GN denies charges in wrongful dismissal suit

KIRSTEN MURPHY

The Government of Nunavut has filed a statement of defence in response to claims of wrongful dismissal by the former deputy minister of the department of sustainable development.

In documents filed Nov. 8 with the Nunavut Court of Justice, the GN says Katherine Trumper quit her job by refusing to accept an intergovernmental transfer and therefore is not owed $270,000 in severance pay.

Trumper spent four years as deputy minister of sustainable development before the GN announced several high-level management shuffles last fall. Trumper was asked to take over as DM of the department of the executive and intergovernmental affairs (EIA) but refused the transfer.

She said the appointment was “inconsistent” with her interests and experience, court records say.

The new job offered the same pay and benefits. Anne Crawford has since accepted the position at EIA and Alex Campbell was hired as the DM of DSD.

The GN says in its statement of defence the shuffle “was made in good faith and within the executive prerogative of the Premier.”

Rejecting the position with EIA left Trumper without legal recourse to seek compensation, the statement says.

“[Trumper’s] continued refusal to accept the reassignment … constitutes a resignation within the Deputy Minister’s Employment and Compensation terms. Accordingly, the defendant [Government of Nunavut] denies that the plaintiff is entitled to 24-month severance as is alleged,” the court document says.

A statement of claim was filed on Trumper’s behalf on Aug. 9, 2002. She is seeking nearly $1 million, including the $270,000 in severance pay, $250,000 for damaged career prospects, $250,000 in unspecified aggravated damages and $71,000 in performance benefits.

Trumper says in her statement of claim she learned the GN was dissatisfied with her job performance after a face-to-face meeting on Aug. 21, 2001. However, despite repeated requests, Trumper did not receive a written copy of the concerns until March 28, 2002 — by which point she had already left her post with the GN.

“At no time prior to Aug. 21, 2001, was the plaintiff informed of any concern about her performance…. On the contrary, she had been advised by both of her Ministers during the review period that they were highly satisfied with her performance,” the statement of claim says.

The GN admits to a delay in Trumper’s written annual performance assessment but “this did not contribute to any misapprehension about the quality of her performance, nor was this relevant in any way to the decision of the Premier to reassign,” the defence statement says.

A trial date has not yet been set.