David P. Negus

Experience

Aikins, MacAulay & Thorvaldson LLP
1995 to Present. Partner, since 2004, providing advice and advocacy on all aspects of labour and employment law as well as related human resource issues. Experience includes defending complaints arising under the Labour Relations Act, Canada Labour Code, Employment Standards Code and Human Rights Code. Litigation experience includes appearances before the Manitoba Labour Board, labour arbitrators, referees and adjudicators under the Canada Labour Code, the Manitoba Court of Queen’s Bench, the Manitoba Court of Appeal and the Ontario Superior Court of Justice.

Education, Academic Awards and Distinctions

• University of Manitoba, LL.B, 1994
• University of Winnipeg, B.A., 1989
• Confederation College of Applied Arts and Technology (Thunder Bay, Ontario) Diploma in Industrial Relations, 1980
• Frederick J. Turner Prize, Highest Standing Conflict of Laws, 1994
• Jessup Cup International Law Moot Competition. Selected member of the team that represented the University of Manitoba Law School in the Canadian round of the competition, 1993 – 1994
• Soloman Greenberg Legal Moot competition, Finalist 1993
• Oscar Wilder Memorial Prize, Highest Standing Constitutional Law (Shared), 1992

Call to the Bar

• Manitoba, 1995

Related Experience

Dominion Bridge Western Canada Inc. 1980 – 1991, Manager of Human Resources 1984 – 1991. Extensive experience in collective bargaining with various unions and management of human resources in both union-free and multi-union environments.

Publications

• Negus, D.P. Whatever Happened to Just Cause? Upword: A Publication of The Winnipeg Construction Association. December 2004.
• Negus, D.P. The Personal and Financial Plan of Workplace Safety. Upword: A Publication of The Winnipeg Construction Association. Winter/Spring 2001.
• Persico, J., Bednarczyk, B.L., & Negus, D.P. (1990). Three routes to the same destination: Total Quality Management, part 1. Quality Progress, 23 (1), 29-33.

Presentations

• Employee Surveillance – An Industrial Relations Hot Button
• Discipline & Termination of Employees
• Understanding Labour Jurisdictions in Aboriginal Communities
• Employment Law Considerations – Buying or Selling a Business in Manitoba
• Sexual Harassment and Racism in the Workplace - Presentation to the Employee Relations Committee of the Alliance of Manufacturers and Exporters
• Employee Participation and Changing Corporate Culture - Presentation to Total Quality Management Conference, Toronto, Ontario
• The Role of the Union, Management and the Consultant in a Quality Transformation Effort - Presentation to the 43rd Annual Quality Congress, Toronto, Ontario

Representative Transactions

• Successfully acted for a major primary manufacturer before the Manitoba Labour Board to conclusively resolve that persons who had been providing trucking services to the client for over 20 years were not employees and, therefore, not entitled to union certification and the right to collective bargaining
• Advisor to major employers, not for profit corporations, First Nations and small business in respect to human resource issues arising from downsizing, restructuring and closure
• Successfully acted as legal counsel for an affiliated company of one of Canada’s largest chartered banks in respect to a claim of constructive dismissal initiated under the Canada Labour Code
• Acted as lead counsel for major employers in the negotiation and litigation of wrongful dismissal claims
• Represented employers in respect to the issues arising from strike and lock-out, including successfully obtaining injunctions to restrain picketers from blocking entry and exit from client worksites
• Regularly acting for employers in labour arbitration of a wide variety of disputes arising under collective agreements
• Extensive collective bargaining experience as chief spokesperson for the employer in both the manufacturing and construction sectors

Professional Associations

• The Law Society of Manitoba
• Manitoba Bar Association
• Canadian Bar Association

Business Affiliations and Activities

• Hospice and Palliative Care Manitoba, Member Board of Directors
• The Canadian Corps of Commissionaires Manitoba Division, Member Board of Governors and Honourary Solicitor
• Misericordia Health Centre, Member Board of Directors, 2001 - 2008
• Prairie Theatre Exchange Inc., Member Board of Directors, 2004 - 2008
• Winnipeg Chamber of Commerce, Labour and Employment Legislation Task Force, 1995 – 1996
• Government of Manitoba Labour Management Review Committee, Steering Group, 1989 – 1991
• Human Resources Management Association of Manitoba, Senior Executive Group, 1988 – 1991