First Nations
Manitoba court awards wrongfully dismissed employee solicitor-client costs and punitive damages
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 »
"Employment Policies for First Nations Employers"
Eamon Murphy and Kathryn Deo, at Woodward & Company in Victoria, have written a paper on "Employment Policies for First Nations Employers" (undated).
Giving teacher term contract that ended when maternity leave started, refusing to re-hire after leave was discriminatory
Gilmar, Melanie v. Alexis Nakota Sioux Nation Board of Education, 2009 CHRT 34
(For a previous decision in which a federally regulated employer was found to have discriminated against a pregnant teacher when it did not renew her contract, see Martin v. Saultaux Band [2002] C.H.R.D. No. 10.)
"Transfer of Jurisdiction Handbook on Employment Issues"
The First Nations School Association ("FNSA") has prepared a "Transfer of Jurisdiction Handbook on Employment Issues" (September 11, 2008). As stated in the introduction, the Handbook:
...is aimed mainly at Participating First Nations that will take jurisdiction over education pursuant to the First Nations Jurisdiction over Education in British Columbia Act (Canada), the First Nations Education Act (BC), and various jurisdiction agreements. The purpose is to identify steps that schools and Participating First Nations can take to prepare for the transfer of jurisdiction in connection with employment issues.
The Handbook has three parts: read more »
