PRACTICE PROFILE
Michael Watt is the leader of the firm’s Labour & Employment Practice. His practice involves providing time sensitive legal advice to both businesses and employees in the areas of labour, employment, and human rights laws, and defending and prosecuting claims through the Court and administrative tribunal processes. His clients include local and international businesses, and individuals seeking advice on workplace issues.
He is also a member of the firm’s Insolvency & Restructuring Practice. As a member of this group, he works with various stakeholders involved in the insolvency process, including banks, suppliers, landlords, trustees and receivers.
REPRESENTATIVE EXPERIENCE
- Regularly advises businesses and individuals on employee terminations
- Acts for businesses facing trade union certification
- Advises unionized employers on collective agreement administration
- Acted for large educational institution in the defence of multi party sexual harassment and personal injury litigation
- Acts for clients restraining unfair competition and misuse of confidential information, and enforcing restrictive convenants
- Provides strategic advice to businesses on labour and employment issues arising from corporate transactions
- Advised automobile dealer and agricultural feed producer on employee issues on closure of operations
- Conducted harassment grievance arbitration for manufacturing business
- Defended discrimination complaints through Provincial and Federal Human Rights processes
- Prepared and implemented employment contracts, restrictive covenants and employee policy handbooks for various businesses
- Advises various stakeholders during insolvency process including landlords, trustees, receivers, banks and suppliers to maximize financial recovery
- Advised Trustee/Receiver during proposal process and subsequent bankruptcy
- Acted for bidder seeking to acquire assets of insolvent company
- Acts for Receiver pursuing recovery of assets
- Advises officers and directors on insolvency related liability and planning issues
RECENT PUBLICATIONS AND CONFERENCES
- May 7, 2009 - "Art, Science and Magic - Understanding Recent Judicial Determinations of Reasonable Notice" - Continuing Legal Education of British Columbia
- May 29, 2008 – “Employment Records – Are You Ready to Hire, Review, Discipline, or Fire?” – Seminar Presentation (Lorman Education Services), Vancouver
- April 30, 2008 – “Employee Discharge and Documentation in British Columbia – Investigating and Documenting Workplace Misconduct” – Seminar Presentation (Lorman Education Services), Vancouver
- November 14, 2007 – “Top 10 Developments in Workplace Law” – Presentation to B.C. Legal Management Association, HR Subsection, Vancouver
- October 4, 2007 – “Employee Termination Issues – Planning, Conducting and Follow Up” – Seminar Presentation (Lorman Education Services), Vancouver
- October 2, 2007 – “Employee Termination Update” – Presentation for BC HRMA Legal Update Symposium, Surrey
- April 5, 2006 – “Hiring and Firing of Employees” – Seminar Presentation (Lorman Education Services), Vancouver
- April 4, 2006 – “Update for 2006 – A selection of Current Employment Law Issues for the Human Resources Professional” – for AHBL, Labour and Employment Group Breakfast Series
- July 2005 – “Demand for Repossession – Supplier Strikes Oil” article for CBB Insolvency EBulletin
- June 2005 – Author of articles on “BC Privacy Update-Collection of Personal Information by Retailers”; “Family Status Discrimination-Illegal to Treat Employee Differently because of Family Member”; “Courts – The Introduction of Labour and Employment Judges” for AHBL, Labour and Employment Practice Group Newsletter
- April 28, 2005 – “After Acquired Cause – A Review of Principles and Recent Decisions” (Paper and presentation at Employment Law Conference C.L.E. Seminar)
- March 2005 – Author of articles on “Human Rights Laws Applied to Private Club” and “How Not to Conduct an Employee Termination” for AHBL, Labour and Employment Practice Group Newsletter
- November 23, 2004 – Labour Relations Update (National Retailer Managers Conference)
- September 16 – 19, 2004 – “Cutting the Excess – Without Running Afoul of Labour Laws or Destroying Employee Morale” (Turnaround Management Association – Whistler, BC)
- April 29, 2004 – “Mitigation of Damages – An Update for Wrongful Dismissal Claims” (Employment Law Conference) – Vancouver, BC
April, 2002 – “Wrongful Dismissal Damages Update” (Paper and Panel discussion at Employment Law Conference C.L.E.)
