and Hour Class Actions The Law of Unfair Competition and Trade Secrets Alternative Dispute Resolution: Pros and Cons Managing the Risk of Class Actions ATTORNEY ARTICLES Contractor or Employee: Washington Court Expands Rule, December 22, 2010 Employee vs. Independent Contractor : Understanding Labour Laws Can Help Companies to Make the Most of Labour Forces, November 9, 2010 Independent Contractor or Employee: Getting It Right Is More Important Now Than Ever Before, May 10, 2010 "Choosing an e-discovery Vendor: Ten Points to Consider", October 30, 2008 "Lowering the Data Risks Portability Poses," Law.com Legal Technology, January 16, 2007

8 Michael D.A. Ford Lawyer Profile TITLE Partner OFFICE Calgary DIRECT LINE LAW SCHOOL University of Alberta, LLB, 1984 BAR ADMISSIONS Alberta, 1986 Biography Michael Ford is a partner in our Labour and Employment Group in Calgary. Mr. Ford combines a labour law background with an extensive knowledge of human resources. Mr. Ford represents unionized employers in collective bargaining, arbitrations, strikes and contract administration, advising non-union employers on dealing with union organizational activity, counselling employers regarding employee discipline and termination, privacy issues, employment agreements, harassment/discrimination, drug testing policies, ill employees, and occupational and health matters. Mr. Ford counsels clients in the energy, manufacturing, warehousing, communications, retail, financial, transportation and high-tech industries, as well as major public sector institutions in the health and education fields. Mr. Ford has defended many employers in significant labour and employment cases involving provincially and federally regulated workplaces. Mr. Ford has been recognized by the 2010 Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, in the area of labour law. He is also listed in the 2010 edition of Chamber s Global: The World s Leading Lawyers for Business, as a leading lawyer in the area of Employment Law. The Canadian HR Reporter has also acknowledged him as one of Canada s top employment lawyers. Mr. Ford is a past President of the Human Resources Institute of Alberta and has been a sessional Instructor of the University of Lethbridge, Faculty of Management (Labour Relations). He is a member of the Canadian Industrial Relations Association, the Canadian Pensions and Benefits Institute, the Human Resources Committee of the Calgary Chamber of Commerce. Mr. Ford is a frequent speaker on topics including privacy, accommodation, grievances, wrongful dismissal, mergers and acquisitions and harassment at: The Canadian Institute, The Canadian Pensions & Benefits Institute, Infonex, Petroleum Services Association of Canada, Labour Arbitration Conference, Legal Education Society of Alberta, Insight Educational Services, Human Resources Association of Calgary and CBA Labour Law subsection.

9 2 Michael D.A. Ford Lawyer Profile Mr. Ford is a member of the Law Society of Alberta and the Canadian and Calgary Bar Associations. He is a member and former Chair of the Labour Law Subsection of the Calgary Bar Association (Southern Alberta) as well as the former Chairman of the Hospital Privileges Appeal Board of Alberta. Mr. Ford received his B.Comm. (Labour Relations) and LLB from the University of Alberta in 1984, and has been a Certified Human Resources Professional since He was called to the Alberta bar in 1986.

10 Tina Giesbrecht Lawyer Profile TITLE Partner OFFICE Calgary DIRECT LINE LAW SCHOOL University of Manitoba, LLB, 1993 BAR ADMISSIONS Manitoba, 1994 Alberta, 2001 Biography Tina Giesbrecht is a partner in our Labour and Employment Group in Calgary. Ms. Giesbrecht advises a wide spectrum of both federally and provincially regulated clients on labour and employment matters including grievance arbitration, human rights complaints, executive compensation employment contracts, personnel policies, fiduciary obligations, non-competition and non-solicitation agreements. She also advises clients on employment issues arising from the purchase and sale of businesses including group terminations and successorship rights. In addition, Ms. Giesbrecht advises employers on privacy, workers compensation, occupational health and safety matters and termination of employment. Prior to joining McCarthy Tétrault, Ms. Giesbrecht practised in Winnipeg and taught employment law at the University of Manitoba. She regularly writes articles and presents seminars on a variety of labour and employment law issues. Ms. Giesbrecht is past Chair of the CBA Labour and Employment Subsection, Alberta Bar Association and a member of the Canadian Bar Association, the Law Society of Alberta, the Law Society of Manitoba, the Manitoba Bar Association, the Canadian Association of Counsel to Employers and the Human Resource Association of Calgary. She received her BA in 1990 and her LLB in 1993 from the University of Manitoba. Ms. Giesbrecht was called to the Manitoba bar in 1994 and to the Alberta bar in 2001.

