Michael Penner
Partner – Vancouver Office
Michael has practiced labour and employment law for over 20 years.
Michael is a labour arbitration specialist and has enjoyed a success rate over 90 percent to date. He has successfully resolved hundreds of grievances in both the private and public sectors.
He is also a specialist in Northern law, having served clients in Nunavut, the Northwest Territories and the Yukon since 2001. Mike understands the unique environment faced by both employers and employees in the North and he tailors his services to successfully navigate those challenges..
Michael is a seasoned litigator but sees himself ultimately as a problem solver. He works with each client to understand what issues require resolution and then determine the best strategy to optimize the return on investment. As a qualified arbitrator, he has expanded his legal acumen to adjudicate employment disputes fairly and expeditiously. He is also a regular contributor to the Canadian Human Resources Reporter and frequently presents at employment law conferences.
A native of BC, Michael continues to apply his legal skills for clients across the province. His practice is predicated on sound strategy and dogged determination, a skill set he has developed through playing competitive rugby for over 40 years.
AREAS OF PRACTICE
- Wrongful dismissal/terminations
- Grievance adjudication
- Arbitration
- Labour and employment disputes
- Civil litigation
NOTABLE CASES
Nunavut v. Nunavut Employees Union (Cowx) [2011]
- Grievor had resigned due to failure of employer to investigate his harassment claim. Michael successfully argued for damages and wage loss attributable to the foreseeable outcome of the employer’s inaction. Michael also successfully defended the arbitration award at a judicial review.
Mallon v. Town of Norman Wells [2021]
- Representing the Town, Michael and his co-counsel successfully applied for a summary dismissal of Mallon’s defamation claim on the basis that the statements made were protected by privilege.
Northwest Territories (Department of Justice) v. Public Service Alliance of Canada (MC Grievance) [2010]
- Michael successfully argued for the reinstatement of a terminated corrections officer who had been convicted of assault.
Northwest Territories v. Public Service Alliance of Canada (Hodgson) [2021]
- Michael defeated an Employer’s motion to dismiss the arbitration for the Union’s failure to provide specifics about the grievance. Michael successfully demonstrated that the Employer failed to conduct an investigation and could not rely on their own inaction as the basis for their objection.
Northwest Territories Power Corporation v. Public Service Alliance of Canada (Shahi) [2021]
- The Employer had fired an injured employee based on its erroneous presumption that he was medically fit for work despite a lingering injury. Michael successfully revealed that the Employer deliberately ignored compelling medical evidence. The employee was reinstated and was then able to claim long term disability benefits.
Hay River Health Authority v. Public Service Alliance of Canada [2024]
- Michael appeared in the NWT Supreme Court to successfully defend the arbitrator’s award from a judicial review. Michael convinced the Court that the arbitrator was correct in applying the strict language of the contract rather than relying on outside evidence to interpret the plain wording in a way more favourable to the employer’s position.
EDUCATION AND CREDENTIALS
- BA with Honours, History – University of Victoria 1993
- MA, International Relations – Norman Paterson School of International Affairs 1995
- LLB, University of Victoria 2000
- Member of the BC, Yukon, NWT and Nunavut Bars