it raises questions of how cohesive the board really is, a labour lawyer says.
“the resignation (of chappell) raises
governance questions,” said shafik bhalloo, an employment and labour lawyer at kornfeld llp, who also previously served on the west vancouver police board and teaches at simon fraser university.
“police boards are expected to function collectively and make decisions through established governance processes. when the chair of a board indicates that they were surprised by a decision of this magnitude, i, as a member of the public, would question whether the board was operating cohesively and transparently.”
bhalloo said if lipinski chooses termination instead of resigning, it could have to do with pay.
“the police chief, or any executive employee, may be reluctant to resign because a voluntary resignation can affect their entitlement to compensation under their employment agreement. in many cases, a resignation means the individual walks away from potential severance or other contractual termination benefits, unless the parties negotiate a separation package,” the lawyer said.
bhalloo hesitated to speculate too much on lipinski’s situation, not having direct knowledge, but spoke generally to what the former chief’s severance package could look like. before being terminated, lipinski was making a base salary of $285,000 and his contract was renewed in october for another three years, with a two-year extension option.
“generally speaking, if he is employed under a fixed-term contract with a significant portion of the term remaining, for example, approximately 2.5 years, and if the contract does not contain an enforceable early termination provision, he may be entitled to compensation for the balance of the remaining term, together with the value of benefits and other contractual entitlement,” bhalloo said.