Firing unjustified, lawsuit says
A former senior official with the Yukon Housing Corp. (YHC) is suing his past employer and the territorial government for wrongful dismissal.
A former senior official with the Yukon Housing Corp. (YHC) is suing his past employer and the territorial government for wrongful dismissal.
Marc Perreault says he endured "harassing conduct” which triggered "mental illness,” and that he was fired without cause last year.
Perreault, who was program director at the Crown corporation until he was let go last September, filed the lawsuit this week in Yukon Supreme Court.
"We feel that I and my family have been treated unfairly,” the 49-year-old Copper Ridge resident said in an interview today.
"My family and friends were subjected to unnecessary stress prior to, during and following my termination.”
He hopes to receive financial damages and recoup legal costs when the case has concluded.
Perreault stated he returned to work from a three-week sick leave to find, without warning, a layoff notice waiting for him in his boss's hand.
He said in the statement of claim the dismissal was "without just cause and without reasonable notice.”
He said it "constituted an arbitrary and willful breach of the plaintiff's contract of employment.”
He added that prior to receiving the notice, "the YHC had systematically removed the plaintiff's job responsibilities and subjected him to unreasonable demands and harassing conduct in the workplace,” prompting "mental illness” and the three-week leave.
Perreault insisted that he "faithfully and diligently performed his duties on behalf of the YHC and the government of Yukon throughout his employment and proved to be a valued and reliable employee.”
He had worked at the corporation "in various positions” for 12 years almost to the day, including acting vice-president "for extended periods.”
The YHC's president handed him the layoff letter on Sept. 11, 2013.
In December, after a three-month "priority re-hire” period, he was officially terminated.
"It makes me wonder: is this happening to others throughout government?” Perreault asked in the interview.
"The Yukon government, who pride themselves as one of the top employers in Canada, how are they allowing this to happen?
At the time of dismissal, Perreault was receiving an annual salary of $113,000, plus vacation time, a manager's performance bonus and a Yukon bonus.
His benefits included short- and long-term disability and life insurance, medical, dental and extended health care, and a pension.
Perreault argued that "the events preceding the layoff and the manner of the ... dismissal” warrant aggravated and punitive damages because "they occurred when, to the knowledge of the defendants, the plaintiff was particularly vulnerable ...”
Perreault did not specify how he was mentally or emotionally vulnerable.
He said he has suffered financial loss as a result of the "wrongful dismissal,” and been deprived of certain retirement benefits.
Yukon Housing declined comment on the case.
Cabinet spokesperson Elaine Schiman would not offer comment either.
Comments (22)
Up 30 Down 1
Grouch d'North on Mar 29, 2014 at 3:37 am
The Yukon government's HR system is dysfunctional by design especially now as many senior employees are retiring taking with them years of experience and history. But rather than promoting existing experienced staff up the ladder, government recruits new people into a vacated position who have to learn the job and the environment in which it functions from the git go. Many times an underling has to train and advise the new manager on the portfolios involved. Obviously the time to do this takes away from productive management of the programs and services the branch is responsible to deliver.
Government spends time and money training their staff to perform better and some are exceptional in their abilities due to time on the job and understanding all that is involved in performing their jobs well, yet when a position above their present rank comes open, it's back to the beginning as the recruitment process finds an applicant who passed the screening tests, but has little knowledge about the real job they will be performing. Staff are not considered to be assets with varying levels of ability, but rather from an HR perspective, it appears that staff are no more than just another worker fulfilling a place in the department's organizational chart. Individual staff abilities and past performance factor very little in staffing upward within the organization and nobody seems to care as long as the vacant spot in the org chart is filled.
Up 7 Down 13
BnR on Mar 29, 2014 at 1:21 am
Anonymous
With respect, you make it sound like YG employees are being mistreated. Again, with respect, this is nonsense.
If employees are dismissed, HR must follow a well defined path. It doesn't just happen. YG is worried about wrongful dismissal cases just as much as any other employer, and doesn't embark upon dismissals lightly.
While I applaud your sense of public service, there is a distinction to be made with the YG hierarchy. Front end staff who deal with the public daily certainly must have that ethic, however, middle and senior management implement the will of the "elected" government. The people put them there, and like their policies or not, that's your job. As management, you are there to ensure that these policies are put in to place and followed. You aren't paid to worry about how you would do it, or how it could be better. You can certainly make these suggestions, if asked for, but ultimately, managements job is to follow orders. I've seen countless examples of management wanting to do things their way, and that's a path to a short career.
Up 22 Down 5
anonymous on Mar 27, 2014 at 12:48 pm
As a long time Yukoner and a former long time YTG employee I feel that I should comment. I was a person that believed in serving the public and the public service. I dedicated my career to that. I was well paid but I never took that for granted or expected such, I put in a lot of hard work to try to make YTG the employer of choice and serve the needs of the Yukon public that I served. I worked in human resources and tried to embody the values that a public servant should believe in and respect. As another comment stated since the not so new PSC Commissioner has been appointed those values are not apparent and have been stomped on. Although the pay and benefits were good for someone who values and believes in what they do the pay and benefits/pension is not enough to sacrifice ones self respect. And to see fellow Yukoner's treated in such a way is unbelievable. There have been many as another comment indicated.
