Contractor fights for permanent job offer

Contract employee argued employer's decision to make him permanent was a job offer
|Canadian Employment Law Today|Last Updated: 03/20/2013

This instalment of You Make the Call features a dispute over whether a contract employee had become a full-time employee or not.

Dean Fontaine was an advisor on security, gang prevention and policing issues in the national chief’s office for the Assembly of First Nations, the national delegated forum for First Nations in Canada. Fontaine’s employment consisted of a series of short-term contracts of varying lengths, starting in 2005. Sometimes he received notice that his current contract was being renewed and sometimes he received a new contract.

On June 12, 2009, the AFN’s national executive considered moving Fontaine to permanent employment status. This issue was put off until the next meeting on July 19, when a motion was passed to offer him permanent employment. There was concern over funding, so there was some dispute over whether the offer should be dependent on funding.