Former executive sues public service union for close to $1M

A former top executive at the Professional Institute of the Public Service of Canada (PIPSC) is suing the federal union for wrongful dismissal, Radio-Canada has learned. 

Edward Gillis, the former chief operating officer (COO) of PIPSC, is seeking hundreds of thousands of dollars in damages in a lawsuit set against a backdrop of tensions with the union's president. 

Gillis worked for the public service union, the second largest in the country, from 1999 until June 2022.

PIPSC manages a budget of around $55 million, employs approximately 220 people and represents more than 62,000 federal public servants. 

Gillis is seeking $673,029.54 in damages from the union for breach of contract and $200,000 in punitive damages, accusing the union of acting in bad faith. 

He also wants to be compensated for losing access to the retirement plan and his accumulated vacation time, as well as legal costs related to this lawsuit.  

The union considers the damages Gillis is claiming to be "unreasonable and excessive" and is requesting the legal action be dismissed. 

The allegations have not been tested in court.

Court documents allege mounting tensions

Documents filed with the Ontario Superior Court of Justice show tensions between Gillis and the board of directors following Jennifer Carr's election as PIPSC president. 

About two weeks after taking office in January 2022, Carr advised Gillis that "he was no longer welcome to attend board meetings," Gillis's statement of claim said. 

When asked, Carr told Gillis that he brought certain "baggage" to the meetings, and his presence made other members of the board "uncomfortable."

Carr said this wasn't meant as a disciplinary action, but rather a "fresh way" for the board to operate, according to his claim.

In a 10-page statement of defence, the PIPSC maintains that Gillis made several faults that justified his dismissal. 

The union said Gillis repeatedly "placed himself in opposition" to the president and members of the board. 

"He was determined to maintain his own influence at the expense of frustrating the Board's initiatives and prerogatives," the statement reads.

"Through his actions, it was clear that the plaintiff viewed himself, not as an advisor to the board and administrator to the board's directions, but rather as a rival to the elected leadership for control over the organization."

After several disagreements, Gillis attempted to "rally elected members of the board against the elected president," the statement of defence says. "This pressure campaign against the board was highly inappropriate and the president felt intimidated."

PIPSC's lawyers also accuse Gillis of having abused his authority by asking a staff member to "create a fake Facebook account in order to infiltrate a private PIPSC members-only Facebook group and post rude and antagonizing comments." 

'Disrespectful and hostile'

The former senior executive also allegedly had "disrespectful and hostile interactions" with Carr, the board and other staff members. 

According to the statement of defence, Gillis was "refusing and/or neglecting to carry out the instructions" of the president and the board and is accused of "obstructionism and withholding" information from them. 

In the spring of 2022, Gillis was allegedly rude to members at a meeting of the board of directors.

The union said Gillis "proceeded to chastise the elected leadership of PIPSC and informed them that they were not entitled to information regarding operational matters of the organization."

After that incident, the chair of the finance committee advised Gillis that "his conduct was inappropriate and directed him to change his behaviour," the defence said.

Claims of wrongful dismissal

In his statement of claim, Gillis denies that he ever demonstrated "wilful misconduct, disobedience or wilful neglect of duty," within the framework of his responsibilities. 

He also said he was never subject to any formal disciplinary action or performance improvement plans over the course of his decades-long career with the PIPSC and at no point did "the defendant ever express any concerns to him regarding any alleged misconduct." 

The former senior executive maintains that the PIPSC has "concocted these allegations in an effort to avoid paying [Gillis] his entitlements upon termination."

"The [union's] conduct in this regard is egregious, arrogant, high handed and unduly insensitive," his statement of claim reads.

The fact that a union, as an employer, decided to treat one of its long service employees this way it's just very, very disappointing- Alex C. Lucifero, lawyer representing Gillis

Alex C. Lucifero, one of the lawyers representing Gillis, told Radio-Canada there is no proof of any of the allegations made by the defence to justify his client's termination. 

Lucifero said Gillis is disappointed, but also surprised by the attitude of the PIPSC given that it's a union.

"[A union], its very raison d'etre is to act in support and in favour of employees," Lucifero said.

"The fact that a union, as an employer, decided to treat one of its long service employees this way, it's just very, very disappointing."

Carr's office declined an interview with Radio-Canada, saying that PIPSC has a policy of not commenting on cases currently before the courts.

A lawyer representing the union told Radio-Canada by email that a mediation process between the two parties failed before the lawsuit was filed.

"The institute has an obligation to protect its members' money, which comes from their union dues," said Howard Levitt, the union's lawyer. 

"[The union] intends … to not spend more money on a settlement than what Mr. Gillis is entitled to," Levitt added. 

The two parties will return to court on Oct. 13. 

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