Board bypassed own policies when suspending long-serving president, sparking legal battle
The Supreme Court of British Columbia recently dealt with an employment law case involving an elected president who also held an employment contract with his organisation.
The worker had served in his leadership role for nearly a decade before being placed on administrative suspension pending investigations into various complaints about his conduct.
The worker argued that his suspension was unlawful and unjustified, amounting to wrongful constructive dismissal.
He claimed the employer created a hostile work environment and made unilateral changes to his employment contract by limiting his duties as the senior officer responsible for general operation and administration.
The employer maintained the suspension was lawful and reasonable, arguing there were good reasons to investigate the worker for alleged conflicts of interest supported by a legal opinion from a law firm.
The employer is a governing body for approximately 4,000 Indigenous people operating under the Societies Act, with a governance policy manual setting out duties and oversight mechanisms for board members.
The worker was first elected president in July 2014 and re-elected three times, with the organisation growing from five employees to 55 employees across six departments by his fourth term in 2022.
During his final term, significant personality conflicts emerged...
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