An understanding and appreciation of employment protection for senior staff in local governments in New Brunswick

Abstract

The purpose of this study was to understand the law related to employee termination and the employment protection clauses in the New Brunswick Municipalities Act and to appreciate its results and effectiveness in respect to Senior Staff working in Local Governments. In New Brunswick, Article 74(5) of the Municipalities Act (2014) was meant to prevent the termination of municipal officers without just cause. Almost 50 years after its adoption, no municipal officers have been reinstated under Article 74(5) of the New Brunswick Municipalities Act. As a matter of fact, municipal employees are hired at pleasure by Council. In enacting Article 74(5), the Legislature vested in municipal councils the power to determine what constitutes cause and decide when a municipal officer can be removed from office for cause. Furthermore, in the event that procedural fairness was not followed prior to the termination of employment of a municipal officer, municipalities still have the right to terminate for cause... following a fair hearing. Article 74(5) is misleading municipal officers to believe they benefit from adequate protection in the performance of their duties while in fact, they are leaving their reputation and professional career at the mercy of municipal politicians. As it was the intention of the legislators in New Brunswick 50 years ago, and as this belief had been maintained during the last half of a century, I believe that Article 74(5) of the New Brunswick Municipalities Act (2014) could become the predominant component to employment protection for municipal officers in local governments in the province.