Carman J. Overholt | Fraser Milner Casgrain LLP

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Carman J. Overholt Q.C., LL.B., B.A. (Hons.), Partner

Carman represents our clients in connection with employment, labour relations and human rights issues that arise in the workplace. Carman is a senior litigation lawyer in the firm and has appeared, on behalf of employers, before the Supreme Court of British Columbia, the Court of Appeal for British Columbia, the B.C. Human Rights Tribunal, the Employment Standards Tribunal, the B.C. Labour Relations Board, the Canadian Industrial Relations Board and Workers Compensation Appeal Tribunal.

Carman has represented employers in numerous labour arbitration proceedings and in connection with collective bargaining. The focus of Carman’s practice is working closely with the senior management and human resources professionals to ensure compliance with labour, employment, occupational health and safety and human rights legislation and development of policies and strategies that minimize the risk of litigation and disruption of operations. Carman has significant experience in advising employers in various sectors of the economy including transportation, financial services, technology, retail, service, hospitality, construction, mining, forestry and manufacturing.

Carman is a frequent lecturer on a wide range of employment and labour relations subjects for various groups including the British Columbia Human Resources Management Association, the Canadian Institute, Insight, Lancaster House, the Vancouver Board of Trade, the Canadian Bar Association and the Continuing Legal Education Society in British Columbia.

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The focus of Carman’s practice is working closely with senior management and human resources professionals to ensure compliance with labour, employment and human rights legislation and development of policies and strategies that minimize the risk of litigation and disruption of operations.

Representative Work

Successfully represented the Canadian National Railway Company in an application to the Court for an Order dismissing a claim by the Executrix of the Estate of a deceased employee

Dawydiuk v. I.C.B.C., 2009 BCSC 1259 (B.C. Supreme Court)

Obtained a dismissal of a complaint to the B.C. Human Rights Tribunal by a former employee of Martin - Brower Canada following discrimination allegations

Madill Equipment Canada v. United Steelworkers Union, Local 1-80, CLC (Brown Dismissal Grievance), [2008] B.C.A.A.A. No. 86

Raval v. APT Auto Parts Ltd. (2008), BCHRT 170

Lilydale Cooperative Ltd. v. United Food and Commercial Workers Union, Local 1518, (Contracting Out Grievance, [2006] B.C.A.A.A No.86, 85 C.L.A .S. 198

Lilydale Cooperative Ltd. v. United Food and Commercial Workers Union, Local 1518, (Rollerman Duty to Accommodate Grievance), [2004] B.C.A.A.A No.101

Appeared at B.C. Labour Relations Board on behalf of an employer in a hearing to determine jurisdiction dispute between International Union and local Union and enforceability of a collective agreement

Successfully defended Termination Grievance in Labour Arbitration arising from dismissal of union employee for harassment of another member of the bargaining unit

Advised Employer in wrongful dismissal proceeding on appropriateness of trial by Judge and Jury and process under the Rules of Court for striking Jury Notice

Submissions to WCAT regarding appointment of medical expert

Advised on drug testing policy in connection with safety sensitive work

Advised and drafted Last Chance Agreement with union employee with alcohol/drug addiction

Advised on human rights issues including employer duty to accommodate arising from employee drug/alcohol addiction and testing of employee

Advised on workplace fatality arising from suspected drug use and workers compensation issues arising from death of worker

Publications

Workers Compensation and Human Rights Law - Termination Issues (Presentation)

Written Employment Contracts (Presentation)

Social Media: Opportunities and Limitations in the Workplace (Presentation)

Recent Decisions of the Courts, Human Rights Tribunals and Labour Arbitrators Regarding the Duty to Accommodate Disabled Employees (Presentation)

Employer Rights and Obligations in Connection with Employee Information

Teaching Roles

Labour and Employment Law for Managers, University of British Columbia Sauder School of Business, 2012

Prior Speaking Engagements

Presenter, “Employment Law and Cloud Computing”, CLEBC Employment Law Conference 2012, Vancouver, April 26, 2012

Presenter, "Recent Developments in the Law of Dismissal - Hot Topics in Canadian Labour & Employment Law", FMC’s Employment & Labour Law seminar, Vancouver, April 19, 2012

Presenter, "Social Media, the Workplace & the Law", Webinar, February 29, 2012

Presenter, "Twitter On - The Use of Social Media by Bargaining Unit and Non-Union Employees in the Workplace", 7th Annual Labour Relations Conference, Vancouver, January 25, 2012

Presenter, "The Duty to Inquire", CLEBC Human Rights Conference, Vancouver, November 24, 2011

Presenter, "Workers Compensation and Human Rights Law - Accommodation and Termination Issues", FMC Employment & Labour Seminar, Vancouver, October 26, 2011

Presenter, "Written Employment Agreements", 2011 Negotiating and Drafting Major Business Agreements, Vancouver, September 21, 2011

