City of Nanaimo loses appeal over $640K payment to fired CFO

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Former City of Nanaimo chief financial officer Victor Mema has won a BC Human Rights Tribunal complaint, as well as subsequent BC Supreme Court and BC Court of Appeal judgments against the City.

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The Tribunal found Mema “certainly made poor decisions regarding his use of the [City-owned credit card], understandably raising concerns, the City’s decisions to suspend and terminate his employment were discriminatory.”

Both the Tribunal, and the Appeals Court found a report filed by the City’s finance department regarding Mema’s use of the card contained “a distinct underlying thread of racial bias.”

Through the appeals process, the City argued Mema’s alleged misconduct provided them cause to terminate his employment.

However, the Appeals court ruled, “It matters not whether Mr. Mema’s conduct may have given the City cause to terminate his employment at common law because a termination with cause may nevertheless contravene s. 13(1)(b) of the Code if it is racially motivated.”

Mema was awarded $50,000 for injury to dignity, feelings, and self-respect after initially seeking $75,000. He also won $583,413.40 in lost wages and $10,150.04 in expenses as a result of this issue.

While he made personal charges to the card intended only for City-related expenses, he understood it was somewhat common practice among cardholders provided the amount was repaid.

Mema had repeated issues repaying the money, including a bounced cheque and ultimately insufficient payroll deductions.

In a separate professional misconduct ruling in 2024 by the Chartered Professional Accountants of Alberta, Mema was fined $30,000 for his corporate credit card use while employed with the City of Nanaimo.

Mema’s tenure with the City was during an especially turbulent era of local politics, featuring constant infighting among Nanaimo City Council, as well as with beleaguered former chief administrative officer Tracy Samra.

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