David Negus

Partner

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contact

Office: Winnipeg

Main: (204) 957-4604

Fax: (204) 957-4256

Services provided by D P Negus Law Corporation

Education & Qualifications

  • Manitoba Bar (1995)
  • LLB (Manitoba, 1994)
  • BA (Winnipeg, 1989)
  • Industrial Relations Diploma (Confederation College, 1980)

David practises exclusively in the areas of labour and employment law, representing a wide variety of employers in sectors ranging from manufacturing to logistics and retail to First Nations.

  • Successfully acted as lead counsel before the Manitoba Labour Board in what has become the leading Manitoba case distinguishing independent contractors from employees.
  • Extensive collective bargaining experience as chief spokesperson for the employer in both the manufacturing, construction and retail sectors.
  • 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.
  • Regularly acts for employers in labour arbitration of a wide variety of disputes arising under collective agreements.
  • Acted as lead counsel for major employers in the negotiation and litigation of wrongful dismissal claims.
  • Successfully acted for a major primary manufacturer before the Manitoba Labour Board to conclusively resolve that persons who had been providing trucking services for more than 20 years were not employees and, therefore, not entitled to union certification.
  • Adviser to major employers, not-for-profit corporations, First Nations and small businesses with respect to human resource issues arising from downsizing, restructuring and closure.
  • Successfully 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.

David’s practice focuses on providing advice and advocacy on labour, employment and human rights issues in both non-union and unionized workplaces including:

  • collective bargaining and collective agreement interpretation and administration
  • labour arbitration
  • union certification
  • Labour Board applications, both provincial and federal, including defending against alleged unfair labour practices
  • employee discipline and termination
  • issues arising from corporate reorganization and downsizing
  • drafting and interpretation of employment agreements
  • human rights matters, including discrimination, accommodation and harassment allegations

Past Positions

Dominion Bridge Western Canada Inc.:

  • Personnel Supervisor (1980-1991)
  • Manager of Human Resources (1984-1991)
  • Member, Board of Governors and Honourary Solicitor, The Canadian Corps of Commissionaires Manitoba Division (1999-2017)
  • Member, Board of Directors, Hospice and Palliative Care Manitoba (2005-2011)
  • Member, Board of Directors, Misericordia Health Centre (2001-2008)
  • Member, Board of Directors, Prairie Theatre Exchange Inc. (2004-2008)
  • Member, The Law Society of Manitoba
  • Member, Manitoba Bar Association
  • Member, Canadian Bar Association
  • Provincial Contributor, “Union Certification Manitoba,” Practical Law Canada (2016-present)
  • Presenter, “Employment Law Roundup,” CPHR Legislative Review (May 2018)
  • Presenter, “Marijuana in the Workplace,” Client In-house Presentation (August 2018)
  • Presenter, “How to Succeed at Discipline & Discharge – Without Really Trying,” Client In-house Presentation (October 2018)
  • Presenter, “Duty to Accommodate 101 (Or How to Stop Worrying and Love Disability Management),” MLT Aikins Client Seminar (November 2017)
  • Provincial Contributor, “Manitoba Questions & Answers Health and Safety Accident Reporting and Government Investigation,” Practical Law Canada (2015-present)
  • Presenter, “Sex, Lies & Social Media,” The Human Resource Management Association of Manitoba Westman (May 2016)
  • Presenter, “Restrictive Covenants in Employment Law: Perspective from the Bar and the Bench”, Manitoba Bar Association 2015 Mid-Winter Conference (January 2015)
  • Presenter, “Legislative Review and Employment law Trends”, The Human Resource Management Association of Manitoba (2014-2016)
  • Presenter, “Employment Terminations the Good, the Bad & the Ugly”, Manitoba Municipal Administrators Association (April 2014)
  • Presenter, “Sex, Lies & Social Media – Part 1,” The Human Resource Management Association of Manitoba (May 2013)
  • Author, “The Best of Times and the Worst of Times: Why Employers Should Utilize Employment Contracts” (April 2015)
  • Author, “Do You Know What Your Employees Are Doing With Their Work-Issued Laptops?” Municipal Leader (April 2013)
  • Recognized in Best Lawyers, Labour and Employment Law (2020)
  • Martindale-Hubble Peer Reviewed BV – Distinguished with respect to legal ability and ethical practice