Complaints, evaluations, notices and a firing

Native band employee fired after self-evaluation much higher than actual evaluation
|Canadian Employment Law Today|Last Updated: 09/22/2014

This instalment of You Make the Call features a First Nations band employee who contested her dismissal for poor performance.

Lina Williams was hired in October 1999 by the Alexis Creek First Nation, a First Nations band in the British Columbia interior, to be its drug and alcohol counsellor. In January 2006, she became the band’s education co-ordinator. Williams started the new position with a three-month probationary period.

On Nov. 21, 2006, Williams received a written notice for poor performance in a memorandum from the band manager. The notice indicated the band had concerns “in regard your competency and skills in fulfilling the tasks required of you” — such as failing to follow the band’s and national policies in making her decisions. The band manager stressed the importance of following policies and Williams responded that she was performing her duties “the way it’s been done in the past” — a reference to Williams’ close relationship with a band councillor who was her predecessor as education co-ordinator.