Up 28 Down 4
Just Say'in on Mar 26, 2014 at 1:28 pm
The problem is that the workers "Owe their Soul to the company store". Working for the government has become a life sentence for most. For the first third of their time they work hard and are productive. By the second third they wish they could go but the glow of the "Cradle to Grave" pension starts to attract them like a fly to a light bulb usually with the same end result. In the last third it is all about surviving and building the highest pay scale you can in the last 5 years to garner as big a pension as humanly possible. "Peter principle" usually kicks in about now.
Someday we will look back at this type of system as a type of slavery. The company owns your soul, you hate your job, and you hate your boss, and the people you work with. But you will never leave, even if it ruins your life.
Up 35 Down 4
the biggest issue on Mar 26, 2014 at 12:46 pm
... is at the DM level. Though there are some good ones there are some really bad ones without a clue about management. There is one who was the DM for education for years but had never graduated university - they had a real estate license! So how did they get hired? One can only guess. There have been some that have been slammed for their ethics in public inquiries in other jurisdictions but ended up here. It is the Yukon Government employee that has to work in the environment these no-minds create. Do Ministers really know who these people are? Do they care? One has to think not.
Up 19 Down 16
Mike O on Mar 26, 2014 at 9:51 am
I've had dealings with Perreault and his branch and I can't say I am surprised that this has happened. Very likely a pattern of behaviour that had to be dealt with.
Up 13 Down 12
Wayne on Mar 26, 2014 at 9:23 am
Hard working, and conscientious, or not. Who cares? There are far too many. Never have so few cost so much for too many.
Up 36 Down 5
Wilfred Bernard Carter on Mar 26, 2014 at 3:40 am
Fairness person
The Yukon Government has lots of good employees but the operating structure is out dated more like the 1950's. The process for requiring senior managers does not work. With poor requiring means weak management group. The Public Service Commission has a lot of cases of individuals going on disability leave and the cost to the Yukon Government is going through the roof over the last four years.The individual filing the wrongful dismissal suit has worked for the government for 12 years and he was acting VP and now they fire him. This is an example of a weak senior management. Bad bosses get fired but in the case of the Yukon Government they keep the bad bosses and promote them. There is no over site in the Yukon Government to bring bosses who harass staff to justice. The Union can't do anything with bad bosses, Yukon Human Rights Commission will only protect YTG management, Respectful Workplace off the PSC does not do proper investigation of bad management but protects them. The Yukon Government needs a complete overhaul of their agencies and departments because they do not work for anyone and the tax payers foot the bill.
Up 36 Down 11
BnR on Mar 25, 2014 at 10:07 am
When one is employed by YG, your job is to implement the will of the elected government. Simple. If you have an issue with that, you have two choices: suck it up or quit.
However, there are employees both with in collective bargaining unit and management who forget this simple rule. I suspect the plaintiff in this story may have suffered from this.
To those partaking in the popular sport of YG employee bashing remember this, most YG employees are conscientious and hard working. There are exceptions, just as there is within any large employer. People do have their employment terminated at government all the time, but just as within any union environment, there has to be just cause. That's true for management as well. People don't "just" get fired.
Up 21 Down 18
Ex civil servant on Mar 25, 2014 at 7:44 am
Gone are the days of gravy slurping gunmint jobs.
The YP along with the inept YEU/PSAC has made sure that government wages have fallen behind the cost of living for more than a decade and a half while the private sector has boomed with high mineral costs and robust transfer payments.
If you want to be 'in the money' get into the trades, mining or start a business because I can tell you first hand the public service is becoming a backwash of people willing to settle for diminishing wages and shrinking benefits.
Up 51 Down 10
rose glasses on Mar 25, 2014 at 7:18 am
The comments here make me sad. I won't name names or anything like that. But I've worked at YTG for 12 years now. I've worked hard over the years. But guess what? I'm still at the bottom. Its not because I don't have the knowledge or skills to move up. I have a boss that doesn't like me. I have a union that protects upper management. And HR is the same. Are there lazy people in the government? I would be stupid to say otherwise. But as a YTG employee who is proud to serve the Yukon public, i'm tired of being labeled as an overpaid loser. No other entity gets so much wrath as government employees. You don't know what goes on. Stop judging. I used to be like you. Judging everything I see. Then I grew up.
Up 34 Down 17
north_of_60 on Mar 25, 2014 at 4:32 am
The Yukon Government bureaucracy is the Peter Principle personified.
They get promoted way above their level of incompetence, where they sit doing as little as possible, so as not to endanger that golden pension.