11 Jillian N. Humphreys Lawyer Profile TITLE Associate OFFICE Vancouver DIRECT LINE LAW SCHOOL University of Calgary, LLB, 2009 BAR ADMISSIONS British Columbia, 2010 Biography Jillian Humphreys is an associate in our Labour and Employment Group in Vancouver. She advises employers on a variety of labour and employment matters including wrongful dismissal and other employment litigation, labour arbitrations, employment standards, human rights, occupational health and safety and the labour and employment aspects of corporate transactions. Ms. Humphreys received her BA (Hons.) from the University of Western Ontario in 2006 and her LLB from the University of Calgary in She summered at after her second year of law school and articled with the firm upon graduation. Ms. Humphreys was called to the British Columbia bar in Ms. Humphreys is a member of the Law Society of British Columbia and the Canadian Bar Association in the Human Rights, Employment Law and Labour Law Sections. She is currently serving as Treasurer of the Human Rights Section.

12 Christopher McHardy Lawyer Profile TITLE Partner OFFICE Vancouver DIRECT LINE LAW SCHOOL University of British Columbia, LLB, 2000 BAR ADMISSIONS British Columbia, 2001 Biography Christopher McHardy* is a partner in the Vancouver Labour & Employment Group. He advises employers on a broad range of issues relating to labour, employment, human rights, privacy and immigration law. His experience includes: advising US clients on labour, employment, privacy and immigration laws in connection with establishing business operations in British Columbia; advising employers on, and preparing and negotiating, employment and consulting agreements, restrictive covenants; workplace policies, employee handbooks and other employment-related documents; advising on labour and employment issues in corporate mergers, acquisitions and outsourcing; advising employers on union certification drives and applications, decertification applications, unfair labour practices and collective bargaining; and representing employers in collective bargaining; defending employers against employee claims in provincial and superior courts, the Human Rights Tribunal, the Employment Standards Tribunal, the Labour Relations Board, labour arbitration boards, the Workers Compensation Board and its Appeal Tribunal, the Privacy Commissioner and other administrative bodies; representing employers in mediation and other alternative dispute resolution processes; advising employers on human resource management practices, privacy laws, union avoidance, and employee hiring, layoffs and terminations; and advising and assisting organizations and individuals with immigration matters, particularly work permits, Provincial Nominee Program applications and permanent residence. Mr. McHardy received his B.Comm. (1997 Honours) and his LLB (2000) from the University of British Columbia. Mr. McHardy has focused his practice on labour and employment matters since his call to the BC bar in *denotes Law Corporation

13 Tara McPhail Lawyer Profile TITLE Associate OFFICE Vancouver DIRECT LINE LAW SCHOOL McGill University, LLB, 2005 BAR ADMISSIONS British Columbia, 2007 Ontario, 2006 Biography Tara McPhail is an associate in our Labour and Employment Group. Ms. McPhail advises employers on a variety of matters including employment standards, wrongful dismissal litigation, labour arbitrations, occupational health and safety, human rights and the labour and employment aspects of corporate transactions. Ms. McPhail received her BA (Hons.) in Political Science from Queen s University in 2000 and her Bachelor of Civil Law and Bachelor of Common Law from McGill University in Ms. McPhail completed a portion of her legal studies at the Université Pierre-Mendès in Grenoble, France. In 2010, Ms. McPhail spent five months at the United Nations Development Programme Office in Nairobi, Kenya, where she worked in the area of democratic governance. Ms. McPhail is a public member of the Board of the Professional College of Dental Hygienists of British Columbia. She was called to the British Columbia bar in 2007 and the Ontario bar in 2006.

14 Earl G. Phillips Lawyer Profile TITLE Partner OFFICE Vancouver DIRECT LINE LAW SCHOOL University of Victoria, LLB, 1980 BAR ADMISSIONS British Columbia, 1981 Biography Earl Phillips is a partner in the firm s Vancouver office practising in the Labour and Employment Group. His recent experience includes: labour arbitrations regarding substance abuse, collective agreement interpretation, medical information, privacy, attendance management, surveillance and theft; labour board hearings regarding unfair labour practice complaints, true employer, successor and common employer issues, and certification and decertification applications; labour and employment issues in restructurings and reorganizations; human rights issues regarding attendance management, religious rights, substance abuse, disability, and the duty to accommodate; and negotiating and drafting executive employment contracts. Mr. Phillips regularly appears before federal and provincial tribunals and arbitration boards and the courts of British Columbia. He is a frequent writer and speaker on various topics including, most recently, significant Supreme Court of Canada decisions, mandatory retirement, employment privacy, disability management, whistle-blowing, substance abuse in the workplace and general employment practices. Mr. Phillips is recognized in the 2010 Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the area of employment law. Mr. Phillips is a member of the Human Resources Management Association of British Columbia and of the BC Labour and Employment Sections of the Canadian Bar Association. He also serves as a director of the Regent College 2000 Foundation and The Children s Foundation.

