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First Nations

Chief did not have actual or ostensible authority to bind Indian band to wrongful dismissal settlement agreement

Jurisdiction: - British Columbia
Sector: - First Nations

In Clayton v. Lower Nicola Indian Band, 2013 BCSC 162, the BC Supreme Court found, by way of a summary trial, that the then chief of the Lower Nicola Indian Band did not have actual or ostensible authority to bind the band to a wrongful dismissal settlement agreement with its former executive director.

In a previous reported decision involving these parties - Clayton v. Lower Nicola Indian Band, 2011 BCSC 525 - it was disclosed that the settlement agreement provided for a $100,000 payment to the former executive director, who had been in her position for just under two years (January 14, 2008 to January 8, 2010).

Manitoba court awards wrongfully dismissed employee solicitor-client costs and punitive damages

Jurisdiction: - Manitoba
Sector: - First Nations

The decision in Lounsbury v. Dakota Tipi First Nation, 2011 MBQB 96 is unique in that the court awarded the plaintiff former employee both solicitor client costs and punitive damages because of the defendant employer's conduct.

The court had previously awarded the former employee $143,000 in notice period damages.

Solicitor-Client Costs

As the court stated, solicitor-client costs are or special costs "are intended to more closely represent a party's actual legal costs" (para 41). In the case, the court awarded solicitor-client costs on two basis:  read more »

Employee's stress due to nature of job not employer's improper conduct; no construtive dismissal

Jurisdiction: - Canada/Federal
Sector: - First Nations

Kade v. Chippewas of Nawash Unceded First Nation [2011] C.L.A.D. No. 101 (Mole)

"Employment Policies for First Nations Employers"

Jurisdiction: - Canada/Federal
Sector: - First Nations

Eamon Murphy and Kathryn Deo, at Woodward & Company in Victoria, have written a paper on "Employment Policies for First Nations Employers" (undated).