Canadian HR Reporter

CANADIAN HR REPORTER October 5, 2015 EMPLOYMENT LAW 5 Jeffrey Smith Legal View RECRUITING FINANCIAL PROFESSIONALS? O er positions to over 190,000 Members Highly targeted advertising Immediate matching resume database access FOR MORE INFORMATION, cpacanada.ca/CPASource TELEPHONE•416 204 3284•EMAIL•TGardiner@cpacanada.ca 14-126a_EN_CPAsource_fullpagead_9.625x7.indd 1 10/8/2014 3:40:37 PM B.C. church must pay pastor more than $80,000 for wrongful dismissal 'Ad hoc' committees, performance evaluations weren't in church bylaws e British Columbia Supreme Court has awarded a pastor more than $80,000 after he was wrongfully dismissed from a Van- couver church. e Vancouver Chinese Baptist Church (VCBC) is an 800-mem- ber church and society in Van- couver. e church is governed by a set of bylaws that set out how members should lead their lives — "exemplary Christian" — and the process for appointing pas- tors and dealing with various is- sues. e bylaws don't address the procedure for the removal of a se- nior pastor other than requiring a membership vote. In late 2010, the VCBC was looking for a new pastor to lead its congregation. In November 2010, it extended an offer of its senior pastor position to applicant Rev. Yiu Chuen Kong, who was living in China at the time. e offer was to start in the position on Jan. 1, 2011, for a 12-month "adjustment period." After this period, if both Kong and the VCBC determined he was suitable, the position would become permanent. In ad- dition, the VCBC offered to "try every effort to assist you to settle in Vancouver." e VCBC had a staff hand- book that included a "covenant contract" for pastoral staff that reiterated the one-year period to determine "mutual suitability." This contract provided for an automatic continuation of em- ployment following this one-year period unless either the church or staff member terminated the employment. e one-year period elapsed without any problems and Kong became the permanent senior pastor of the church. Tensions between pastor, others in church leadership By late 2012, however, tensions arose between Kong and the VCBC's two associate pastors over managerial and commu- nications issues. e personnel committee met with the deacons and decided to form a small group consisting of two members from each to meet with each of the as- sociate pastors and Kong. When the small group met with him, he was told the person- nel committee was considering performance appraisals for him and the associate pastors in order to provide feedback to all staff. Kong felt he shouldn't be included in such appraisals. e personnel committee met on Dec. 20, 2012, and agreed to in- stitute performance appraisals for the pastors, including Kong. Con- cerns were discussed that he had "problems with integrity, honesty and character traits." is also led to a reconciliation meeting on Jan. 12, 2013, that in- cluded Kong, the associate pas- tors, some deacons and certain members of the VCBC personnel committee. It was decided the person- nel committee would establish a monitoring system where each pastor would be talked to regu- larly over three months to see if the reconciliation was working. It was also determined that each of the pastors needed to continue to work on reconciliation and that observations of their progress would be placed in the confiden- tial file of each. Kong took exception to the monitoring system and refused to participate in it or any further meetings. He also disputed the personnel committee's authority to dispense discipline or any other measures regarding his job, accus- ing them of "false accusations and bullying." On May 15, 2013, the two as- sociate pastors resigned, causing much concern within the VCBC membership. Kong sent a letter expressing concerns over how things had been handled, which was shared with the full member- ship. As a result, a "leaders group" was established to review his suit- ability to be the senior pastor. On June 11, the leaders group met with the personnel commit- tee and deacons to evaluate Kong. ey reviewed criteria such as character, competency, compat- ibility, leadership, communication and relationship, and concluded he was "absolutely not suitable to continue to be the senior pas- tor." e next day, Kong was told of the decision and that he would be given an opportunity to resign if he wished. e reverend said he would give his answer on June 14. However, instead of giving an answer, Kong provided a doctor's note stating he would be "unable to work for the next three weeks due to medical illness." e church leaders offered to meet with him on July 9 — after the end of the three-week medical leave — to consider any issues he wanted to raise in advance of the full mem- bership meeting on July 14. On July 4, Kong provided an- other doctor's note that said his sick leave should extend for an- other three months. e church leaders decided to continue with the full membership meeting any- way and invited him to submit a written statement on his behalf. Kong did not do so and the full membership overwhelmingly vot- ed to terminate his employment at the end of his sick leave on Oct. 4. The dismissal was without cause, though some indicated it was because he was not "a good shepherd" for the congrega- tion. Kong was provided with six months' severance pay. Kong filed a human rights UNDULY > pg. 17

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