Once symptoms of a known disability became exacerbated due to a toxic work environment, a government employee (terminated after 3 years of exemplary reviews) followed due process to address her complaints. Marielle, whose disability was known, bears witness to the difficulties, bias, incompetence, perjury and flawed logic of government in the process. On April 17, 2012 a legal proceeding was commenced in the Court of Queen's Bench against the firm of Thompson Dorfman Sweatman and Robert William Olson.
This has evolved into something so much more than from where it all began, just a case of one employee getting a raw deal from the Manitoba Civil Service Commission when it outsourced unfair, uncorroborated and false information to an employment agency. As posted on November 13, 2011 in Law at Lunch -- More Cowbell:
From a Government's perspective, particularly at the onset of the complaint, Marielle could not have been viewed as much of a threat. She was out of work. Had no legal representation. And any mental acuity she had at the time of employment with OSD was pretty much fried at the point of termination. And yet Government still called out for "More Cowbell" and rounded up one of Winnipeg's largest firms, Thompson Dorfman Sweatman to join in and clearly made no bones about it.
Why would government direct or allow its lawyers to launch such an aggressive stance without at least one attempt to try to resolve the matter in a conciliatory manner? The plaintiff made several requests to resolve the matter 'peacefully, respectfully and amicably" from the start, but all attempts were ignored.
Evidence would show that Olson used hearsay and primarily fabricated evidence to delay, demoralize, annoy, injure, and harass a person known to have a protected disability under the Human Rights Code. Common sense will tell you that these intentional delays work quite well in compounding legal fees and disbursements. Why go for a quickie resolution when you can be Thompson Dorfman Sweatman, creator of a Seinfeld case where top level execs make a lot of money protracting a complaint based on a defence of nothing; now held over for its 8th season…
One of the objectives in pursuing this civil suit is to shed light on the lavish spending by Government, money taken from public funds: a practice that continually adds to the provincial deficit. It is no secret that private law firms charge hefty fees for its services. Just how much is yet to be known. Manitoba Ombudsman denied a FIPPA request as to what those legal fees and government costs actually were in pursuing this one complaint. See Legal Costs Laughing Matter to Ombudsman.
Perhaps one thing that should be learnt from all this is that if there is any outsourcing to be done, with the intention of achieving a fair resolution in a conflict situation, it would make more sense to go with an independent mediator rather than a private lawyer. An independent mediator would be more likely to strive to avoid conflict – rather than create it in order to pad their billable hours. Independent mediators are also more likely to focus on goodwill and respectful treatment of all persons and not discount someone who is seen to be vulnerable and dismissed as collateral damage.
I Marielle Rowan, am the creator of this blog and Plaintiff in this civil suit, representing herself; doing up all the pleadings, research, etc. as I have done for the last four years throughout this quasi-complaint process of Consumers Bureau, Manitoba Human Rights Commission, Manitoba Labour Board and Manitoba Ombudsman.
The call is out for a GOOD lawyer to take a stand against those lawyers who give the profession of 'lawyer' a bad name. Right now I stand alone but at least I'm standing on principle. I could use some company.
Please also see open letter to Premier Selinger below as to what YOU can do.
Thank you.
Marielle
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Dear Reader,
Please do your part to remind Mr. Selinger that rights that are 'rights only on paper' are meaningless if they are not accessible to those who suffer from mental / intellectual illness who are denied access to the complaint process due to their disability or do not have the financial means to get legal representation. The original purpose of the tribunals were to provide access to the complaint process for those who were not able to because of their disability or did not have the financial means to hire a lawyer.
Imagine having a K-12 school that has built a play structure for the early years but allows the seniors to take it over and push out the little guys. Well, welcome to DISCOUNT JUSTICE (as it is known). As stated by a Winnipeg lawyer (someone on the Board of MHRC), who hissed out--the quasi-judicial system "... is not an investigation process. It's a trial by paper and you BLEW it by not hiring a lawyer."
As stated in the Manitoba Community Living report "When Bad Things Happen" most people found that the complaint process (such as Labour Board or Human Rights Commission) was more difficult than they could have possibly imagined and more damaging than what they had initially suffered as a result of the original complaint. The quasi-boards are NOT serving the purpose (or group) it was meant for. It is actually causing more damage, causing someone to expend all their energy on a mirage. Better that government come straight out and say, "We are NOT at your Service". At least then those most vulnerable to government's bullish ways can maintain some form of self-respect and dignity.
ASK QUESTIONS. GET INFORMED. BE PRO-ACTIVE.
Greg Selinger’s email address is premier@leg.gov.mb.ca.
“To improve is to change; to be perfect is to change often.” Winston S. Churchill (diagnosed bipolar disorder)
"… it is possible to recover from mental illness and overcome it and be successful - because Churchill is an example of someone who was able to do that …Had he been a stable and equable man, he could never have inspired the nation. In 1940, when all the odds were against Britain, a leader of sober judgment might well have concluded that we were finished.” Anthony Storr, psychiatrist and historian
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