15 Donovan Plomp Lawyer Profile TITLE Partner OFFICE Vancouver DIRECT LINE LAW SCHOOL University of British Columbia, LLB, 2000 BAR ADMISSIONS British Columbia, 2002 Biography Donovan Plomp is a partner in our Labour and Employment Group in Vancouver. He has appeared as counsel in matters before the British Columbia Labour Relations Board, the Canada Industrial Relations Board, the British Columbia Human Rights Tribunal, the Supreme Court of British Columbia and grievance arbitration panels. He has also assisted clients in drafting employment contracts and policies, as well as advising on a wide variety of workplace issues including privacy, disability, and the application and interpretation of collective agreements. His recent experience includes: advising employers regarding various human resources and labour relations issues, including employee disability, attendance management, human rights and employment policies, and terminations; representing employers in wrongful dismissal and other employment related litigation; representing unionized employers in grievance arbitration and labour relations board proceedings, including discharge, discipline, interpretation of collective agreements, unlawful strike and unfair labour practice complaints; advising employers regarding union organizing campaigns and certification and decertification applications; and advising on labour and employment issues in corporate mergers, acquisitions and reorganizations. Mr. Plomp received a BA (Hons) from the University of Ottawa in 1997, and his LLB from the University of British Columbia in After graduating from law school, Mr. Plomp served as a judicial law clerk with the Supreme Court of British Columbia. Mr. Plomp was called to the British Columbia bar in Mr. Plomp is a member of the Canadian Bar Association and the British Columbia Human Resources Management Association. He has served as an executive member and Chair of the BC Employment Law section of the Canadian Bar Association.

16 Ben Ratelband Lawyer Profile TITLE Partner OFFICE Toronto DIRECT LINE LAW SCHOOL University of Toronto, LLB, 1996 BAR ADMISSIONS Ontario, 1998 Biography Ben Ratelband is a partner at McCarthy Tétrault s Labour and Employment Group in Toronto and is a member of the firm s Environment Health and Safety Group. Mr. Ratelband s practice is focused exclusively on management-side labour, employment and health and safety law. He has advised and represented employers in the sectors of manufacturing, security, energy, trucking, health care, education, information technology, correctional services, hospitality, public service, water supply and finance and investment. Mr. Ratelband has also advised and represented those employers in collective bargaining, labour board proceedings, labour arbitration, mediation, employment litigation, judicial review and civil appeals, employment standards, privacy, human rights, occupational health and safety and workplace safety and insurance proceedings. He regularly provides training for clients managers and other staff to assist them in meeting their legal duties. Mr. Ratelband has spoken on various labour, employment and health and safety topics for such organizations as the Canadian Institute, Rotman School of Business at the University of Toronto, the Human Resources Professionals Association of Ontario, and the Ontario Bar Association. He has also written on a number of labour and employment law topics for various legal publications. Prior to joining McCarthy s, Mr. Ratelband worked in the field of management-side labour relations in private and public sector settings in both Ontario and the Yukon. He was legal counsel to the Management Board Secretariat of the Ontario Ministry of the Attorney General, where he represented the Crown as an employer in a variety of forums, including the Divisional Court and the Court of Appeal. Mr. Ratelband received his B.A. (Hons.) from York University, where he graduated cum laude in 1992, and he received his LLB from the University of Toronto in He was called to the Ontario bar in 1998.