- October 30, 2003 – “Review of Statutory Leave Provisions in the Employment Standards Act” (Lorman Education Services)
- April 2003 – “The Enforceability of Amendments made to the Employment Contract after employment begins” (C.L.E. Employment Law Conference paper and presentation)
- November 18 – 19, 2002 – “Terminations and Layoff Tips under the Amended Employment Standards Act and the Common Law Rules.” by Michael Watt and Lanny Robinson (Insight Information Co)
- April, 2002 – “Wrongful Dismissal Damages Update” (Paper and Panel discussion at Employment Law Conference C.L.E.)
- March, 2002 - “Downsizing in a Union Environment” (HRMA – 40th Annual BCHRMA Conference & Showcase)
- November, 2001 - “Human Resources Management - Legal Update” (CMC Seminar Presentation, Calgary)
- October, 2001 - “Downsizing in the Non-Union Environment: The Latest in Structuring Fair Severance Packages” (Insight Seminar, Vancouver)
- Fall, 2001 “Back to Basics - A Review of the Meaning of Reasonable Notice in Employment Contracts” (Article in BC HRMA PeopleTalk Magazine)
May, 2001 - “Structuring The Severance Package – Issues Specific to Disabled or Absent Employees and Recent Cases Involving Non-Salary Benefits” (Paper and Panel discussion at Employment Law C.L.E.)
- May, 2001 – “Labour, Employment & Human Rights Update” (Present half day Canadian Management Seminar)
- December, 2000 - “Duty to Accommodate - An Update on the Minimum Requirements of an Employer to Comply with the Human Rights Legislation” (BCHRMA Conference) [document #201938]
- November, 2000 – “Martin and Gray Today – An Update on Lawyers Conflicts of Interest” (Advocates Club)
- November, 2000 – “Drug and Alcohol Testing Policies in the Workplace” (AHBL Labour and Employment Law Newsletter)
- June, 2000 – “Labour, Employment and Human Rights Issues for the Employer” (Present half day Canadian Management Seminar)
- May, 2000 – “Successfully Defending Wrongful Dismissal Claims” (Paper and Panel discussion at Employment Law C.L.E.)
- Spring 2000 – “Supreme Court of Canada Adopts a new test for Discrimination” (DS & B Labour and Employment Law Newsletter)
- Autumn 1999 – “New Employment Standards for the High Tech Industry” (DS & B Labour and Employment Newsletter)
- June, 1999 - “Franchise Law: Review of Labour Board Decisions Involving Franchised Systems” (Presentation to Continuing Legal Education Franchise Law Seminar)
- May, 1999 - “Legislation in the Work Place” (Coordinate and present half day seminar for Canadian Management Centre)
- February, 1999 - "Law of Certification and Union Organizing Drives" (Presentation to Canadian Franchise Association)
- November, 1998 - "Developments in the Law of Certification and Union Organizing Drives" (Presentation to Labour Employment and Human Rights Law Seminar)
June, 1998 - "Labour Relations Update" (Presentation to Canadian Management Centre Seminar)
- June, 1998 - "Labour Relations Update" (Presentation to Canadian Management Centre Seminar)
- April, 1998 - "Employment Standards Tribunal - An Update and Overview of Recent Decisions" (Presentation of paper to Continuing Legal Education Employment Law Seminar)
- November, 1997 - "Employment Law Issues for Officers and Directors of Not for Profits" - (Co-author paper for Continuing Legal Education)
- September, 1997 - "Termination of Employment: Deduction of Disability Payments from Damages for Wrongful Dismissal" (Publication in BCHMRA Quarterly Newsletter)
- January, 1997 - "Labour Relations and the Employment Standards Act" (Presentation to the Canadian Franchise Association)
- December, 1996 - "Labour Relations for Franchisees" (Publication in the Franchise and Distribution Quarterly Newsletter, Federated Press)
- October, 1996 - "Priority of Crown Claims in Bankruptcy" (Presentation to the Insolvency Discussion Group)
- April, 1996 - "The New Employment Standards Act" - selected topics including sale of business or assets, corporate officer’s liability for unpaid wages and lien for unpaid wages (Present paper to Continuing Legal Education Employment Law Seminar)
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Canadian Bar Association, Member (Civil litigation, Labour, Employment, Human Rights, and Insolvency sub-sections)
- American Bar Association, Associate Member (Labor and Employment Section)
- BCHRMA, Member
- CACE, Member
- Insolvency Discussion Group, Member
- The Vancouver Club, Member
- St. George’s School Foundation, Member
- Kerrisdale Soccer and Little League coach
- Vancouver Thunderbirds Assistant Coach
