RED PHEASANT — A number of fired Red Pheasant Cree Nation bus drivers have been successful in a lawsuit against the reserve’s education authority.
Justice David Gerecke made the summary judgment ruling in Queen’s Bench court Feb. 8.
The case had been filed by six former Red Pheasant bus drivers against Red Pheasant Cree Nation and the Red Pheasant Education Authority. Kellie Wuttunee represented the plaintiffs in the case.
The bus drivers were, according to the court ruling, independent contractors. The legal dispute centred on whether the defendants had been entitled to terminate contracts early with the bus drivers.
According to the court ruling document, the education authority had purported to terminate the bus drivers’ contracts on 60 days notice. The drivers were sent a letter dated Sept. 21, 2020 terminating their contracts.
According to the court, the defendants “unilaterally decided to get out of using independent contractors who supplied their own buses,” and created their own fleet. The authority purchased vans which it would own, maintain and control, and advertised to hire bus drivers soon after the terminations.
In the end, the judge found that the defendants did not have justification under Clause 7(c) of their busing contract to terminate their contract early with the drivers.
Red Pheasant Education Authority had justified the move as due to the COVID-19 pandemic and the subsequent shutdown of the school, and new COVID-19 protocols that had come in. They also pointed to their financial situation as a reason, according to the court document.
However, Judge Gerecke noted the defendants “did not stop busing. They immediately turned to hiring new bus drivers. They bought their own vehicles. They have made no attempt to ascertain whether the plaintiff could comply with new COVID-19 protocols, nor to determine whether any cost savings could be achieved within the framework of the contracts.”
The judge added that if “busing services were needed, they were to be provided under the contracts. Irrespective of their financial situation (which was unproven), the defendants could not simply create a new 'in-house' busing model and escape their obligations under the contracts beyond a 60 days’ notice."
The judge ruled the plaintiffs were entitled to be paid their ordinary compensation through to the expiration date of Sept. 1, 2024.
A damage award is still to be determined and that assessment will be made in chambers. The plaintiffs had also sought punitive damages, but that claim was dismissed.
The ruling has been met with encouragement from those supporting the bus drivers. Sandi Arias posted this on Facebook: “Victory today for Red Pheasant bus drivers! They won their claim and everything in their claim! Amazing work from Wuttunee Law and incredible strength from the people behind it. One step forward to putting the power back into the hands of the people of my home community. Meewasin!!”
