Legal News

First Nations Band Administrator Dismissed For Dishonesty

A band council had just cause to dismiss an administrator because of her attempt to cover up an attempted fraud by one of her subordinates, a federal adjudicator has held.

The administrator and a day care manager from her department purchased furniture which they claimed was for the employer. The employer later found that the furniture had been purchased by the subordinate for personal use in his home. When questioned about the purchases, the administrator lied about the true nature of her subordinate’s involvement.

The employer terminated the administrator and the day care manager for cause. The administrator filed a complaint under Part III of the Canada Labour Code alleging unjust dismissal. The adjudicator upheld the dismissal on the grounds that the administrator was in a position of trust and that her dishonesty had irreparably destroyed the trust relationship with her employer.

Charlie – and- Cowichan Tribes, (Canada Labour Code Arbitration)May 15, 2007 (Grounds)