Former TCH counsel suing over dismissal

Lawyer alleges suspension meant to ‘undermine’ him, investigation into complaint

Toronto Community Housing’s former general counsel is suing the public housing agency for wrongful dismissal and harassment after his sudden departure earlier this year, the Star has learned.

In a statement of claim filed in July, Mark Johnson alleges he was fired for trying to ensure an independent investigation of a human rights complaint brought to him by a TCH employee.

TCH “acted in bad faith in purporting to suspend Johnson for performance issues when the suspension was clearly an attempt to undermine Johnson’s credibility and prevent Johnson from ensuring that (TCH) conducted an independent investigation into the complaint,” Johnson’s claim reads.

TCH’s current general counsel, Ismail Ibrahim, told the Star the agency would not comment on an ongoing legal matter. A statement of defence filed with the court denies all allegations in the statement of claim.

Johnson could not be reached for comment.

The claim follows years of internal turmoil at the public agency — one of the largest housing providers in North America — that has seen spending scandals, firings and what one city watchdog in 2014 called a “climate of fear.” The claim names both TCH and vice-president of human resources Cathy Barker. It alleges damages equivalent to nine months pay of $171,919, loss of benefits and addition- al damages totalling $550,000.

Johnson began as general counsel and corporate secretary in June 2016 at an annual salary of $229,226. He was responsible for advising senior management on legal matters and managing the office of diversity, fairness and human rights, including complaints, according to his written statement of claim.

Earlier this year, a TCH employee approached Johnson to lodge a formal complaint regarding a job competition, one the employee said they would only trust Johnson with, the claim says.

The complaint did not name Barker as a respondent, but it did reference her and the human resources department, which she headed, the claim says.

Johnson’s statement of claim includes additional details about the complaint, which the Star is not pub- lishing to protect the identity of an unnamed employee.

After receiving the complaint, Johnson’s claim says it was decided, after discussion with acting CEO Kevin Marshman, who chairs TCH’s board, that an external investigator would be hired to handle it.

Though Johnson hadn’t told Barker about the complaint, he claimed Barker “immediately learned” of it and called him to “vociferously allege that his actions were an attempt to undermine her, were inappropriate, and that an investigation was unnecessary,” the statement of claim says.

But Johnson’s claim says Marshman agreed Barker was in a conflict, since the complaint involved her, and that the decision to hire an investigator was appropriate.

Three days after Johnson informed the subjects of the human rights complaint about its existence, on June 22, Johnson says he met with Marshman and Barker and was told he was being put on a leave of absence “because of a number of allegations with respect to his performance,” the claim says.

That came a surprise to Johnson, the claim alleges, because a list of problems he was handed had never been discussed with him.

He claimed Barker’s presence at that meeting was “entirely inappropriate given that Johnson did not report to Barker and Barker had a vested interest in preventing Johnson from proceeding with the independent investigation of the complaint.”

A statement of defence filed on behalf of TCH and Barker in August claims Johnson was treated “fairly” and “even-handedly.”