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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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This is actually a charity/not-for-profit question regarding

Customer Question

This is actually a charity/not-for-profit question regarding employment.
I am the Lead Pastor of a church and I have 8 staff who report to me (and I report to the Board). My wife used to be on part time staff at the church, but stepped down a few years ago due to conflicts with another staff member who had an overbearing personality. (Two other staff members have resigned in the past due to this same person). My wife has overcome her sense of intimidation and was prepared to come back on staff (our church is growing and our staff is increasing) and she tried to talk to the other staff member before starting, so she could smooth things out before restarting work, to avoid a repeat of the problem. In response the staff member in question resigned. I didn't accept her resignation at first and asked her to reconsider, but the following week she resubmitted her resignation and I accepted. One of our Board members is concerned that the former staff member could cause us problems by saying she was pushed out so I could employ my wife or that it is a conflict of interest for me to employ my wife (even though my wife is not doing the same job as the staff member, or anything remotely similar, and many churches employ both the pastor and his wife). I don't think there is any legal issue. Am I wrong?
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
When did she actually resign?Have you heard anything from her since?
Customer: replied 6 months ago.
She resigned on February 9th this year, I haven't heard anything from her; her children who are in their late teens and early 20's still attend the church and enthusiastically support the church (and feel that their mother was in the wrong), and I was contacted my EI to see if I objected to her receiving Employment Insurance (which I didn't), and my wife isn't actually coming back on staff until May - in a different department and capacity.
Expert:  Legal Ease replied 6 months ago.
I don't see that this is going to be a problem. If it is you would likely have heard from a lawyer about a wrongful dismissal suit. They would be alleging constructive dismissal. And that has not happened.As well, even if you were to hear from a lawyer and even if she sued you would win the lawsuit but likely she would agree to settle once she realized that she would not win.
Customer: replied 6 months ago.
Thats what I thought - thank you very much
Expert:  Legal Ease replied 6 months ago.
You are very welcome.Take good care.

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