New bill would see for-cause firings reviewed

VICTORIA B.C.’s independent merit commissioner would review all for-cause firings by the provincial government, as part of proposed changes to address the botched 2012 firings of eight health researchers.

The NDP government introduced legislation this week that would put the Office of the Merit Commission in charge of making sure the government is following the proper policies and procedures when it fires an employee for cause.

The suggestion was one of 41 recommendations made by Ombudsperson Jay Chalke in his 2017 report into the health firings, which he concluded were wrongly handled by government.

One of the researchers, Roderick MacIsaac, committed suicide after being unjustly fired.

“While just-cause dismissals are not common in the public service, we want to ensure that when they do occur, there are checks and balances in place,” Finance Minister Carole James said in a statement.

“By fulfilling recommendation 27 of the ombudsperson’s Misfire Report, we help make sure public servants’ workplace rights are respected.”

The Merit Commissioner would be empowered to review information about firings. However, the commissioner would not pass judgment on whether they met the legal threshold for termination with cause nor would the office’s review be able to overturn a firing.

The commissioner also wouldn’t be able to be called to give evidence as part of any legal or grievance procedure, according to the bill.

Mainly, the bill proposes to give more oversight to the government policies, standards and terminal processes, to identify any systemic issues.

Public results will be reported in aggregate, and not by specific cases.

The government hired retired Supreme Court of Canada justice Thomas Cromwell to oversee the implementation plan of the ombudsperson’s recommendations, as well as help distribute the at least $1.65 million cost of compensation to those affected by the firings as well as a $500,000 scholarship in MacIsaac’s name at the University of Victoria.

Cromwell’s most recent update on the implementation, in February, noted substantial progress by the government but with several recommendations still outstanding or not yet implemented.