- Parties: The applicant was the Miawpukek Band (also known as Miawpukek First Nation). The respondent was Tracy Howse. 

- Subject Matter: The respondent was a member of the Miawpukek First Nation (MFN) and was employed by the MFN as director of the Training and Economic Development Department (TEDD). The MFN decided to terminate the respondent’s employment for cause following complaints and a workplace investigation. The respondent filed a complaint of unjust dismissal under the Canada Labour Code, 1985. An adjudicator upheld the respondent’s complaint and ordered her reinstatement to a different position within the MFN administration. The MFN sought judicial review of the adjudicator’s decision. A judge upheld the adjudicator’s determination that the respondent had been unjustly dismissed but held that the adjudicator had acted beyond his jurisdiction in ordering her reinstatement to a different position. The adjudicator ordered the respondent’s reinstatement to her position as TEDD director on certain conditions. The MFN sought judicial review of that decision. 

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court held that the adjudicator reasonably made the reinstatement decision, refused to give effect to the MFN’s argument on frustration of contract, and refused to award the respondent supplemental compensation. 

- Date: The hearing was set on Feb. 21, 2024. The court released its decision on Jan. 16, 2025. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court ordered the applicant to pay the respondent her costs on a solicitor-client basis.