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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98907
Experience:  Lawyer
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I have a Secondment Contract from my home organization to a

Customer Question

I have a Secondment Contract from my home organization to a host organization from October 1, 2010 to September 30, 2016. The host organization terminated my contract on July 29, 2015 without just cause...stating "lack of leadership" but did not provide me with any misconducts or performance violations. My personnel file is absolutely clean without any written or verbal disciplinary action plans or performance improvement plans. In the 5 years that I have been with this organization, I have a clean performance record and had not anticipated anything like this happening. My contract states..."The host organization will review the performance of the secondee on a yearly basis". They have never provided me with even one performance review in the past fie years! I believe that the host organization has breached the terms of the contract and upon my returning to my home organization they will not have a performance record to explore my placement possibilities. I do not belong to a union as my home community does not have one but the host community does which I could not be part of therefore, had no support to defend my termination. The host organization has a "collective agreement" that outlines to " due process" when terminating an employee. This process was not used and I was lied to the day they called the termination meeting which was effective immediately. I was told it was a meeting regarding another matter. So I was totally shocked and stunned as I was escorted back to my office to collect my personal belongings with a security guard in tow. They took my keys, laptop, cellphone and asked for my passwords for each which I gave. I felt totally humiliated and was treated like a criminal. My contract also states...The employing authority of either party or the Secondment Participant may terminate on thirty (30) days written notice to the other parties" so they are paying me 30 days pay in lieu of notice. I strongly believe that I have a case for breach of contact and unjust dismissal.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Were you an employee?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I am a "seconded" employee of the host organization while I am with them...
Customer: replied 1 year ago.
But as an employee, yes, of my home organization...a long term employee!!
Customer: replied 1 year ago.
I have been in the field of education for over 30 years and have never encountered anything such as this. I have worked at three levels of government...federal, provincial and First Nation...
Customer: replied 1 year ago.
I am also an Aboriginal female who had to work with all non-Aboriginal senior management...
Customer: replied 1 year ago.
My Aboriginal Dean whom I began working for was basically forced out of her job so she left 2.5 years ago leaving me to also take on Dean duties which I did as well as being responsible for my own duties and administration of approx. 40 staff and 14 different programs along with sitting on numerous committees.
Customer: replied 1 year ago.
A new Dean has now been hired, and came on board July 6, 2015. He is Aboriginal but not from Manitoba. I believe his first order of duty was to get rid of me....which he did on July 29, 2015, letter of termination, signed off only by him with no cc's to anyone else in the College...They wanted to have an Aboriginal Dean fire an Aboriginal Chair while they sat back and watched and coached the whole process take place.
Customer: replied 1 year ago.
According to the McLean article, Winnipeg is the most racist city and why would any non-Aboriginal person dare get rid of an Aboriginal person without just cause, but perhaps make it look better if an Aboriginal person terminated another Aboriginal person. How sweet!! and if " I lacked leadership" why wasn't it recorded and worked on so at least I would know the situation but nothing....
Expert:  Debra replied 1 year ago.

I am not clear about one thing, I understand who your employer is but they are not the ones who actually terminated the contract are they?

In other words, the contract was terminated by the host organization, right? And, if so, who actually is contracted to the host organization? Is it your home organization?

Customer: replied 1 year ago.
I will call you tomorrow but I would like you to do some homework before we talk...check out Red River College in Manitoba to see how many senior managers they have walked out of there in the past three years and it continues....
Expert:  Debra replied 1 year ago.

I am not able to speak on the phone nor am I going to be able to do any homework. That is not how the site operates.

But if you want to reply back to me tomorrow and explain what I am asking about that is certainly fine.

Customer: replied 1 year ago.
My contract was terminated by the host organization and yes my home organization is contracted to the host organization.
Expert:  Debra replied 1 year ago.

So that is where the problem lies. Is the home organization willing to sue the host organization and is your home organization paying you as an employee still?

Customer: replied 1 year ago.
As far as I understand, I am still an employee of my home organization and they have to place me but do not have any performance reviews to do my possible placements because host has breached the terms of the contract and no performance reviews are available?
Expert:  Debra replied 1 year ago.

Your home organization must address that as you don't have a contract with the host organization and so it will be very hard for you to sue them successfully.

And you cannot sue your home organization because you have a union. So what your best next step would be is to consult with your union rep and ask for the union's help in pressuring your employer to take steps to deal with the host organization so you are not hurt by their breaching the contract.

And don't let the union say there is nothing they can do as they owe you a duty of fair representation.

Customer: replied 1 year ago.
My home organization does not belong to a union as stated above so I am not represented by any union!!
Customer: replied 1 year ago.
OMG...I think the whole point was missed!!!
Expert:  Debra replied 1 year ago.

The whole point is not missed. I misread part of what you wrote but your posts are terribly long and hard to follow.

So you can sue your own employer if you are harmed by them but you cannot sue the host organization.

Your employer owes you a duty of care and so has to do whatever is necessary to ensure that your reputation and your career are left intact.

Customer: replied 1 year ago.
OMG...I was not harmed by my own organization!!! I was harmed by the host organization by wrongful dismissal and breach of contract???
Expert:  Debra replied 1 year ago.

You are not understanding what I am saying. I have tried to explain that as you are an employee of your own organization and not of the host organization you cannot sue the host organization. Their contract, from what I gather based on your answers to me, is with your own organization and your contract is with your own organization.

If that is the case and you were not an employee of the host organization you cannot sue them. You need to get your own organization to redress this.

If you don't understand this still I will opt out and let someone else try.

Customer: replied 1 year ago.
please refer me to another lawyer for a second opinion.
Thanks. I will await another response from someone else.

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