Judge rules for association in small claims case
A small claims court decision denies compensation to the former chair and administrator of the Elder Active Recreation Association for what she claimed were hundreds of hours of unpaid work for the 2004 Canada Senior Games in Whitehorse.
A small claims court decision denies compensation to the former chair and administrator of the Elder Active Recreation Association for what she claimed were hundreds of hours of unpaid work for the 2004 Canada Senior Games in Whitehorse.
Joyce Young filed a suit against the association Sept. 11, claiming harassment, loss of prestige and financial loss.
Young, the founding president of the association, sent an e-mail to the association's board in March 2004 resigning her position as Games manager due to an 'intolerable work atmosphere,' she said Friday. She subsequently signed the e-mail at a meeting with the board in April 2004.
Visiting judge Don Luther said Friday afternoon the central issue in the case is whether Young resigned her position or was dimissed.
Luther said in his decision, Young's 'signed resignation sealed her fate. She chose to sign this of her own free will.'
Luther added it was 'very unwise' for Young to resign her paid position.
Luther also said he received no evidence of the more than 1,000 hours Young said she worked to plan the senior Games.
After Friday's court session, Young said she had kept a record of the hours she'd worked, but that the documents went 'missing' from her desk.
'The whole thing is disappointing and very, very sad,' she said. 'The judge didn't get a clear view of what happened.'
Young had only four hours to present her case, and called just one witness.
Young said she didn't get enough time in court.
Regarding the letter of resignation, Young said that in hindsight, she 'probably shouldn't have signed it.'
She said she did so as a form of protest and was hoping to negotiate with the board and come to an 'amicable agreement.' The plan clearly backfired, she said.
Luther also noted 'there is no evidence that the directors profited at the expense of the plaintiff (Young).'
Regarding Young's claims of harassment, Luthor said, 'In my view, there is no evidence that the board harassed her.'
Although Young also claimed there were 'constitutional irregularities' within the board, Luther noted 'the plaintiff did not challenge the make-up of the board' during the difficult period.
In further support of his decision not to award compensation to Young, Luther said the terms of her contract with the association included a clause saying there 'could' be financial compensation for extra hours worked.
There was no firm commitment from the defendant, said Luther.
Moreover, Young resigned her position before her contract was up, said Luther.
She left the job in April 2004 but the contract did not expire until Oct. 31, 2004.
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