Whitehorse Daily Star

YTG is sued by former employee

The Yukon government 'acted in a harsh, vindictive, reprehensible and malicious manner' when it fired Donna McBee, the former government employee stated in a lawsuit filed last week in Yukon Supreme Court.

By Whitehorse Star on August 1, 2006

The Yukon government 'acted in a harsh, vindictive, reprehensible and malicious manner' when it fired Donna McBee, the former government employee stated in a lawsuit filed last week in Yukon Supreme Court.

The writ of summons states McBee was an employee with the government in the early 1990s and then again from April 2003 to when she was dismissed on Jan. 12, 2005.

The firing was done without any cause nor notice and the government did not provide pay in lieu, which breached the employment agreement with the Yukon government (YTG), documents say.

The reason given for the dismissal, the documents read, was a conflict of interest. That reason has no substance and constitutes a 'reckless breach of contract,' it's argued.

'Throughout her employment with YTG, the plaintiff proved herself to be a valuable and reliable employee,' the writ of summons reads.

Prior to working for the territory in 2003, McBee worked for the federal government but her position was transferred to the territory as part of the devolution of federal responsibilities to the territory.

When she was fired, she was working as a staff development consultant.

'Throughout her employment with YTG, the plaintiff (McBee) proved herself to be a valuable and reliable employee,' stated the documents.

Losing her job meant suffering financial damage for the woman, who was pregnant at the time, documents say.

By January 2005, she was making $73,889.35 annually along with having benefits including extended medical and dental, a pension plan, long-term disability coverage, life insurance coverage, leave benefits as well as a top-up option for maternity leave.

Not only did McBee lose her salary, but also the the top-up salary plan for her maternity leave, documents say.

And given the pregnancy, McBee's chances of getting another job were also greatly reduced.

She did eventually end up taking a lesser position, on a part-time basis to deal with the financial loss. At that job though, she doesn't get the same benefits she had with YTG, the documents state.

McBee also hasn't been able to find a full-time position in the territory with the same level of seniority and benefits.

The territory has also jeopardized her chances of getting a similar job by informing potential employers when they contact YTG of the alleged conflict as the reason for the dismissal, documents say.

McBee is seeking:

  • a declaration she was dismissed without cause;

  • a declaration YTG failed to give proper notice nor pay wages in lieu in the dismissal;

  • damages;

  • aggravated damages;

  • punitive damages;

  • interest to be awarded under the Judicature Act;

  • costs; and

  • other relief the court deems just.

In an interview Monday, McBee's lawyer, Andre Roothman, didn't want to go into detail on the alleged conflict, but said the reason for the lawsuit is not only financial.

'Basically, her name's been tarnished,' he said.

Roothman said his client filed the lawsuit in an effort to clear her name.

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