Dana Hooker

Dana F. Hooker

Partner
About

Dana F. Hooker has been supporting employers achieve success in managing increasingly complex workplaces for almost two decades.

Dana’s practice covers the depth and breadth of employment and labour law in British Columbia. Dana also regularly supports employers whose operations extend beyond British Columbia and Canada, coordinating with DLA’s other Canadian, US and global employment and labour counsel to assist employers in achieving efficient, consistent, and lawful human capital management across jurisdictions.

Dana is comfortable in both the boardroom and the courtroom. Dana’s experience includes:

  • M&A/transaction support, including addressing notice and sucessorship issues in unionized workplaces
  • Defending litigation, including wrongful dismissal claims, complaints to the British Columbia Human Rights Tribunal, British Columbia Director of Employment Standards, and WorkSafeBC, and applications to the British Columbia Labour Relations Board and Canada Industrial Relations Board
  • Advancing litigation in respect of employee torts or breaches, including breach of confidentaility, breach of restrictive covenants, and breach of fiduciary duty
  • Advising and leading collective bargaining
  • Day to day advising regarding human capital management, including incident or crisis triage and management, employee privacy and access to personal information, the duty to accommodate, occupational health and safety, and workers compensation
  • Preparing employment agreements, restrictive covenant agreements, policies and procedures
  • Conducting and managing workplace investigations
  • Advising on with or without cause terminations and preparing termination documentation

Dana has appeared before the Provincial Court and Supreme Court of British Columbia, the British Columbia Workers’ Compensation Board, the British Columbia Workers’ Compensation Appeal Tribunal, the British Columbia Human Rights Tribunal, the Office of the Information and Privacy Commissioner, the British Columbia Labour Relations Board and the Canada Industrial Relations Board.

Dana is a prolific author and regularly speaks on employment and labour issues. She is a staunch advocate for diversity and inclusion in the legal profession.
Bar admissionsBritish Columbia, 2008

EXPERIENCE

  • Acted for a large unionized employer with respect to a complaint to the British Columbia Human Rights Tribunal regarding allegations of discrimination in employment. The employee's complaint was dismissed prior to a hearing on the merits after comprehensive submissions disputing the merits of the claim were provided to the Tribunal.
  • Acted for an employer in an appeal to the Review Division of the Workers' Compensation Board of an administrative penalty arising out of a serious workplace injury. The appeal was successful and the penalty was reduced.
  • Acted for an employer in an appeal to the Review Division of the Workers' Compensation Board regarding employee claim benefits. The appeal was successful and the benefits were aligned with WorkSafeBC policies.
  • Acted as counsel to technology employer with respect to a hearing of a complaint to the British Columbia Human Rights Tribunal regarding allegations of discrimination on the basis of race. The employee's complaint was dismissed after a hearing on the merits.
  • Acted as counsel for a large national employer with respect to numerous human rights complaints, wrongful dismissal claims, and grievance arbitrations. A number of the human rights complaints were dismissed at the preliminary stage.
  • Acted as counsel for a large multinational employer with respect to a certification application under the British Columbia Labour Relations Code.
  • Acted as counsel to a Federally-regulated employer with respect to a certification under the Canada Labour Code.
  • Acts as counsel to a large national employer with respect to British Columbia collective bargaining (employer bargaining committee lead) and grievance arbitration.
  • Acts as counsel to multiple large British Columbia employers, including technology employers, with respect to day-to-day workplace management, including the implementation and application of policies and contracts, discipline, workplace investigations, terminations, termination litigation, and complaints under the Human Rights Code, Employment Standards Act, and Workers Compensation Act.
  • Acts as counsel to multiple British Columbia non-profit organizations with respect to human rights complaints under section 8 and section 13 of the Human Rights Code, day to day workplace management, investigations, grievances, and with respect to claims under the Workers Compensation Act.
  • Acts for both buyers and sellers/transferee and transferor in the disposition of a business or assets, including comprehensive employment, labour and human rights due diligence, preparing employment-related purchase/disposition agreement terms, addressing notice requirements under the Labour Relations Code and applicable collective agreements and preparing notice to impacted employees and unions, addressing matters of successorship under applicable legislation, counseling parties on their obligations under applicable legislation, and preparing employment documentation supporting disposition.
  • Advised on the acquisition and multi-million-dollar financing of a commercial high-rise office building located in the Vancouver downtown financial district. Advising corporations on the employment issues related to acquisition of a target business or assets, including aiding in the resolution of potential employment claims, due diligence, drafting employment related clauses in the transaction documents, and liaising with affected unions in compliance with the requirements under the Labour Relations Code.
  • Acted for a large unionized employer with respect to a complaint to the British Columbia Human Rights Tribunal regarding allegations of discrimination in employment. The employee’s complaint was dismissed prior to a hearing on the merits after comprehensive submissions disputing the merits of the claim were provided to the Tribunal.
  • Acted as counsel for a large multinational employer with respect to a certification application under the British Columbia Labour Relations Code. Acted as counsel to a Federally-regulated employer with respect to a certification under the Canada Labour Code.
  • Advising employers with respect to their obligations under federal and provincial public and private-sector privacy legislation and drafting necessary policies. Advising organizations impacted by freedom of information requests on their rights and obligations under applicable legislation.
  • Acting for client in an appeal to the Review Division of the Workers' Compensation Board of an administrative penalty arising out of a serious workplace injury. The appeal was successful and the penalty was reduced.
  • Advising employers on their obligations under Occupational Health and Safety legislation and the Workers’ Compensation Act. This work includes guiding employers through Board investigations into workplace accidents and fatalities, assisting employers in navigating their obligations under bullying and harassment provisions and policies including running training and education sessions for employers, and assisting employers with appealing assessment decisions.
Languages
  • English

