Inuit employee awarded for QEC dismissal
Former maintenance supervisor complained of being passed over for promotions
Stewart Burnett
Northern News Services
Monday, February 15, 2016
NUNAVUT
Chris Cousins got less than half of what he sued for after he was "constructively dismissed" by Qulliq Energy in a civil court case that stemmed from a policy of preferential treatment for Inuit employees at the Crown-owned corporation.
Justice Paul Bychok awarded Cousins roughly $153,000, although Cousins originally sought $500,000 in damages.
Cousins, who was once the maintenance supervisor for the entire Qikiqtaaluk Region making $146,000 per year, left QEC in March 2011 after a series of run-ins with management led to his suspension after an offer of demotion.
"Unfortunately, the plaintiff became obsessed with QEC's implementation of Article 23 of the Nunavut Land Claims Agreement," stated Bychok in his written ruling released Feb. 3.
Article 23 provides for increased participation and representative levels of Inuit beneficiaries in employment positions with the government and applies to QEC.
Cousins "persistently challenged" QEC management concerning Article 23 on issues that had no direct impact on his position or responsibilities, stated Bychok.
QEC has an Inuit Employment Plan Committee, whose function was to advise the corporation on Article 23 but the court heard Cousins was "too busy" to join and participate in it.
Management eventually began to characterize the plaintiff's persistent Article 23 "lobbying" as "behaviour meriting disciplinary action," wrote Bychok.
Between June 2010 and January 2011, Cousins was disciplined four times. The final disciplinary action on Jan. 14, 2011, culminated with management issuing a written demotion that was to see Cousins suspended without pay for 30 working days, directed to take anger management training and moved to a lower position of plant superintendent. The new, non-supervisory role came with a lower salary of $105,000 per year.
Cousins would not be able to return to work unless he signed QEC's offer of a change in his employment, which Cousins would not do. Instead, Cousins delivered a lawyer's letter saying that he considered himself "constructively dismissed."
"The reality is that, by January 2011, there was a total breakdown in trust and respect between the parties," stated Bychok. "Indeed, the atmosphere was extremely acrimonious, if not poisonous. It would have been manifestly unreasonable to expect anyone in the plaintiff's position to continue his employment on the new terms offered by QEC."
Mitigating factors in the case were that the plaintiff was offered two different supervisory jobs but turned them down and also declined to enhance his education through training opportunities offered by QEC.
"Failure to make any effort at all to seek alternative employment is a failure to mitigate," stated Bychok.
Cousins was awarded roughly $153,000.
