North

Town of Hay River, N.W.T., ordered to pay former finance director 8 months' salary

A Northwest Territories judge ruled the Town of Hay River did not give proper notice to Harris when terminating him from his position in 2015. He was awarded eight months worth of salary and the value of his benefits.

William Harvey Harris was dismissed in 2015 after only a year and a half on the job

A large building seen from the outside has a sign reading 'Yellowknife Courthouse' above the door.
An N.W.T. Supreme Court judge has ordered the Town of Hay River to pay its former employee 8 months' salary. (Natalie Pressman/CBC)

The Northwest Territories Supreme Court has ordered the Town of Hay River to pay a former director of finance and administration eight months worth of salary.

William Harvey Harris was dismissed in 2015 after only a year and a half on the job. Harris, who was 69 at the time of his dismissal, argued he was wrongfully terminated from his role because of age discrimination.

He argued that due to his senior position and the lack of equivalent job opportunities in the region, he would have a hard time finding other employment.

Harris was seeking 18 months pay and damages equivalent to the value of his benefits. Justice Sheila MacPherson found no evidence that the termination of Harris was based on his age but that proper notice was not given by the town.

The judge found that Harris took reasonable steps to mitigate his damages, despite limited job opportunities in the North and ordered the town to pay the former director eight months worth of salary which totalled just over $70,000, along with the value of his employment benefits.

The court also dismissed Harris's claims for aggravated and punitive damages, concluding that while the termination was poorly handled, it did not amount to bad faith or malicious intent.

MacPherson said Hay River's handling of Harris's termination, particularly during the period following a contentious municipal strike, was unfortunate but not as unjust or outrageous enough to warrant additional damages.

"It is not surprising that the Town was facing some organizational challenges and that their internal processes may not have been functioning well at the time," MacPherson said. 

The judge also ruled the town can still approach the court to settle any outstanding issues related to costs, and any amounts previously paid to Harris will be deducted from the final judgment.

Both the Town of Hay River and Harris declined to comment. 

ABOUT THE AUTHOR

Carla Ulrich

Video journalist

Carla Ulrich is a video journalist with CBC North in Fort Smith, N.W.T. Reach her at carla.ulrich@cbc.ca.