Awards

The Legal 500 Canada

  • Recommended, Labor and Employment, (2018)
Additional Recognitions
  • Recognized, Labor and Employment Law, Best Lawyers in Canada, (2025 – 2027)
  • Lexpert Zenith Award Celebrating Law Firm and Corporate Social Responsibility for contributions towards organizing and obtaining funding for a UBC Law Review special issue on diversity and the law (2011)
Education
  • LL.M., International Business and Economic Law, Kyushu Imperial University, 2007
  • LL.B., University of British Columbia, 2006
  • B.Sc., University of British Columbia, 2000 (Dean’s List)

Publications

  • Co-author, “Your Partners Are Not Your Employees: Supreme Court of Canada Clarifies the Application of the Control/Dependency Test”, Ultimate HR Manual – Western Edition, No.84 – CCH, Wolters Kluwer, June 2014.
  • Author, “You Quit: Employee's Claim of Constructive Dismissal Fails”, Labour Notes, September 2012.
  • Author, “Diversity in the Law: Arguments and Perspectives”, UBC Law Review, Volume 44, No.1, pp. 1–8, March 2011.
  • Author, “Defending Claims in Different Fora: The Competing Jurisdiction of Arbitrators and Tribunals in British Columbia”, UBC Law Review, Volume 43, No.1, pp. 1–8, September 2010.
  • Author, “Enforcement of Minors’ Contracts in British Columbia”, Canadian Corporate Counsel, Volume 18, No. 6, May 2009.
  • Author, “Keays v. Honda Canada Inc.”, Continuing Legal Education Society of British Columbia, May 2009.
  • Author, “The Supreme Court of Canada Confirms the Legal Obligations of Departing Employees”, International Law Office, Nov 2008.

Other Activities

  • Member, University of British Columbia Behavioural Research Ethics Board, 2009-2013 
  • Former Director, UBC Law Review (Editor-in-Chief), 2005-2006 
  • Former Director, UBC Law Review (Associate Articles Editor), 2004-2005 
  • Former Member, UBC Law Review, 2003-2004 
  • Former Member, Maiko Taiko (Japanese Drumming Group), Niigata, Japan, 2001-2003

Memberships And Affiliations

  • Member Canadian Association of Counsel to Employers (CACE)
  • Member Canadian Bar Association
  • Member Vancouver Bar Association

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