THE EMPLOYERS' EDGE
Procedural Fairness in Volunteer Dismissals: Lessons from Hannan v. Scouts Canada
In a significant employment law ruling, the Ontario Superior Court of Justice in Hannan v. Scouts Canada, 2024 ONSC 5361, addressed the issue of procedural fairness in the dismissal of volunteers. The decision sets an important precedent for organizations and raises critical questions about the rights of volunteers in Canada.
Background of the Case
Mr. Hannan was a dedicated volunteer with Scouts Canada since 1958. In November 2023, he was informed by the Group Commissioner that his status as a volunteer would not be renewed. Scouts Canada justified their decision by alleging safety concerns and Mr. Hannan’s resistance to program adaptation but did not provide him with a formal hearing or an appeal process. Mr. Hannan challenged the decision and argued that the concerns had never been brought to his attention.
The Court’s Decision
The Ontario Superior Court ruled in favour of Mr. Hannan, emphasizing that organizations must adhere to their own disciplinary and dismissal policies when dismissing volunteers. The Court awarded Mr. Hannan’s legal costs of $50,372. The key findings included:
- Contractual Relationship with Volunteers: The Court found that Scouts Canada had a contractual relationship with its volunteers, based on structured policies and mutual obligations.
- Breach of Internal Policies: Scouts Canada failed to adhere to its own disciplinary and performance management procedures when it failed to provide Mr. Hannan with an opportunity to respond to the alleged concerns, which was inconsistent with its established policies.
- Wrongful Termination of Volunteer Status: The Court determined that the non-renewal of Mr. Hannan's position, based on unproven allegations, was wrongful and lacked fairness.
Implications for Organizations
This ruling underscores the necessity for organizations to have clear and fair policies in place for managing volunteers. To ensure compliance, organizations should consider taking the following steps:
- Establish Transparent Policies: Clearly outline volunteer roles, expectations, and the grounds for dismissal in well-documented policies.
- Ensure Procedural Fairness: Volunteers should have a meaningful opportunity to respond to any allegations before termination decisions are made.
- Maintain Consistency: Apply internal policies uniformly to prevent claims of unfair treatment or potential damage to the organization’s reputation.
- Consider Mediation: Before deciding on dismissal, organizations should look into mediation or other conflict resolution methods to address any concerns effectively.
Looking Ahead
The Hannan v. Scouts Canada decision serves as a cautionary tale for organizations across Canada. As volunteerism plays a vital role in many sectors, ensuring fairness in volunteer management is critical to maintaining trust and accountability. CCPartners can assist organizations with reviewing and strengthening their volunteer policies to align with this ruling and uphold principles of fairness and transparency.
For volunteers and organizations alike, this case is a reminder that procedural fairness is not just a workplace standard—it’s a fundamental principle that extends to all forms of service.
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