Public servant who barricaded office can claim damages

A longtime Ottawa public servant who barricaded the office against an employee disciplined for bullying has won the right to pursue damages for mental suffering from the federal government.

In a ruling this week, the Federal Court ordered the Public Service Labour Relations Board to reconsider its decision to deny $100,000 in damages to Gisèle Gatien, who was suspended for 10 days following the incident.

Lawyer Paul Champ, who represented Gatien at the court hearing, said the judgment sets a precedent for public servants “who feel they have been disciplined in bad faith and made a scapegoat for the mistakes of senior managers.”

Gatien was a manager at Human Resources and Skills Development Canada in July 2011 when her supervisor let her know that a former employee referred to only as AB — who had been removed from the workplace two months earlier after assaulting Gatien and pulling her hair — was returning to the office afterhours to collect her personal belongings.

In response, Gatien — who supervised a unit that processed claims made to the Workplace Safety Insurance Board — taped up filing cabinets and created a barricade using six cardboard boxes to limit AB’s access to the office.

In testimony before the labour relations board in 2013, Gatien said she was upset by the return of AB, to whom she had given three oral reprimands for alleged bullying behaviour. In 2011, several of AB’s coworkers had complained about her to Gatien, saying they no longer felt safe in the office, according to court documents.

Gatien tried on two occasions to issue written reprimands only to be instructed by her supervisor to stop the disciplinary process, with no reasons given.

After the barricade incident, Gatien — a 35-year employee with a discipline-free record — was suspended without pay for 10 days. The labour relations board later ruled the penalty was excessive and replaced it with an oral reprimand.

Gatien also alleged that the disciplinary action against her was taken in bad faith and sought $100,000 in damages for mental suffering and loss of professional standing. But the tribunal denied the request.

Gatien was diagnosed with posttraumatic stress disorder in 2013. “At this point in time,” her doctor wrote, “I feel that the major source of Ms. Gatien’s problem is not the assault itself so much as her employer’s refusal to recognize the harm that was done to her and to protect her from further harm in the workplace.”

Federal Court Judge John O’Keefe ruled the tribunal erred in law by misunderstanding the legal test for awarding mental suffering damages. Because it also failed to consider key evidence, O’Keefe concluded the tribunal’s decision was unreasonable.

As a result, the judge allowed Gatien’s application for judicial review and referred the matter back to the labour relations board. He also awarded costs to Gatien.

Gatien retired in April 2014, after an extended sick leave. “It was a really unfortunate way for a long and distinguished career in the public service to end,” her lawyer said in an email.

“Ms. Gatien was particularly upset because she felt responsible for protecting and supporting the other employees in her unit, but she wasn’t given the authority to take the appropriate action.

“And when she became the target of workplace violence herself, in my view because the department failed to act, senior managers failed to offer her any sympathy, let alone protection or support.”