Former BC Nurses Union sue for wrongful dismissal.

VICTORIA -- The turbulent relationship between Catherine Anne Ferguson, former president, and council of the B.C. Nurses Union can be heard in a trial, the B.C. Supreme Court determined. The Court had to determine whether a president elected twice by convention was an "office-holder" or an "employee" of the BCNU. Justice J.S. Sigurdson determined that Ferguson was qualified as an employee.

In 2000 Ferguson, was early into her second and final term as president, having been reelected by the convention. Her relationship with the council that governs between conventions was a turbulent one. Catherine Ferguson, after more disagreements with the council, resigned. She then initiated a suit for wrongful dismissal claiming the behavior of the council as a group and the individual members created an intolerable working situation and amounted to a fundamental breach of contract and a constructive dismissal. The union argued that a salaried office holder had no employment contract.

She appealed the ruling and Justice Sigurdson determined that Ferguson, despite her elected status, was an employee. She was paid a salary and the Council has significant power to direct the president's activities. Though council could not directly remove her as president they had the power, which they threatened to use, to remove her membership in the BCNU, which would have made her immediately ineligible for the office of president.

Several precedents were cited in which elected union officials had gained the right to sue for wrongful dismissals

While acknowledging Fergeson's right to sue, Judge Sigurdson wrote, "I urge the parties to take steps to fully explore a resolution of their dispute short of a full trial."