YTG files appeal against court ruling
A former Yukon government employee isn't giving up his fight for a judicial review of a ruling which saw him lose his job.
A former Yukon government employee isn't giving up his fight for a judicial review of a ruling which saw him lose his job.
Last month, Yukon Supreme Court Justice Leigh Gower ruled Dominic Alford can ask for the review of arbitrator Vince Ready's ruling that saw Alford lose his job because of the territory's investigation into the inappropriate use of computers.
The government argued Alford didn't have the right to represent himself in grievance procedures as a probationary employee.
However, Gower found there are provisions in the Public Service Commission Act for probationary employees to seek a judicial review.
When the decision was rendered, Tom Ullyett, the territory's assistant deputy minister of Justice, said the government would not file an appeal at that time.
However, this morning Ullyett said upon further review of the decision, the territory decided to make the appeal and filed the papers last Friday.
Gower's decision raises matters around labour relations in the Yukon, he said.
In circumstances where the union and government reach an agreement over a probationary employee, the employee can't go outside of the union to deal with the matter, he suggested.
Ullyett expects the case will come forward to the B.C.-Yukon Court of Appeal when it sits here towards the end of May or early June.
As Alford pointed out though, by the time the case goes through the appeal process and then potentially to a judicial review, it will likely be after the next territorial election, which must be called by late this year.
'They're obviously afraid of something and they don't want it heard. Well, shame on them,' said Alford, who also pointed out that if he's wrong, the judicial review can rule against him.
The government seems to be doing everything it can to prevent the courts from hearing his case, Alford said.
Looking at the 'big picture', he pointed out the government reminds citizens regularly of their democratic rights.
After exercising one of those rights, Alford said the government has punished him first by no longer employing him and now by requesting again that the courts not even look at his case. The government also waited until the '11 1/2 hour' to file the appeal last Friday, he added.
It's left Alford questioning what the government is hiding.
He plans to continue to fight for the judicial review.
The computer investigation, commonly known as the porn probe, began in 2003, when government officials learned of what was described as inappropriate use of its computers.
There were 542 employees investigated with 153 being interviewed and another 96 disciplined. The number of employees fired wasn't released.
Be the first to comment