Kelly VanBuskirk, KC

Research interests

• workplace dispute resolution models
• legal responses to workplace harassment and bullying
• effectiveness of teaching methods in legal education

Biography

Kelly is a partner in the firm of Lawson Creamer, based in Saint John, New Brunswick. His litigation practice emphasizes labour and employment law and human rights, and he has represented clients before many tribunals and courts, including the Supreme Court of Canada.

Education, training and designations:

• PhD (Nottingham Law School)
• LLM (with distinction) at the University of Huddersfield (UK)
• LLB (Dean’s List) (UNB)
• BA (Dean’s List) (UPEI)
• Cornell University Industrial and Labor Relations School, Panel of Neutrals
• Chartered Arbitrator designation
• King’s Counsel

Selected media contributions:

• Former law columnist, CBC Business Network
• Contributor, The Globe & Mail workplace mental health series
• Consulted for commentary by: The Globe & Mail, CTV, CBC, Brunswick News and more.

Courses taught

• Law 4183 (Trial Practice)
• Law 2253 (Administrative Law)
• MBA 7609 (Commercial Law of Project Procurement Management)
• BA 4813 (Negotiation and Conflict Resolution)
• BA 2858 (Introduction to Human Resource Management)
• BA 2758 (Employment Law)
• BA 3720 (Labour Law)
• BA 3705 (Business Law)
• BA 4856 (Evaluating and Rewarding Employee Performance)
• HMRT 3063A (Humanitarian Law and Human Rights), St. Thomas University

Selected publications and conference papers

Why Employees Sue: Rethinking Approaches to the Resolution of Employment Conflicts. Toronto: Thomson Reuters, 2017.

Post-Potter v NBLASC, the law of constructive dismissal still requires attention. The Canadian Labour & Employment Law Journal. 20.1 (2017): 43-69.

Canadian mental health legislation, the violation of individual rights and the promotion of discrimination. International Review of Human Rights Law. 2:1 (2017).

Why Employees Sue and Why Physicians Should Care. Occupational and Environmental Medicine Association of Canada Annual Conference (St. John’s).

An examination of the effectiveness of Readers’ Theatre as a teaching strategy in legal education. Association of Law Teachers 52nd Annual Conference, 2017 (Portsmouth, United Kingdom). Commendation: Stan Marsh Best Paper Prize competition.

Why employees sue. Occupational Medicine Specialists of Canada, Annual Scientific Conference, 2016 (Boston).

Benefits of using mediation to resolve workplace disputes and issues (with Joel Michaud, Esq.) Canadian Bar Association, New Brunswick Branch, Administrative Law Conference, 2016 (Saint John).

Does Canadian employment law resolve the concerns of employees who make legal claims? Osgoode Hall GLS Conference, 2015 (Toronto).

Justice Beyond Law: Why Litigators Should Embrace Mediation. The Canadian Arbitration and Mediation Journal. 23.2 (2014): 53-69.

The importance of a standardized approach: Substantial damages awarded underlines the importance of the CSA’s (voluntary) psychological health and safety standard. HR Today. October 23, 2014.

The Case for Apology Legislation in the Resolution of New Brunswick Employment Disputes. The Solicitor’s Journal. Summer, 2010.

Damages for Improvident Employer Behaviour: Two Judicial Approaches. The Canadian Bar Review. 83 (2004): 755-803.