THUNDER BAY -- A Thunder Bay judge dismissed a claim for damages filed against the Whitesand First Nation by the former chief of the community's volunteer fire department.
Jermaine Nodin served as chief for nearly four years before he was relieved of his duties in February, 2016, with no warning and no explanation given.
He sued for $25,000 in compensation for breach of contract of employment.
Evidence submitted during the trial indicated that the Whitesand band council had decided that the fire chief should be present in the community. While serving as chief, Nodin was attending classes at Confederation College in Thunder Bay five days a week from September to April, returning home on weekends.
In a decision released in May, Deputy Judge Kevin Cleghorn of the Small Claims Court said the council was justified in requiring the chief to be on site in the community, but the decision —made after a new council was elected in late 2015—"could and should have been handled in a dramatically different manner with Mr. Nodin."
The judge said he was "not satisfied that Mr. Nodin deserved to be treated in the manner that he was treated," and added "I find that he performed his services admirably and effectively."
He noted that he had never received any negative performance reviews or reprimands, and there was never any indication given that the band council had concerns about Nodin's performance.
However, he dismissed the former fire chief's claim on the basis that there were not enough criteria to justify concluding that the parties had an employer-employee relationship.
As such, the judge said, there was no legal obligation to require notice, or pay in lieu of notice, at the time of Nodin's dismissal.
