Ryan-Lewis v. Penticton Indian Band
Brent Ryan-Lewis
Law Firm / Organization
Kent Employment Law
Lawyer(s)

Kimberly Darling

Penticton Indian Band
Law Firm / Organization
Rush Ihas Hardwick LLP

Background:
Brent Ryan-Lewis sued the Penticton Indian Band (PIB) for wrongful dismissal after his employment as Band Administrator was terminated. PIB argued it had just cause, citing conflicts of interest and breaches of fiduciary duty, as well as allegations of misleading Council regarding a retroactive pay increase.

Legal Issues:
The key issues were whether PIB had just cause to terminate Ryan-Lewis and if he breached fiduciary duties by failing to disclose personal benefits tied to employment decisions. PIB claimed Ryan-Lewis acted in conflict by collaborating with the HR Director to secure a wage increase, misleading the Council about budget approvals, and withholding critical information from the Chief Financial Officer (CFO).

Court’s Findings:
The court found that Ryan-Lewis placed himself in a conflict of interest by coordinating his pay increase with a subordinate, failing to disclose that the Finance and Audit Committee (FAC) had not approved the wage grid or retroactive pay. The court ruled these actions constituted a breach of fiduciary duty, undermining trust with PIB and justifying dismissal.

Award and Costs:
The court awarded costs in favor of the Penticton Indian Band, although the specific amount was not detailed in the judgment provided. There was no monetary award in favor of Ryan-Lewis, as the dismissal was upheld as lawful and for just cause.

Supreme Court of British Columbia
S119829
Employment law
Defendant