Presenter, "Social Media: Opportunities and Limitations in the Workplace", FMC Employment & Labour Seminar, Vancouver and Webinar, June 16, 2011

Presenter, "When Social Media Goes Wrong – A Legal Perspective", BC HRMA Legal Symposium: Current HR Challenges - A Legal Perspective, Surrey, May 19, 2011

Presenter, “Social Media and the Impact on Employment Relations”, CLEBC Employment Law Conference 2011, Vancouver, May 12, 2011

Presenter, "Recent Decisions of the Courts, Human Rights Tribunals and Labour Arbitrators Regarding the Duty to Accommodate Disabled Employees", FMC Employment & Labour Seminar, Vancouver, May 4, 2011

Presenter, "The Law of Constructive Dismissal and the Duty to Mitigate", Presentation to the Employment Law Section of the Canadian Bar Association (BC Branch), March 2, 2011

Presenter, "When Social Media Goes Wrong – A Legal Perspective", BC HRMA Legal Symposium: Current HR Challenges - A Legal Perspective, Victoria, February 10, 2011

Presenter, "When Social Media Goes Wrong – A Legal Perspective", BC HRMA Legal Symposium: Current HR Challenges - A Legal Perspective, Vancouver, January 27, 2011

Presenter, "Benefits and Incentive Compensation: From Drafting Good Contract Language to Dispute Resolution", FMC Employment, Labour & Pensions Seminar, October 28, 2010

Presenter, "When Social Media Goes Wrong: A Legal Perspective", BCHRMA Fundamentals of Social Media & HR Workshop, Surrey, October 21, 2010

Presenter, "Employment Contracts – Beyond Course 101", 4th Edition Negotiating and Drafting Major Business Agreements Conference, Vancouver, September 28, 2010

Panelist, "Drugs and Alcohol in the Workplace", The Conference Board of Canada’s Meeting of the Council of Industrial Relations Executives, Vancouver, June 2010

Presenter, “Employer Rights and Obligations in Connection with Employee Personal Medical Information”, CLEBC Employment Law Conference 2010, Vancouver, May 14, 2010

Presenter, “Employment Litigation Practice”, CLEBC Employment Law Conference 2010, Vancouver, May 14, 2010

Presenter, “Protecting Your Stuff: Intellectual Property for the HR Practitioner”, BC HRMA Legal Symposium: Developing Your Employment Law Knowledge, Surrey, March 18, 2010

Presenter, "An Introduction to Labour Relations Law", University of the Fraser Valley, Abbotsford, March 15, 2010

Presenter, “Property Issues & Post-Employment Competition”, BC HRMA Legal Symposium: Current HR Challenges - A Legal Perspective, Victoria, January 27, 2010

Presenter, “Property Issues & Post-Employment Competition”, BC HRMA Legal Symposium: Current HR Challenges - A Legal Perspective, Vancouver, January 20, 2010

Presenter, “Employment Contract Dispute Resolution”, FMC’s Employment & Labour Seminar, Vancouver, October 28, 2009

Presenter, “Last Chance Agreements”, The Canadian Institute - The Duty to Accommodate: Effectively Managing Employees, June 23-24, 2009

Presenter, “The Legal Framework and Written Employment Contracts”, BCHRMA - Introduction to Employment Law Conference, June 16, 2009

Presenter, “Keays v. Honda Canada Inc. Revisited”, CGA - Fraser Valley Chapter Breakfast Meeting, June 13, 2009

Presenter, "Tough Decisions: Reducing Labour Costs to Meet the Difficult Economic Environment", FMC's Employment & Labour Seminar, Vancouver, April 29, 2009

Panelist, "Tough Decisions: Workplace Downsizing" Workshop, Victoria, April 7, 2009

Panelist, "Tough Decisions: Workplace Downsizing" Workshop, Vancouver, February 25, 2009

Presenter, "When Worlds Collide: Does Concurrent Jurisdiction Necessarily Mean Conflicting Jurisdiction?" Insight Information 4th Annual Western Canada Labour Relations Conference, Vancouver, January 30, 2009

Presenter, "The Duty to Accommodate: Managing in an Era of Increasing Employer Liability", 3rd Annual Western Canadian Forum on Employment Law, The Canadian Institute, Calgary, January 22-23, 2009

Presenter, "Keays v. Honda: Potential Impact for Employers", BC HRMA Legal Update Symposium, Vancouver, November 18, 2008

Presenter, "New Approaches to Addressing Absenteeism", Walking the Well Workplace Tightrope: Balancing Competing Interests and Obligations, FMC's Employment & Labour Seminar Series, Vancouver, November 6, 2008

Presenter, "Keays v. Honda: Potential Impact for Employers", BC HRMA Legal Update Symposium, Parksville, Vancouver Island, October 23, 2008

Presenter, "Termination Issues and Dispute Resolution", Executive Compensation and Good Corporate Governance Seminar, Vancouver, June 19, 2008

