Myers LLP is pleased to announce that Michael Clark has been appointed a Judge of The Provincial Court of Manitoba. Michael has been a partner since 2015 and has practiced in the areas of Child Protection and Civil Litigation.

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Myers LLP is honoured to have been named one of Canada’s Best Law Firms for 2022 by the Globe & Mail’s Report on Business in the field of Labour and Employment Law.

By Cleyton Rückl

The Supreme Court of Canada recently issued its decision in Northern Regional Health Authority v. Horrocks, 2021 SCC 42, ruling that disputes involving human rights complaints from unionized workers fall within the exclusive jurisdiction of labour arbitrators. 

This dispute concerns the employer’s response to Ms. Horrocks’ attendance at work under the influence of alcohol – requiring that she sign an abstinence agreement, and terminating her employment for breaching the agreement. Ms. Horrocks filed a complaint with the Manitoba Human Rights Commission, and the issue was whether an adjudicator has jurisdiction to hear complaints from unionized workplaces. 

Writing for the majority, Justice Brown explained that where the legislation includes a mandatory dispute resolution clause, an arbitrator empowered under that clause has jurisdiction to decide all disputes arising from the collective agreement, subject to clearly expressed legislative intent to the contrary.

The Labour Relations Act requires every collective agreement to include a provision for final settlement of all disputes about the meaning, application, or violation of the agreement – the mandatory arbitration clause. And while The Human Rights Code gives broad jurisdiction to the Commission to receive, investigate and refer complaints to adjudication, there are no provisions that expressly displace the exclusive jurisdiction of a labour arbitrator established by the mandatory arbitration clause. As a result, only labour arbitrators have jurisdiction to hear human rights complaints from unionized workplaces. 

Due to health concerns arising from the recent spread of the COVID-19 virus, which continue to evolve on a daily basis, the lawyers at Myers LLP have decided to schedule the 20th Annual Mel Myers Labour Conference to March 17-18, 2022, at the Victoria Inn Hotel and Convention Centre.  Registration and more information regarding the program and registration will be available in the coming months.

To access the Workplace Privacy Presentation that was held on Wednesday, November 17th, please click here: WORKPLACE PRIVACY PRESENTATION.

If you have any questions, please contact Elena Gagliardi at elena@plannersplus.ca or by phone at 204-995-8997.

The Mel Myers 20th Annual Labour Conference has been rescheduled to November 17 and 18, 2021, at the Victoria Inn Hotel and Convention Centre.

We will be in touch with you again as further information becomes available. Registrants who are unable to attend the rescheduled Conference will be entitled to a full refund.  If you have any questions please contact Elena Gagliardi at elena@plannersplus.ca or by phone at 204-255-7006.

Winnipeg Airports Authority is pleased to announce the re-appointment of Brita Chell as Chair of its Board of Directors for 2021 and the appointment of Susan Dawes as Vice Chair.

Brita joined the Board of Directors six years ago and became the first female Chair in the history of WAA in January 2020. She is a business leader who has held a number of senior positions in the
private sector and recently retired as Chief Financial Officer of G3 Canada Limited. Brita has been active in the community, and in addition to her role at WAA is also a member of the St. Amant Board.

“I am excited to continue working with the entire WAA team to overcome the unprecedented impact the COVID-19 pandemic is having on our industry and keep our community connected,” said Brita. “I’d like to thank the board for their continued support and congratulate Susan Dawes on being appointed to the role of Vice Chair.”

Susan has been part of the Board of Directors since January 2018. She was appointed to the Board by WAA and currently serves on the Governance Committee. Susan is a partner at Myers LLP and a member of the Canadian Association of Labour Lawyers, where she previously served as Vice President. She is also part of the Manitoba Bar Association and Canadian Bar Association.

In addition to the appointments of Chair and Vice Chair, WAA is pleased to welcome a new member to its Board of Directors. Adam Kilfoyle is the Managing Partner at Heartland CPAs and was nominated by the Assiniboia Chamber of Commerce. “I’d like to welcome Adam to the WAA Board of Directors and also extend thanks to outgoing board member Gerry Glatz for his nine years of dedicated service,” said Brita.

2021 Board of Directors

The WAA Board of Directors is comprised of 15 members — eleven nominated by government and community partners and four appointed by the WAA Board. Please visit waa.ca for the complete list of Board of Directors for 2021.

WAA – Full Media Release (PDF)