Chris Cousins' lawsuit against the Qulliq Energy Corp. begins in Iqaluit
Cousins claims he was dismissed for defending Inuit rights; QEC says Cousins quit
The civil trial of a former Qulliq Energy Corporation employee who says he was constructively dismissed began Monday in Iqaluit.
Chris Cousins worked for QEC for 16 years, lastly as a maintenance supervisor before leaving the company in March 2011. Cousins, who is himself a Nunavut land claims beneficiary, says he was constructively dismissed for persistently defending Inuit rights in the workplace. QEC says that Cousins, who is seeking more than $500,000 in damages, resigned.
Phil Hunt, the lawyer representing Cousins, said his client only ended his employment with the company because QEC had filed several disciplinary actions against him and demoted him.
In his statement of claim, Cousins alleged he was suspended without pay, and without cause, and was ordered to attend an anger management training program before he was demoted to a non-supervisory position and his salary was reduced.
Hunt said Cousins' departure can be traced to his vocal advocacy for beneficiary employment at the corporation.
Richard Beamish, the lawyer representing QEC, argued that the case is not about whether QEC followed Article 23 of the Nunavut Land Claims Agreement, which calls for increased Inuit participation in the territorial government workforce.
Instead, Beamish said the case is about Cousins' actions in bringing awareness to how QEC deals with Article 23.
Issues began in 2010
Cousins was the first and only witness during the first day of the trial, where he gave evidence about his time at QEC — specifically about the four disciplinary actions leading to his leaving the power utility.
According to Cousins' testimony, his disciplinary problems began in 2010, when another former Qulliq employee, Joe Sageatook, applied for a newly created entry level management job.
When the job went to a non-beneficiary instead of Sageatook, a power systems electrician and Nunavut land claims beneficiary, Sageatook began looking for answers. He included Cousins on e-mail threads to QEC managers.
An HR manager referred to Sageatook's e-mails as "belligerent", and Cousins was told to deal with his behaviour. However, he refused, believing that Sageatook did nothing wrong.
Over the following months, Cousins reiterated his view that QEC acted illegally when hiring the new manager, contending that they did not follow Article 23 of the Nunavut Land Claims Agreement.
Cousins received two letters of discipline and a warning about his behaviour before finally being handed a 30 working day unpaid suspension. He was also asked to complete anger management training and was demoted to a non-supervisory position.
Cousins said that he handed in a letter leaving the company just days after his return from his suspension. He is expected to return to the stand Tuesday, answering questions from QEC's lawyer in cross-examination.
The trial is expected to last all week.