17 Jacques Rousse Lawyer Profile TITLE Partner OFFICE Montréal DIRECT LINE LAW SCHOOL Université de Montréal, LLL, 1981 BAR ADMISSIONS Québec, Biography Jacques Rousse is the firm-wide Practice Group Leader of our Labour and Employment Group. He is a partner practising in Montréal. He advises management in all matters with respect to human resources and executive compensation. In the event of litigation, he acts before arbitration boards, administrative tribunals and the civil courts in matters related to grievance arbitration, employment contracts, wrongful dismissals and human rights complaints. Mr. Rousse also appears before tribunals in matters concerning workers compensation, occupational health and safety, and privacy law. Furthermore, he has acquired considerable experience in collective bargaining, as well as in labour and employment matters related to restructurings and mergers and acquisitions. He represents a wide number of private and public sector employers both unionized and non-unionized, including companies and organizations in the manufacturing, health, financial, hospitality and service sectors. Mr. Rousse is a member of the Ordre des CRHA et CRIA du Québec. He has spoken at numerous conferences and seminars related to labour relations, human rights, and occupational health and safety. He received his LLL from the Université de Montréal in 1981 and was called to the Québec bar in 1982.

18 SINCE YOU VE BEEN GONE: Our BC Labour and Employment Update EARL PHILLIPS CHRISTOPHER MCHARDY

19 1 Since You ve Been Gone: Labour and Employment Update Introduction It will not surprise you to hear that the past year has seen its fair share of labour and employment law developments. Without further ado, we give you our playlist of the notable scores in the 2010 hit parade Human Rights The hottest issue in human rights law family status discrimination is the subject of a separate presentation, but there is still plenty to discuss. THE DUTY TO ACCOMMODATE There are some helpful cases where employees are being held to account, and employers are being allowed some management discretion and flexibility. Employee Preference Two pregnant nurses were assigned to temporary alternative work in logistics that all parties agreed was appropriate accommodation for their medical restrictions. The problem?: they normally worked, and preferred, 12-hour shifts and the shifts in logistics had recently been changed to 8.4 hours. The shift change in logistics was recognized as a legitimate change for operational reasons, and unrelated to the pregnant employees or their accommodation. The union argued that the employer failed in its duty to accommodate by not providing 12-hour shifts. The arbitrator disagreed, holding that it was not unreasonable to require the nurses to work the shift that attached to appropriate work. The arbitrator added: Respecting the dignity of a pregnant employee does not include conferring upon her additional rights not necessary to accommodate her pregnancy where it is the relief from active duty that flows from her pregnant status. 1 Operational Changes While an employee was on disability leave, a small employer made some operational changes and notified the employee that on her return she would have to do some bus driving. The employee returned to work for a 1 City of Ottawa, [2010] O.L.A.A. No. 343 (QL) (Schmidt)

20 2 week doing just her administrative duties, but when the graduated return-to-work plan concluded was finalized and included some bus driving, she quit. The BC Human Rights Tribunal found no connection between the disability and the change in duties. The Tribunal noted that an employer s operational structure is not frozen while a disabled employee is off work. The Tribunal went on to say that if it was wrong in concluding there was no prima facie discrimination, then there was also a bona fide occupational requirement. The employer was frustrated in its accommodation efforts by the employee s refusal to engage in the process: Ms. Williams did not engage in the give and take necessary to develop a workable accommodation for her physical disabilities. 2 Financial Hardship An employee s injuries from a car accident were accommodated by his employer, and the accommodation was continued when the employee was put on an 18-month waiting list for surgery. The accommodation lasted for over one year, when the employer lost its biggest contract. In response, the employer cut its operation to one shift and, as the arbitrator noted, every employee was directly and adversely affected by the cancelled contract. The injured employee s employment was terminated and he grieved. The arbitrator ruled that the costs of accommodation had become of a totally different magnitude and that the hardship originally and willingly assumed by the employer in accommodating [the employee s] disability had become undue hardship. 3 Employee Compliance Employees can also fail to meet their obligations in accommodation when they don t obey the terms of the accommodation. An employee with a shoulder injury failed to observe the lifting restrictions in his light duty assignment and the Tribunal ruled: The nature of the accommodation process is one which requires full and frank dialogue between the parties, as they work together to find a solution that adequately balance the competing interests at play. Mr. Gao did not cooperate in this process. 4 Substance Abuse For employers who are patiently working with employees with substance abuse or addiction disorders, there is light at the end of the tunnel. Your efforts will often result in a happy result of continued recovery and a successful return to work. And, in those tragic cases where the employee does not respond, there is a limit to the employer s duty to accommodate. 2 Williams v. Sechelt School Bus Service Ltd., 2010 BCHRT Maersk Distribution Canada Ltd., [2010 B.C.C.A.A.A. No. 68 (QL) (Sanderson) 4 Yong Gao v. Island City Baking Company Inc., 2010 BCHRT 259