An NWT Supreme Court judge has thrown out a former Yellowknife firefighter’s request to review a decision denying him compensation related to workplace harassment.
Justice Andrew Mahar sided in the city’s favour, ruling the request was premature.
Mahar said the former city employee had not yet exhausted his options outside court and could still request that the workers’ compensation tribunal rehear his appeal.
“There are no exceptional circumstances that would cause me to go outside the clear railings that have been established by numerous courts through many years,” Mahar said.
According to court documents, the man began working as a firefighter and paramedic for the City of Yellowknife in December 2018. It is uncontested that he was harassed on four occasions in the workplace between the time he was hired and June 2020.
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In three instances, a supervisor forced him to wear bunker gear as punishment and, in one case, forced him to wear a wooden pager for three weeks.
The man claimed compensation on the grounds that he had suffered severe psychological injuries due to the harassment – a claim the Workers’ Safety and Compensation Commission denied.
The commission said the “interpersonal incidents” were labour relations issues and therefore not compensable.
However, the commission’s review committee determined in May 2022 that the employee was entitled to compensation, finding his injury was the result of workplace harassment.
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Following an appeal by the city, the workers’ compensation appeals tribunal overturned that decision. While the tribunal agreed the man had developed a psychological disorder due to harassment, it did not find that entitled him to compensation.
In response to a request for comment about the claims of workplace harassment and the recent court decision, the city said in a written statement to Cabin Radio that it was “unable to speak to this at this time and respects the decision of the court.”
The man formerly employed by the city did not respond to a request for comment.
