Manitoba Inuit Association CEO's termination had 'no legitimate basis': wrongful dismissal lawsuit
CBC
The Manitoba Inuit Association's former CEO is suing the organization for wrongful dismissal months after he was terminated amid allegations of sexual assault.
Nastania Mullin says his dismissal in early November was "pretextual and without legitimate basis," and that he was not given the opportunity to respond to any allegations before he was terminated.
The association "purported to terminate the plaintiff 'for cause' but had no legitimate basis for such termination," a statement of claim filed with Manitoba's Court of King's Bench Wednesday says.
"The plaintiff's conduct did not constitute cause for dismissal at common law."
The Inuit association's board of directors announced Mullin's termination on social media on Nov. 7, saying it made the decision following an "intensive review" and that it had engaged an outside organization to conduct an "independent and trauma-based investigation."
That announcement came one week after an Ottawa woman told CBC News Mullin sexually assaulted her in Iqaluit more than 20 years ago.
CBC News has spoken with two other women who have filed police complaints involving Mullin. A Nunavut RCMP media spokesperson said on Jan. 8 the matter was still under investigation.
Mullin has not been charged. None of the allegations against him have been tested in court.
The allegations in his statement of claim have also not been tested in court.
The lawsuit alleges his dismissal did not follow proper governance procedures, saying there was no board meeting or resolution approving the decision, which was taken "unilaterally without proper corporate authority."
The association breached its duties by "falsely alleging cause for termination where none existed," according to the statement of claim, which argues it acted dishonestly and in bad faith.
"There exists an implied duty of honest performance in every employment contract," the statement of claim says.
"This duty requires that parties not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract."
The lawsuit said the association failed to provide Mullin with entitlements required by Manitoba's employment laws, or contractual severance of 2½ years' salary, benefits, bonuses and relocation expenses.
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