Emails obtained pursuant to an Order issued by Justice Leigh Gower of the Supreme Court of Yukon suggest Government of Yukon Deputy Ministers Jim Connell and Justin Ferbey, Public Service Commissioner Thomas Ullyett, and Premier Sandy Silver’s Chief of Staff, David Morrison conspired to summarily dismiss a Government of Yukon whistleblower of systemic workplace discrimination in a coordinated attempt to protect Management instead of investigating and rectifying systemic workplace discrimination as required by § 35 of the Human Rights Act (SY).
“I’d recommend that you have a conversation with Cheryl about how the RWO [Respectful Workplace Office] could help the branch in question. If there’s any truth to XXXXXX’s recordings, it appears to be a dysfunctional workplace. Justin doesn’t [view] XXXXXX [as] a security risk and does expect that he’ll leave Yukon as he has no strong ties here.”, wrote Public Service Commissioner Thomas Ullyett after he approved the firing of a Government of Yukon employee who blew the whistle on systemic discrimination 5 days earlier.
Conspicuously absent from the flurry of emails exchanged among these YG public officials in the 5 days preceding the firing of the whistleblower is any discussion, surprise or condemnation of the systemic workplace discrimination reported, or what these public officials were doing or were willing to do to rectify the discrimination as required by law. For the record, 5 months after the discrimination was reported to Deputy Minister Justin Ferbey, Deputy Premier Ranj Pillai, and Public Service Commissioner Thomas Ullyett, the perpetrators of the discrimination are still employed by the Government of Yukon while the whistleblower was summarily terminated on November 8, 2017 for recording and reporting it.
“Given the nature of some of the issues has respectful workplace been involved or called in (thinking of the comments that were recorded attributed to supervisors not the individual employee)…”, wrote Jim Connell, Deputy Minister, Executive Council Office 2 hours and 11 minutes after the employee was fired for blowing the whistle on systemic workplace discrimination. What Mr. Connell is saying here indicates that he is only concerned with how much dirt the whistleblower has on Management rather than the laws which were broken, or the welfare of the employee who was the victim/whistleblower of systemic workplace discrimination.
The emails serve as a damning indictment of Government of Yukon public officials’ contempt for whistleblower protection legislation such as § 25 (b) of the Public Interest Disclosure of Wrongdoings Act (SY) and § 425.1(1) of the Criminal Code of Canada – both of which prohibit reprisals against whistleblowers in Canada.
Sadly, because of Government of Yukon public officials such as Jim Connell, Thomas Ullyett, Justin Ferbey, and David Morrison and complicit and/or incompetent politicians such as Ranj Pillai, systemic workplace discrimination and corruption are alive and well at the Government of Yukon and stand to continue to be so for the foreseeable future – that is, unless something is done to hold the responsible parties accountable.
The following recording of a Yukon Government Administrative Proceeding (i.e. an Appeal of a Deputy Minister’s termination of a Yukon Government whistleblower of systemic workplace discrimination) is being published pursuant to the Open Court Principle as enunciated by the Supreme Court of Canada; S. 2(b) of the Canadian Charter of Rights and Freedoms; and for the purpose of exposing Yukon Government systemic corruption and workplace discrimination to the scrutiny of vigorous public debate.
The recording details evidence of Yukon Government senior bureaucrats conspiring to conceal systemic workplace discrimination, Deputy Minister Justin Ferbey’s termination of a Yukon Government whistleblower, and the falsification of Yukon Government documents in an attempt to discredit the whistleblower and camouflage or ‘pass-off’ a ‘termination’ as a ‘rejection on probation’ in order to deny the whistleblower the right to a union grievance and arbitration before the Labour Relations Board.
Sadly, thanks to people like Deputy Minister Justin Ferbey, and the complicity/lack of leadership of Premier Sandy Silver, Deputy Premier Ranj Pillai and Public Service Commissioner Thomas Ullyett, systemic corruption and workplace discrimination are alive and well and stand to remain so for the foreseeable future in the Yukon Government.
In an affidavit dated February 21, 2018 which he filed with the Supreme Court of Yukon, Government of Yukon Deputy Minister of Economic Development, Justin Ferbey knowingly committed perjury in an attempt to mislead the court after firing a whistleblower.
On November 8, 2017 Deputy Minister Ferbey terminated a Yukon Government whistleblower for recording 6 months of systemic workplace discrimination – stating to the whistleblower:
“You need to read the letter. The reason you’re being terminated is because you’re taping people”
Click here to listen to Deputy Minister Ferbey’s own words, or cut-and-paste the link below into your browser to play the recording from Google Drive.
In response to a lawsuit filed against him by the whistleblower, Deputy Minister Ferbey filed a February 21, 2018 affidavit with the Supreme Court of Yukon in which he claimed that the whistleblower was ‘released on probation’ under S. 104 of the Public Service Act for non-disciplinary reasons.
As a Deputy Minister – the most senior government employee in the Department of Economic Development, Deputy Minister Ferbey knew full well that there is a huge difference between a non-disciplinary ‘release’ of a probationary employee and a disciplinary ‘termination’ of an employee.
“So why would someone lie about it?”, you ask? For the simple reason that by claiming in his February 21, 2018 affidavit that the whistleblower was ‘released on probation’, Deputy Minister Ferbey prevented the whistleblower from filing a union grievance and seeking arbitration versus a ‘termination’ where the whistleblower would have been entitled to file a union grievance and seek arbitration of Deputy Minister Ferbey’s termination of a whistleblower for doing nothing more than recording systemic workplace discrimination. There’s a word for that – the word is ‘corruption’ and it’s systemic at the Government of Yukon.
Criminal Code of Canada
131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.
132. Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
So there you have it – a Government of Yukon Deputy Minister willing to commit perjury in an attempt to pass-off a ‘termination’ as a ‘release on probation’ in order to deny a whistleblower of systemic workplace discrimination the right to a grievance and arbitration.
Sadly, systemic corruption and discrimination are alive and well at the Government of Yukon – thanks to people like Deputy Minister Justin Ferbey.