Presenter, "Management of Absenteeism and Human Rights Issues", CLE B.C. Labour Arbitration and Labour Relations Conference, June 6, 2008

Presenter, "Beginning at the End: Critical Update and Practical Advice for Terminating the Employment Relationship", The Canadian Institute's Western Canadian Forum, February 12-13, 2008

Principal lecturer, Federated Press 5th Employee Complaint Management Event, January 21-22, 2008

"Strategies to Protect the Parties to a Transaction: Labour & Employment Perspectives", Insight Information Conference, Advanced Mergers and Acquisitions, December 3-4, 2007

Co-Chair and Presenter, "Is there a Crisis on the Horizon? Class Actions and the Duty to Accommodate", Insight Information Conference, November 13-14, 2007

Chair and Principal Lecturer, "3rd Employee Complaint Management", Federated Press, November 5-6, 2007

Chair and Presenter, "Post Employment Competition in the Aftermath of RBC Dominion Securities Ltd. v. Merrill Lynchet al.", BC HRMA 1st Annual Legal Update Symposium, October 2, 2007

"Last Chance Agreements or Three Strikes and You are Out!" Annual Continuing Legal Education Society of B.C.'s Conference, May 30-June 1, 2007

"Pension Plan Under Attack: Protecting Your Fund From Class Action Litigation", Canadian Institute's 2nd Annual Western Canadian Forum, May 16-17, 2007

"Dealing With Key Employees and Owner Operators", Continuing Legal Education Society of B.C., April 20, 2007

"The Duty to Accommodate and the Ontario Court of Appeal Decision in Keays v. Honda Canada Inc., and Privacy Issues, Surveillance and Testing for Drug and Alcohol", Disability Management and the Duty to Accommodate Seminar, March 7, 2007

"How to Avoid Costly Employment and Human Rights Litigation", Certified General Accountants Seminar, March 7, 2007

"Senior Executive Management - From Hire to Fire", Insight Conference, November 27-28, 2006

"Mergers and Acquisitions: Labour and Employment Issues", Insight Conference, November 27-28, 2006

"The Availability of Punitive Damages Arising from the Breach of Human Rights Legislation", CBA, November 15, 2006

"The Nature of Employer Obligations to Employees who Suffer from Alcoholism or Drug Addiction", Langley Chamber of Commerce Conference, November 8, 2006

"An Introduction to Labour Relations", BC HRMA, November 2, 2006

"What an Employer Can Say and Do During a Union Organization Drive", BC HRMA, April 19, 2006

"Disability Management and the Duty to Accommodate", CGA/KWA Toombs, April 12, 2006

"Medical Information: What can Employers Demand? What can Employees Refuse? What will Doctors Disclose?" Lancaster House, November 2005

"Cyber Defamation", BCYHA/ABLE Annual Hotel Conference, November 2005

"How Canadian Courts Assess Damages for Wrongful Dismissal", HRMA, November 2005

"Intellectual Property Issues in the Employment Law Context", HRMA, November 2005

"Human Rights Law Overview", October 2005

"Employment Terminations", HRMA Workshop/KWA Toombs, October 2005

"Attendance Management as a Method of Disability Management: The Value and Limitations", Insight, October 2005

"Business Transactions and Privacy Legislation", FMC CLE, September 2005

"Employment Terminations", HRMA, September, 2005

"Board Business Boot Camp-Hiring, Firing and Keeping Great Employees", Vancouver Board of Trade, July 2005

"Recent Developments in Canadian Employment Law: Class Actions, Just Cause & Wallace Damages", HRMA, June 2005

"The Limits to Accommodation: Drawing the Line", Lancaster House, April 2005

“Jurisdiction Simpliciter in the Employment Law Context”, a presentation at the inaugural meeting of the Employment Law Section of the Canadian Bar Association (B.C. Branch), February 4, 2004

“Senior Executive Terminations”, Insight Conference, 2001

“Wallace Update”, Continuing Legal Education Society of British Columbia Employment Law Conference, 2001

“Labour & Employment Issues in the Insolvency Context”, Continuing Legal Education Society of British Columbia Employment Law Conference, 2001

“The Impact of the Supreme Court of Canada Decision in Wallace v. United Grain Growers Ltd.”, Continuing Legal Education Society of British Columbia Employment Law Conference, 2000

“Potential Liability of Directors and Officers in the Employment Context”, Continuing Legal Education Society of British Columbia Employment Law Conference, 1999

“Employment Law Issues for Officers and Directors of Not-for-Profits”, Continuing Legal Education Society of British Columbia Employment Law Conference, 1997

“Buying and Selling a Business: The Labour and Employment Audit”, Continuing Legal Education Society of British Columbia, 1995

“Employee Illness and Disability: Employer Obligations & Employee Rights”, Canadian Institute Conference, 1995