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PSLRB orders $1.4M settlement for executive subjected 'sham' dismissal by federal Conservatives.
Ottawa (21 July 2010) - The Harper government has been ordered to pay nearly $1.4 million in damages and psychological injury for its "sham" dismissal of a prominent executive recruited to revamp its real estate operations.
In a sweeping ruling, the Public Service Labour Relations Board (PSLRB) says former public works adviser Douglas Tipple's layoff in 2006 was nothing more than a "disguised" firing for political purposes.
Adjudicator Dan Quigley concluded the government used Tipple as a "scapegoat" to cover its own mistakes and silence a gathering political storm over an ill-fated trip to Britain at the centre of a minor diplomatic flap, reports the Ottawa Citizen.
The settlement, and the unusually sweeping condemnation accompany it, was ordered to repay Tipple for lost reputation, wages, bonuses, benefits and psychological injury.
"This is a decision that is 100% in favour of the grievor and 100% against the government. This is a stinging indictment of the government," Stephen Victor, a lawyer representing Tipple, told the newspaper.
"In a democratic society where we are governed by the rule of law to treat a valued employee in this manner is totally abominable."
Quigley also ordered the government to pay damages for "obstruction of the process" for its refusal to comply with the board's many disclosure orders to produce documents and other records.
"Mr. Tipple's unblemished reputation as a senior executive was tarnished in a six-week period. He can now find solace in this decision that recognizes his reputation was sacrificed to salvage that of Public Works and Government Services Canada," Quigley wrote in the decision.
The government has the right to appeal the ruling and seek a judicial review to set aside the decision.
The ruling is a damning indictment of former public works deputy minister David Marshall and his department's handling of Tipple's dismissal. Tipple's job was hastily abolished following the media storm over the trip to Britain.
Quigley concluded Marshall had no justification in getting rid of Tipple and misrepresented his reasons for doing so. An internal report that was never released exonerated Tipple from any wrongdoing on the trip.
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