Can a Fired Volunteer Get Their “Job” Back?

© Kelly VanBuskirk, KC         Kelly@VanBuskirklaw.ca

Many not-for-profit organizations rely on volunteer work. Sports organizations, churches, community food banks, service groups, community arts clubs, and others depend on members who do their important work without pay.  But what happens when an organization wants to “fire” a volunteer?  Does the volunteer have any legal rights?

Traditionally, the answer to this question has generally been “no”.  As a recent example, in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26 (CanLII), the Supreme Court of Canada analyzed the question of court jurisdiction in a dispute between a church and one of its members. Amongst the considerations is the issue of “justiciability”, which assesses the appropriateness of the subject matter for a court to decide. This analysis questions the legitimacy and institutional capacity of the courts to address internal issues such as religious doctrine.  In Highwood, the SCC concluded that the member’s dispute was not justiciable and could not be brought before the courts.  Further, and very practically, in most volunteer circumstances, there is no contract between the volunteer and the organization and no monetary damages to fight over.

In September 2024, the Ontario Superior Court elevated not-for-profit organizations’ legal risks.  The case of Hannan v. Scouts Canada, 2024 ONSC 5361 (CanLII), https://canlii.ca/t/k724r asserts that, in some situations, a volunteer can take legal action for being “fired”.  It is a case involving a long-serving Scouter.  Mr. Hannan was 86 years old and had been active in Scouts Canada for more than 60 years when he was told that he could no longer serve in his position.  Scouts Canada alleged that Mr. Hannan was fired because he had violated its Code of Conduct by being disrespectful and obstructive toward two senior managers of the organization, and by berating youth members.

Since most volunteer organizations can likely imagine a circumstance similar to Mr. Hannan’s, it is helpful to review the way that Ontario Court was able to rule in his favour.

 Contractual Relationship and Jurisdiction

The Court concluded that the relationship between Scouts Canada and its volunteers is contractual in nature and, therefore, attracts judicial oversight. Key aspects of the organization’s relationship with its volunteers include:

• Scouts Canada’s incorporation ties membership to volunteer status.

• Volunteers are required to commit to a formal structure and must adhere to the Scout Law and Code of Conduct.

• Scouts Canada promises its volunteers fair treatment, training, and procedural support through established policies.

• The organization's processes and policies impose binding obligations on both volunteers and Scouts Canada to ensure fairness and prevent arbitrary decisions.

Wrongful Termination

The Court concluded that the termination of Mr. Hannan’s volunteer role was wrongful because Scouts Canada had failed to follow its disciplinary and procedural policies. This resulted in Mr. Hannan being denied the opportunity to respond to concerns or challenge the allegations made against him.

Judgment and Remedy

Although there were no monetary damages available to Mr. Hannan, the Court did award the following remedies:

1. Declarations:

• The Court issued a declaration that Mr. Hannan’s termination was arbitrary and discriminatory, with no evidence of misconduct.

• The Court also declared that Scouts Canada had failed to provide Mr. Hannan with the procedural fairness prescribed under its policies.

2. Mandatory Order: It was ordered that Scouts Canada must process any new volunteer application from Mr. Hannan expediently and in good faith.

3. Costs Awarded: Mr. Hannan was awarded $50,372 in legal costs on a substantial indemnity basis.

 Conclusion and protective steps

The Hannan case is a warning to not-for-profit organizations.  It indicates that:

a.      While most volunteers will have very limited access to the courts if “fired”, some circumstances will attract legal rights that can result in court action.

 b.      Organizations that use policies and internal rules as a means of creating a contractual relationship with volunteers have higher legal risks.

In order to protect themselves from a Hannan-style legal action, not-for-profit organizations should:

·         Clearly outline the terms of their volunteers’ status in writing;

 ·         Follow their own internal rules and policies before removing a volunteer from their position; and

 ·         Be aware of the legal risks and don’t assume legal protection.