RCMP Pays $1 Million for Harassment
Ex-RCMP Officer Harassed on Job Gets $1 Million
Staff sergeant, 2 other officers caused woman ‘serious psychological harm,’ judge rules
By Gerry Bellett, Vancouver Sun, Tuesday, January 24, 2006
MERRITT – A former Merritt RCMP officer has been awarded almost $1 million in damages after harassment by her commanding officer caused her to become clinically depressed and led to her quitting the force.
It is believed to be the highest harassment award made against the RCMP by a Canadian court, said Kamloops lawyer Barry Carter, who argued the case for ex-Mountie Nancy Sulz.
Sulz said Monday she’s still in shock from the award, but “no amount of money could replace the career that was taken away from me.”
“I had always wanted to be a police officer since I was a child. But I can’t do that work anymore. This whole thing has taken 10 years of my life. It’s been tough on my family and my friends,” she said.
Kamloops B.C. Supreme Court Justice George Lamperson awarded Sulz a total of $950,000 in damages, lost wages and loss of future earnings after finding Staff Sgt. Donald Smith and two subordinate officers caused Sulz “serious psychological harm.”
The RCMP has 30 days in which to appeal.
Lamperson ruled that Smith breached his duty by failing to ensure Sulz could work in a harassment-free environment as set out in RCMP regulations.
However, while the officer’s conduct was unreasonable and insensitive, there was no evidence he “deliberately set out to harass the plaintiff and drive her from the RCMP”, said the judge, who found Smith’s old school management style no longer acceptable.
“Although his manner was abrupt, demanding and unfeeling, his actions were consistent with his experience of the paramilitary command structure of the RCMP. It is clear, especially in light of the establishment and dissemination of a specific harassment policy that this command style was no longer appropriate in the modern RCMP,” Lamperson said.
Sulz said the ruling should be a wake-up call to the RCMP.
“I lost my job because I had a baby. I’m sure I’m not the only female member that’s had this happen to them. I complained twice [to superiors] because I wanted to keep working, but nothing happened,” she said.
Sulz joined the RCMP in 1988 and was in the Merritt detachment when Smith took command in 1994. At the time, she was contemplating a full career in the force, she testified.
Sulz testified her troubles began in 1994 when she was on medical leave due to complications from her second pregnancy. While off work she went on a shopping trip to Bellingham (home of the Workplace Bullying & Trauma Institute) without obtaining Smith’s permission.
She said she didn’t realize she had violated policy but was told by Sgt. Ron Angel that he and Smith were annoyed at what she had done and she would have to pay the price.(An RCMP inspector testified that this policy was not well known and has since been discontinued.)
When she returned to work she found that auxiliary constables were instructed not to ride with her because she was said to be manipulative and afraid of the dark. Because of the way she was being treated, her physical and mental health deteriorated, she lost nine kilograms (20 pounds), was constantly on the verge of tears and was unable to sleep.
In 1995, an RCMP psychologist recommended she work only part time. She was diagnosed as having major depressive disorder in February 1996 and told to take sick leave.
The psychologist then received an angry phone call from Smith suggesting that Sulz might have a drug-dependency problem, something he reported to RCMP headquarters, she said.
In 1997, “E” Division headquarters began a formal investigation into Sulz’s 48 complaints against Smith and found five allegations were founded, two could not be determined and the rest unfounded — based on the fact that it was her word against his and there was no corroborating evidence.
The findings came out in 1998 after Smith had left the force. Asked what she would do if any of her children wanted to join the RCMP she said: “I’d have my son pursue it, but I’d be very iffy about the girls.”
DAMAGE AWARD:
Here is how the almost $1 million in damages, lost wages and loss of future earnings was awarded:
$125,000, General damages
$600,000, Future wage loss
$225,000, Past wage loss
Total: $950,000
http://www.workplacebullying.org/2009/05/13/rcmp-2006/