Once they've got that early retirement, then they've got enough subsidy from taxpayers to make a go of it in the private sector.
Nice scam if you can make it work, and lots do.
Up 37 Down 37
YUKON GLEN on Mar 25, 2014 at 3:34 am
Have to agree with been downtown. The poor overworked and mistreated government worker.
Not enough pay, benefits, payed leave.
Screw-up and don't produce anything and get a promotion.
No accountability for what you do or don't do.
I don't know how they can possibly handle the stress.
Up 33 Down 53
Rorex2107 on Mar 25, 2014 at 1:19 am
With regard to Marc Perreault's situation the information provided really raises a lot of questions. For example a Director making $113,000 is pretty low on the pay scale meaning either he was horrible at his job and they weren't giving him raises or he hadn't been doing it long.
While he has apparently been working for a crown corporation for 12 years I find it hard to believe that given his salary that he had been more than just an employee for very long. Unfortunately being part of the management classification at YTG or the crown corps means you're no longer protected by the Union.
Also Marc was laid off not fired. Meaning perhaps Yukon Housing lost funding for the program he was Directing and were forced to lay him off. To be honest I am a little surprised Marc didn't get re-hired. A priority rehire means that any Director job he is qualified for and applies on he gets hired instantly no matter who else applied. So that essentially means that either Marc didn't apply anywhere or he has little or no qualifications.
Up 35 Down 21
Rorex2107 on Mar 25, 2014 at 12:43 am
First off to all the people saying YTG is horrible. Grow up. Whether you work in private or public sector your bound to have a couple bad bosses. Essentially you need to decide if it is a deal breaker or can be fixed and move on if it can't. I have worked at pretty much all the large businesses in town and they all have some bad managers. You can usually tell who they are by the constant revovling staff working under them.
In addition we all know someone who is a horrible employee, if not more then one person. Is it any surprise that at least some if not a majority would flock to a union environment where they are less likely to be fired? Not to mention that YTG is the major employer in the Yukon.
Up 42 Down 60
smoke=fire on Mar 24, 2014 at 1:06 pm
Many of the above comments may have a grain of truth. In this case however, perhaps incompetence finally caught up to this person, and the result is justified.
Up 41 Down 9
Tim track on Mar 24, 2014 at 12:43 pm
DM's and Directors are like NHL coaches in YG they get shuffled about propped up till the allusion of progress is required then the Deck chairs on the TITANIC get rearranged. Not even the expectation of progress is expected in most departments more like just get me my best 5 years for the pension. This has a trickle down affect. I've come to the conclusion it's sovereignty over the north, that is why the Feds keep the cash coming.
Up 64 Down 44
Wayne on Mar 24, 2014 at 7:56 am
$113,000? No one in YTG should be mak-
ing that much money.
Up 65 Down 39
been downtown on Mar 24, 2014 at 4:56 am
Sounds like too little work and too much pay topped off with too many benefits equals a very unhappy workforce on the whole. People with hurt feelings because their managers are rotten to them, managers who seem to garner no affection or loyalty from their underlings. Why is it that people who work for the government are so often the most miserable workers out there, despite having the highest pay, lowest work loads, most 'caring' work environments, sick pay, vacations out the ying yang, dental, prescriptions, pensions, travel bonuses, you name it?
How about all of you concentrate on your work, on actually accomplishing something, and maybe that will crowd out the drama?
PS - I am sure there are a lot of happy government workers out there but I see an awful lot of whining for a bunch of people who are treated extremely well by the tax payer.
Up 82 Down 16
Ex-YTG employee on Mar 24, 2014 at 4:11 am
I could tell you some wild stories of my experience with YTG and the stuff I had to put up with right to my last day. But I do not think I have enough room on this page. The people that are made management have no personality what so ever, the harassment is out of control and there is nothing you can do.
My last supervisor Director, did not speak to me for 3 years while I was there, I asked her one day, "you don't like your job" do you? answer was no I don't but of course the paycheck is worth the stay and to put everyone else in misery... myself and others could not take it any more so we left our jobs.
Not sure where these people come from but they sure do not have any respect and know how to treat others. It still bothers me to this day. An investigation needs to be done on the people that are given control and it should be a public inquiry done, I still plan to do an article of my experience.
Shame on you, I really do believe in Karma....
Up 81 Down 25
Community Gal on Mar 23, 2014 at 12:08 am
When you are senior management and you perceive that all of the interactions you are having with staff and management are so stressful, unreasonable and harassing that you have to take a long stress leave, would it not also be possible that the job is too difficult and you would be better off working somewhere else?
Up 94 Down 27
it's happened to many others on Mar 22, 2014 at 1:18 am
Since the now not so new PSC Commissioner has come in morale has tumbled and malicious firings have increased ... any DM who feels threatened runs to them and the next thing you know someone is fired. The reality is some of the DMs are so incompetent or just plain mean and they are the ones who should go but the Premier or the Minister's don't have clue what is really going on.