Aboriginal Labour & Employment Law Local. National. Legal Services for Employers.

Aboriginal employers face issues and challenges unique to them. The lawyers in our First Nations practice group are highly skilled and experienced labour and employment lawyers with a deep understanding of these issues. We believe the most effective solutions begin with forming strong and lasting relationships with our clients.

Our lawyers have extensive experience working with First Nations governments – including band councils and self-governing First Nations, Aboriginal schools, health care, social services agencies and First Nations-owned businesses and entities throughout Canada – to help them achieve their strategic and organizational objectives and to minimize legal risk resulting from human resources issues.

Effective Human Resources Management: Prevention and Proactive Measures We believe prevention is key. We ensure our clients are aware of risks and issues that can arise and work with them to address risk proactively. We offer:

• Training and workshops including harassment, bullying, conflicts of interest, and management training

• Hiring and dismissal advice • Drafting and using effective contracts • Progressive discipline • Workplace investigations or assessments • Disability and addiction management • Human resources policies, policy manuals and

management training to work effectively with the policies in place

Chief and Council Governance Issues There are times when difficult issues arise and expert advice is needed to move forward effectively and ethically. Our lawyers have the experience to assist governing bodies with difficult issues relating to governance such as: conflict of interest concerns, fiduciary obligations, Code of Conduct issues, interpretation of custom election codes, and removal or discipline.

Employment-Related Provisions in Impact Benefit Agreements Our lawyers understand the significance of securing valuable employment-related benefits in Impact Benefit Agreements and have extensive experience in working with these Agreements to obtain the best possible benefits for Aboriginal clients. Additionally, we understand the potential ramifications of unionization of a project on Aboriginal territory and have experience addressing this complex issue in an Impact Benefit Agreement so as to best preserve the rights secured by a community for its members.

Jurisdiction over Employment Relationships

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Aboriginal Labour & Employment Law mathewsdinsdale.com | iuslaboris.com

Whether employees are governed by federal or provincial laws has significant consequences for employers. For instance, many people are unaware that federally regulated employees who have more than 12 months of service and who are not managers have “quasi-union” protection and are entitled to be reinstated to their jobs if their dismissal is “unjust”. This is a significant entitlement which is not available to provincially regulated employees.

We offer advice and strategic recommendations regarding the differences and application of, provincial and federal laws relating to employment, both on and off-reserve and work with our clients to make decisions about how to set up and organize their affairs so as to best position themselves with respect to jurisdiction over their employment relationships.

Union Issues We have observed an increase in unions targeting Aboriginal entities and Band-owned corporations in recent years. Our lawyers have the skill and knowledge to help you with preventative measures so as to keep your business union-free. We also know how stressful and unpredictable union organizing campaigns can be as employers have to observe strict rules as to what they can say and do in response. We work with our clients during union organizing to diminish the chances of unionization and to strike back against union campaigns lawfully. If your business becomes or is unionized, we are experienced and effective labour lawyers and can assist with: collective bargaining, strikes, lockouts, and labour arbitrations.

Advocacy and Litigation Generally speaking, litigation and adjudication of complaints should be a last resort, particularly in communities where the relationships will continue after the litigation has ended. At times, however, parties cannot resolve their disputes without the assistance of a third party. When this is the case, we represent our clients in:

• Unjust dismissal adjudications • Canada Labour Code and/or Employment Standards

Act complaints • Human rights complaints under the BC Human Rights

Code and the Canadian Human Rights Act • Court claims

Connect with us

For more information about how we can serve you in Aboriginal Labour & Employment Law, please contact your Mathews Dinsdale lawyer or visit our website at mathewsdinsdale.com. ONTARIO 416.862.8280 BRITISH COLUMBIA 604.638.2050 ALBERTA 403.538.5041 NOVA SCOTIA 902.334.0434 Canada’s only national labour and employment employer side law firm. Face to Face. Coast to Coast