Ex-Mountie sues RCMP for ‘constructive dismissal’ following PTSD treatment

EDMONTON A former Alberta Mountie has filed a civil suit against the RCMP, arguing she was forced out of her job after returning from treatment for posttraumatic stress disorder.

Laura Lee Kelly, formerly the commander of an Edmontonarea RCMP detachment, filed a statement of claim with Court of Queen’s Bench in June, alleging she was discriminated against on gender and mental health grounds.

Kelly worked for the RCMP in Alberta between 1992 and 2016. In the statement of claim, she said she was diagnosed with PTSD and addiction disorder in April 2014. After being referred for treatment at the Operational Stress Injury Clinic in Calgary, she was put in a graduated-return-to-work position in Strathmore. When she received a copy of her medical file, she learned that she had received a permanent designation that would prevent her from carrying out operational duties.

Following this development, Kelly alleged, her husband, who is also an RCMP officer, received notice that he would be transferred to Kitimat, B.C. However, a condition of the new job was that Kelly would agree she was not eligible to work in “E” Division — the RCMP’s B.C. headquarters, according to the document.

None of the allegations made in the statement of claim have been proven in court.

“Ultimately, as a result of the humiliation and failure to accommodate the plaintiff’s PTSD, the plaintiff felt compelled to resign under duress,” the document said.

Kelly argued that because the RCMP made unilateral changes to her employment contract, her resignation amounted to a “constructive dismissal.” She is seeking declarations that she was dismissed and discriminated against, as well as damages for bad faith and pay-in-lieu of notice for $155,554.

Kelly argued it would have been “demeaning” for her to continue to work for the RCMP under the new conditions imposed on her. She said the RCMP have a duty to accommodate employees suffering from PTSD, and that her husband’s career shouldn’t be prioritized over her own well-being.

Kelly now lives in British Columbia, and said she sought out other employment after resigning from the force to limit damages to her income.

The RCMP had not filed a defence as of Friday.