Myers LLP Welcomes Karen and Sharna to the team
Myers LLP is pleased to announce the addition of Karen Wittman as a new partner and Sharna Nelko as a new associate to our team. Both Karen and Sharna specialize in civil litigation and employment law, embodying a wealth of expertise in these practice areas. We extend a warm welcome to Karen and Sharna, anticipating their meaningful contributions to the firm’s continued success.
Myers LLP Secures $19.4-Million Appeal Victory for University of Manitoba Professors in Charter Challenge
The Manitoba Court of Appeal upheld a $19.4-million Charter damages award compensating University of Manitoba professors, following the government’s unsuccessful appeal. The compensation addresses lost earnings, interest, and strike costs due to the province’s secret intervention in contract negotiations that led to a 2016 campus strike. Myers LLP successfully argued that the University of Manitoba Faculty Association’s right to association under the Charter had been breached. This precedent-setting case opens the door to further Charter damages remedies and may have implications beyond labor and employment issues. The government has until the end of September to request a follow-up appeal to the Supreme Court of Canada.
Congratulations to Andrew E. Fenwick and Nikolai Bola
Congratulations to Andrew E. Fenwick and Nikolai Bola for receiving their Call to the Bar in Manitoba on June 15. Further congratulations to Nikolai for being awarded the A. Montague Israel’s QC Prize, awarded to a student who has demonstrated all-around excellence and who is seen to possess the scholarship, character, skill and breadth of interest that Mr. Israels valued and exemplified in his life! We are thrilled to have both of you continue to work with us as associates.
Josh Weinstein has become a Fellow of the American College of Trial Lawyers
Winnipeg, Manitoba, March 11, 2022 – JOSH WEINSTEIN has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.
The induction ceremony at which Josh Weinstein became a Fellow took place recently before an audience of over 600 people during the recent Spring Meeting of the College in Coronado, California.
Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada, and Puerto Rico. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality. Lawyers must have a minimum of fifteen years of trial experience before being considered for Fellowship.
Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States, Canada, and Puerto Rico, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows. The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.
Josh is a partner at Myers LLP and has been practicing at the firm for 25 years in the areas of Criminal Defence, Administrative Law, and Professional Discipline. Josh is an alumnus of The Robson Hall School of Law at the University of Manitoba, a Past President of the Manitoba Bar Association, Past Chair of the Canadian Bar Association’s Criminal Justice Section, and a previous recipient of the CBA’s Douglas Miller Award.
Michael Clark has been appointed a Judge of The Provincial Court of Manitoba
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.
Myers LLP named one of Canada's Best Law firms
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.
Labour arbitrators have exclusive jurisdiction to hear human rights complaints from unionized workplaces
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.
Mel Myers 20th Annual Labour Conference Rescheduled to March 17-18, 2022
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.
Mel Myers 20th Annual Labour Conference Rescheduled to November 17 & 18
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.
Susan Dawes appointed as Vice Chair of Winnipeg Airports Authority
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.