Whitehorse Daily Star

Wrongful dismissal suit filed against Yukon government

The former manager of regional services for the Department of Health and Social Services is accusing the Yukon government of wrongful dismissal.

By Stephanie Waddell on April 20, 2018

The former manager of regional services for the Department of Health and Social Services is accusing the Yukon government of wrongful dismissal.

A statement of claim was filed against the government on Wednesday.

It states Jarrett Parker was notified through a letter one day before his extended probationary ended on April 10 that he had been rejected from his job.

Parker’s probationary period had been extended by a further six months from the initial half-year when he was hired in 2017.

The lawsuit claims that the territory had no cause to dismiss him.

It goes on to argue that it was based “at least in part” on a Dec. 22 email Parker sent to senior management about concerns over emergency placements for youth living in group homes and issues with the system’s ability to support high-risk youth. He had also requested a meeting to discuss the issues.

The lawsuit highlights public statements made by the deputy minister and the acting manager of child and family services that the facts outlined in the email aren’t true, which were “essentially challenging the plaintiff’s credibility.”

It argues Parker’s dismissal from his job was based on:

• his “diligent and dedicated” performance of his duties;

• his ongoing efforts to ensure his department delivered services and performed its mandate in accordance with legislation and social work standards;

• ongoing efforts to ensure children at risk or in care received the appropriate level of care and service according to legislation and social work standards; and

• his work to bring to the attention of officials that those children were not receiving the appropriate level of care and service.

It then points to the email and goes on to note a March phone call Parker made to officials to inform them of a concern brought forward by an employee about possible racism in the department.

A meeting was held where the issues were discussed, and Parker re-sent his Dec. 22 email at the request of the acting deputy minister.

The lawsuit then goes on to note media reports from about March 21 to 28 around the same issues.

It’s also noted that following Parker’s dismissal from his job, the deputy minister of Health and Social Services and acting manager of child and family services spoke publicly “to the effect that” the allegations in the Dec. 22 email are not true; that similar allegations by a former child in care are not true; and that Parker’s termination of employment wasn’t related to the email.

The lawsuit also argues that department officials were or ought to have been aware that Parker has a medical condition that made him vulnerable to the psychological impacts of stress.

By making the public statements, the government has inflicted psychological distress on the plaintiff and thus increased the impact of the dismissal, court documents claim.

As a result, Parker will likely find it more difficult to find alternative employment.

Along with damages, costs, prejudgment interest and any other financial help the court may award, Parker is also seeking:

• declarations that his dismissal was without cause;

• that the government was required to provide adequate notice of termination or, alternatively, payment-in-lieu – and it didn’t.

The territory has not yet responded to the lawsuit.

The Yukon Party questioned the government about Parker’s departure in the legislature earlier this month.

Ministers responded that they would not publicly discuss personnel matters.

Comments (9)

Up 33 Down 0

CJ on Apr 26, 2018 at 3:10 pm

With the spotlight on this department for the very things he sent them emails about, it seems very poor judgement to cast this guy out at this moment. It makes anyone think twice about raising issues to management. The cold, dead hearts of commenters aside, how would you not make a link between his being dismissed and the emails he sent, especially given recent headlines.

@Community Gal, great career advice. For someone with no responsibility. If you're hired to look after youth, within a probation period, you'll likely need to ruffle some feathers. It could be that feathers within this particular department are extremely susceptible to any breeze.

I do agree with the court vs. public, though. Although I'm not so sure that he's the one who has been going to the public. Anybody who saw those emails could have released them. The court documents are public.

Up 14 Down 0

drum on Apr 25, 2018 at 6:02 pm

Good hard working people are chewed up and kicked out by YG. The senior people take care of their own and do not even think about the little people.
I worked for government for 25 years and was kicked to the curb because a new DM (a five year wonder from BC) wanted to bring in their friends from BC (on contract). Wake up Yukoners to what is happening. Or is this going to be just like Ottawa????? Ask how much the YG has spent on contractors for HR services from outside consulting firms!!!!!! Like Harrassment investigation of complaints, mediation and conflict resolution - YG used to have their own resources but now we can only have experts from the south!!!!!!! Ask about EAP services- a 800 number. Used to be Nimco Services - a local phone call away. Too many big wheels getting jobs in the YG from the south and thinking we are just little lowlifes.

Up 3 Down 36

Community Gal on Apr 24, 2018 at 10:13 am

A couple of suggestions for future reference Mr. Parker. Probation is the time to look around, learn your job, establish goodwill with your team members and learn how the system is set up. It takes awhile. It's not as simple as it first seems. Don't get on your high horse and find fault in every direction. You will not survive your probationary period, and with good reason.
If your probationary period is extended, this is like a letter of reprimand. Learn from it! Humble yourself to ask how you can improve your performance at work. Ask yourself "Am I making an effort to get along with others and learn from them? Am I doing my own job and doing my best? Am I contributing, learning and making a positive contribution every day?"
It sounds like you found fault everywhere and are still finding fault. Yet there are many successes in this Department and many dedicated and skilled individuals that help children and families to heal and thrive. There are problems but, like every workplace, they need to be isolated and confronted, discreetly and respectfully. "Don't throw the baby out with the bathwater."
One more suggestion I would like to make. If you are taking someone to Court then you can't then simultaneously try them in the public sphere. Either take it to Court or take it to the press. When you try to do both at once you come off as self-righteous, indiscreet and brash. (BTW - I would expect, from someone working with families and children, the utmost discretion. You, Sir, seem sadly lacking in this trait.)
Good luck in your future endeavours.

Up 11 Down 32

guy on Apr 21, 2018 at 7:18 am

The department ought to have known of his pre exisiting condition?
OH&S regs REQUIRE the worker to disclose any condition that may render them unfit for their workplace and work situation.
Did he tell his employer of this condition that renders him susceptible to stress? This guy sounds like a real winner.

Up 12 Down 32

Woodcutter on Apr 20, 2018 at 9:23 pm

Physiological effects of stress, and you go into social work? Better to become a wood cutter mate.

Up 11 Down 1

Yukon Watchdog on Apr 20, 2018 at 7:33 pm

Mr. Parker, you need to appeal your dismissal to the Deputy Minister. If you were a union member, you cannot take your claim to court. Check your termination letter for your appeal rights. There is a very, very short window in which to appeal, usually only about ten days. If you got fired on April 9, you have probably already missed the deadline.

Up 13 Down 31

My Opinion on Apr 20, 2018 at 7:18 pm

OMG Just leave already. I swear Canada is turning into the U.S. During a probation period they have the right to let you go with no notice or reason, and you have the same right to leave with no reason or notice. Fair is Fair. A job is not a right it is a privilege.

Up 35 Down 0

Lost In the Yukon on Apr 20, 2018 at 6:20 pm

This is reported / suggested to all lay at the feet of the Acting Deputy Minister at the time and now currently ADM of Social Services. They appear to be the major recent cause of discontent and poor practice within the Department. All eyes need to be focused there.

Up 8 Down 37

Yukon Guy on Apr 20, 2018 at 5:54 pm

Extended probation? Sounds like there some performance management issues with this one.
Yukon gov is probably better off without him.

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