Former First Nations Tax Administrator Awarded Two Years’ Notice and $50,000 in Constructive Dismissal Case

The Osoyoos Indian Band recently made headlines as one of the first First Nations tax administrators in Canada, Melinda Nunez-Shular, was replaced by a junior hire in a controversial decision. Nunez-Shular, who had been with the band since 1999 and was one of the first certified First Nations tax administrators in the country, was constructively dismissed and awarded two years’ notice plus $50,000 in a recent court decision.

The court found that the band had replaced Nunez-Shular with a significantly junior employee after she was forced to take a medical leave. Constructive dismissal occurs when an employer forces an employee to resign by making significant, unacceptable changes to their employment terms or creating a hostile work environment, effectively forcing them to quit.

Despite Nunez-Shular’s long history with the band and her expertise in property taxation, she was demoted to a tax officer and had her responsibilities split with the junior hire. The court also noted that she was placed in a temporary workstation without access to essential tools for several weeks.

In addition to the 24-month notice awarded to Nunez-Shular, the court also granted her an additional $50,000 in aggravated damages due to the band’s failure to act in a candid, reasonable, honest, or forthright manner. The decision highlighted the band’s lack of good faith and fair dealing in the dismissal process.

Overall, the case sheds light on the challenges faced by First Nations employees in the workplace and the importance of fair treatment and respect for employees’ rights.