Court Slams Door on Fired OHS Officer’s ‘Vexatious Litigation’
An OHS Branch worker claimed she was fired in retaliation for raising safety concerns. The internal investigation found she was fired for leaving the worksite without permission, speeding in a government vehicle and a “confrontational attitude” toward personnel and management. But the worker refused to take no for an answer. She appealed to the YWCHSB and Yukon Human Rights Commission. Loss and loss. Undeterred, she then sued the government in civil court. The judge tossed the case. But her lawyer kept finding new theories and legal procedures and she continued the attack. Finally, the court said enough is enough. First of all, her wrongful termination claims and demands to be reinstated were baseless; and her repeated attempts to litigate this dead horse for 3 years were vexatious and an abuse of the legal system. Result: She had to pay the government’s legal costs [Wood v. Yukon (Occupational Health and Safety Branch), 2018 YKSC 24 (CanLII), May 3, 2018].