Danette Starblanket was awarded a total of $70,528 in a Saskatoon Court of King's Bench decision dated Jan. 4.
In the Jan. 4 decision, Justice Ronald Mills found Danette Starblanket was constructively dismissed without cause on June 15, 2016, before the end of her contract term as executive director of the justice secretariat.
Mills awarded her 9.5 months of salary to the end of the contract based on her annual salary, compensating her for $64,724, and an additional $5,804 for pension contributions and a cellphone, totalling $70,528.
Starblanket deferred comment to a later date. The FSIN declined a request for comment.
Starblanket filed the civil claim against the FSIN in 2016, alleging wrongful termination and seeking aggravated damages for mental distress while she served as EOO prior to Walker taking over the position and then as an executive director. The FSIN denied she was entitled to compensation.
Mills wrote that he found it clear that Walker wished to have Starblanket removed from the FSIN’s employment. Court heard Walker had expected Starblanket to return to work from a health-related leave on Aug. 14, 2016 and felt Starblanket had abandoned her job when she didn’t return on that date.
“From the evidence, I do not believe Ms. Walker when she states that the contract was abandoned by Ms. Starblanket. Ms. Walker took steps to try to remove Ms. Starblanket from the organization to put pressure on her to leave,” Mills wrote.
Starblanket served as EOO under Cameron from Oct. 31, 2015 to March 31, 2016. The relationship between Starblanket and the FSIN deteriorated in early 2016; in mid-March of that year, she was informed the position would not be available to her after March 31. She was offered a new agreement to serve as executive director of the justice secretariat.
Mills found Starblanket later made a valid complaint to Walker that her attendance records from her time as EOO had been altered.
Starblanket and Walker differed on which policy applied to her complaint; ultimately, Walker didn’t go further after the records were restored, according to Mills.
“There was an intentional change to employment records that were meant to show that Ms. Starblanket was not performing the duties of her position as required and yet no action was taken by Ms. Walker to get to the root of the problem, to identify the person responsible for falsifying the records and to impose discipline upon them,” he wrote.
Starblanket’s doctor recommended a one-month medical leave in June 2016 and she applied for disability benefits, stating on the application that her unheard grievance caused her work-related stress and anxiety. The insurer approved the application.
Mills said after a false allegation was reported to management that Starblanket, who was on leave, had lunch with a co-worker on work premises, Walker sent her another letter, this time demanding she stay off the grounds and return her access pass and keys. Starblanket’s work email was cut off.
Starblanket testified that after this occurred, she felt she was dismissed because these actions were only done to people who were fired. Walker testified that the request for the keys and access pass should have already been made before.
“I can accept Ms. Starblanket’s belief that she had been effectively terminated from her position in June 2016 when she went on disability,” Mills wrote, finding there was no suggestion Starblanket was terminated with cause.
He found the statements about standard practice to shut down email and demand keys and access passes from employees on disability “does not ring true,” he wrote.
Mills found Starblanket’s termination as EOO didn’t constitute a breach of contract, and said it was clear the mental health issues she suffered were associated with her termination. He found Cameron was within his right not to renew the EOO contract, as the “crucial trust relationship” between him and Starblanket had broken down over her support for then-Vice Chief Jonathan with respect to an annual leave payment.
He found that Starblanket was already experiencing the health issues “by the time Dawn Walker took the majority of the actions that resulted in the constructive dismissal.”
He did not award Starblanket aggravated damages.
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