Westbank First Nation office.

(JOHN MCDONALD / iNFOnews.ca)

A former Westbank First Nation senior administrator is suing the band over a claim he was fired without warning last August.

Rafael Ladron De Guevara is a WFN member and had worked at the band for more than 20 years, according to a lawsuit filed Oct. 18, 2021. At the time of his dismissal, he was the manager of intergovernmental affairs and museum manager.

De Guevara claims in the suit he was never a subject of any discipline by the WFN and was never provided with a written or verbal warning that his employment was in jeopardy before he was fired Aug. 26, 2021.

The incident stems from a complaint made by another senior employee in April 2021, about workplace harassment and he was placed on paid administrative leave pending an investigation in May, according to the suit.

At the time, De Guevara said WFN provided no details in regards to the complaint’s allegations but told him the investigation would be fair, that it would only take a few weeks and he would be provided with the investigation’s results.

He said the investigation was not concluded until August 2021, 16 weeks after he was placed on leave and that he was not provided with sufficient information regarding the allegations to respond. He was also denied access to his work email and files in order to prepare and participate in the investigation, he claims.

De Guevara also claims the investigator was biased and refused to interview key eyewitnesses that he had identified. He said he was not provided with a copy of the investigatior’s report.

He denies any allegations that workplace harassment took place and he said he suffered “injury to his character, credit and reputation in the community” due to WFN’s “unsubstantiated” allegations.

He claimed he was dismissed without cause and is entitled to compensation for employment benefits, out-of-pocket expenses during the notice period and the punitive and aggravated damages incurred due to the dismissal.

In a response filed Nov. 30, 2021 in the Supreme Court of B.C., the WFN denied the allegations, saying De Guevara’s behaviour and conduct led to his termination.

The WFN said 10 separate incidents between December 2020 to April 2021 were reported by a senior employee who alleged she was bullied and harassed by De Guevara.

The WFN denies the investigator was unbiased as the investigation was conducted by an independent third party and 14 witnesses were interviewed, including De Guevara and a senior director. It also claims De Guevara was interviewed twice and was provided with the opportunity to submit further documentation to assist the investigation.

The WFN said it did not provide De Guevara with the findings of the report to protect his reputation in the small community but he was provided with “sufficient information... to understand the reason for his termination.”

None of these allegations have been proven in court.

A separate review conducted by First Nations Justice Marion Buller also showed De Guevara sold WFN land in March 2021 for significantly lower than its assessed value without authorization from WFN council. Council is seeking to re-acquire the Peachland property.

READ MORE: WFN staffer sold band land for significantly less than assessed value

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