Dismissal not unjust if employee didn’t meet requirements: Adjudicator

Employee was hired with understanding she would take courses towards accounting designation
|Canadian Employment Law Today|Last Updated: 04/26/2012

A British Columbia First Nations government did not unjustly dismiss an employee by demoting her because the employee didn’t fulfil the terms of her employment agreement, a Canada Labour Code adjudicator has ruled.

Angela Percival was hired by the Nisga’a Lisms Government in New Aiyansh, B.C., to be an assistant controller on Aug. 1, 2007. The position required a professional accounting designation and the employee policy manual for the Nisga’a Lisms stipulated employees must continue to meet their stated job requirements as a condition of employment.

Percival didn’t have an accounting designation but she was hired on the condition that she would obtain it, upon which she would receive a salary increase. She was expected to attain the designation within two years and the Nisga’a Lisms paid for some accounting courses to get her started.