Director stepped down after learning of complaints but later said he wasn't given proper training
A Quebec police official’s resignation was not a spontaneous decision and his employer was entitled to accept it, the Canada Arbitration Board has ruled.
Tommy Grant was the director of police for the Cree First Nation Band of Waswanipi in Northern Quebec. Grant had been a police officer with the band before he became the director in 1998.
On Jan. 19, 2009, a meeting was held to discuss the financial situation of the department. Grant, the band chief, the director general and nine police officers attended the meeting. It was announced the department had a financial deficit and it would have to try to stay within the budget. The police were asked for recommendations on how to fix things.
Three days later the police officers presented the band leadership with a letter outlining their suggestions. The letter stated Grant’s leadership was weak and he wasn’t working “in a professional context.” The officers listed a number of complaints about Grant, including unprofessionalism and a lack of qualifications for the job.
The band asked Grant to provide a structural plan to operate with the remaining budget and a proposed budget for the following year by Feb. 13, 2009. He was also asked to discuss with members of the department ways to work within budgetary expectations. If he didn’t provide the plan, the council said it would discuss his employment. The council also said it was concerned with the criticism it had received and that he hadn’t co-operated with the council on the budget to that point.
The chief and director general met with Grant on Feb. 5 to discuss the officers’ concerns, but Grant said he didn’t want to talk about it. They testified he told them they wanted to get rid of him and he wanted to step down to a regular police position. They tried to clarify that wasn’t their intention but he walked out of the meeting. The next day, the band sent Grant a letter accepting his offer of resignation and moved him to the position of regular officer.
On April 22, 2009, Grant wrote to the band’s director of HR and said its decision to dismiss him was not fair or legal. He claimed the band should have given him proper training and assistance so he could improve and he wanted to resume his duties as police director.
The band denied his request for reinstatement was denied and Grant filed a complaint for unjust dismissal. However, he continued to work for another year before leaving for another job.
The adjudicator found Grant was aware of the complaints of the officers by the Jan. 22 meeting, which made it unlikely his walking out on Feb. 5 was a spontaneous and completely emotional reaction. It was evident to the adjudicator he had already concluded the band was trying to get rid of him.
The adjudicator also found Grant accepted the demotion by working in the lower position for two-and-one-half months before saying anything. He also continued in the job after his request for reinstatement was denied.
