Documentation is key when terminating volunteers

In the National Post on Oct. 3, there was an article about Scouts Canada not renewing a long-term volunteer’s annual application.

The plaintive, Wayne Hannon, who volunteered for the Sea Scouts for 66 years, took the organization to court and won. Not having any inside knowledge, I’m not going to discuss the rights and wrongs of the case itself. What I do want to talk about is the importance of documentation when terminating volunteers.

According to the article, the main reason Scouts Canada lost the case was because of a lack of admissible evidence. In his decision, the judge, Calum McLeod, stated the allegations were, “baseless and without foundation.”

“From an evidentiary point of view, the responding affidavit is both deeply unfair to an elderly and long serving volunteer but also demonstrates an improper litigation strategy bordering on abuse of process. The evidence dealing with these concerns is quite simply inadmissible,” he said.

It is never easy for any leader of volunteers to terminate a volunteer, especially a long-standing one. It can be an emotional time for all concerned, with high tempers and hurt feelings. It’s tempting to get it over with as quickly as possible and then put it out of your mind. But that’s just what you shouldn’t do.

When terminating a volunteer, except in cases of abuse or other criminal activity, ensure the volunteer is given adequate warning and time to correct the concerning behaviour. Document those warnings. If it’s an in-person meeting, keep notes on when and where it was held. Follow up that meeting with a letter or email recapping what was discussed, and keep copies in the volunteer’s file.

If it’s an online meeting, record it and keep the recording in their file. If there is a lot of acrimony, threats, or if there is any hint of criminal activity, get a lawyer involved earlier rather than later. Yes, they’re expensive but nowhere near as expensive as a trial.

Of course, it’s not just the termination process that you need to have documents for. Whatever the reason for the termination, you need to have proof—documented proof. If another volunteer or a staff member accuses the volunteer of inappropriate language, for example, have them put that accusation in writing. This is not to put any sort of onus on the accuser, it is simply risk management.

It’s necessary to protect the organization in case the volunteer sues. The last thing anyone wants is to play the “he said, she said” game in front of a judge.

If the volunteer is being terminated because of unreliability or not following safety procedures, keep records. In your meeting with the volunteer, don’t just say “you’re always missing shifts or showing up late”. Instead, show them a list of the dates they were scheduled but didn’t show up, or what time they actually showed up compared to when they were expected. Documentation when terminating volunteers is vital!

If you have a volunteer termination policy, follow it and keep records. If you don’t, create one.

In the Scouts Canada case, there was no documented proof it followed its own termination policy. I know of many organizations, though, that don’t even have a policy on how to terminate a volunteer. That can be very scary. That lack paves the way for accusations of bias and favouritism. It causes confusion for both the leader and the volunteer and can drag you straight through the doors of a courtroom.

The policy doesn’t need to be complicated. A volunteer termination policy can be quite basic. Here are the main requirements:

• A list of behaviours that are deemed appropriate cause for termination.

• A set of steps that will be taken in event of a volunteer being accused of an item on that list.

• And the documentation required to prove the accusation was valid and to demonstrate that all the policy steps were followed.

That’s it. I know, I’m making it sound simplistic. The steps, especially, can take quite a while to formulate, as they will vary for each item or group of items, depending on the seriousness of the cause. You may chose to include the point at which legal counsel is contacted, for example or whether police need to get involved. It’s also a good idea to have a lawyer review the completed policy and make suggestions as to what documentation would be needed to ensure it will stand up in court.

This whole process may seem like a lot of effort to go through. Ninety-nine times out of 100 the volunteer will go reasonably quietly. But it only takes one to deplete the organization’s bank account and damage its reputation. Ask Scouts Canada.

The best way to protect your organization and, in some cases, you as the leader from a similar court challenge is to ensure adequate documentation when terminating volunteers.

Good luck.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.