Former cop files suit, claims toxic workplace

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This article was published 05/07/2023 (1057 days ago), so information in it may no longer be current.

A retired constable has filed a lawsuit against the City of Winnipeg, claiming the Winnipeg Police Service has a toxic workplace, over an alleged promised transfer to a community relations unit and its handling of complaints against her.

The suit was filed June 28 in the Court of King’s Bench by Winnipeg-based PKF Lawyers, on behalf of former Const. Belinda Duncan, who joined the WPS in 2000 and worked there until she was “constructively dismissed” in April 2022, taking early retirement.

Duncan, who is a woman of colour, is seeking damages to be determined at trial, as well as court costs. She claims the city breached its duty to her as her employer.

The City of Winnipeg has not yet filed a statement of defence.

Duncan’s allegations are centred around her application to be transferred to the WPS community relations diversity section in December 2017, and the aftermath of not being selected.

The section is described on the city website as consisting of four officers who are dedicated to “initiating and maintaining positive relationships” with different ethno-cultural groups and under-represented communities.

The statement of claim says Duncan was not selected, despite being senior to the three officers who had successfully applied.

The court papers say the WPS human resources director told Duncan all three spoke a second language, which is why they were selected. Duncan disputes that in the lawsuit, asserting only two are bilingual.

Then-Insp. Bonnie Emerson of the community engagement unit allegedly told Duncan she was “not the right fit for the direction in which the service is looking to head, as a whole,” according to the court papers. Emerson is currently superintendent of community engagement.

A few days later, Duncan filed an appeal on the decision. She attended a WPS forum about a week later, where she “spoke out at against the bias, systemic discrimination and employment inequality” she was subjected to regarding the transfer application, according to the court claim.

On March 28, 2018, Duncan had an appeal meeting with Deputy Chief Art Stannard, human resources, and the Winnipeg Police Association union, where she claims Stannard promised to have her transferred to the diversity unit but would not put it in writing.

In April 2018, the court papers say, the WPS received a respectful workplace complaint from an officer that had been assigned to the diversity unit that alleged Duncan was “spreading rumours” about the officer.

Duncan alleges the issue wasn’t given a thorough investigation, but WPS later determined (in July 2018) she had breached the respectful workplace standard.

The court papers say she spoke with the WPA president and a union lawyer in May 2018 about Stannard’s alleged promise to transfer her to the unit, and the president said it would be cleared up or the union would file a grievance.

In August 2018, Emerson filed a workplace complaint against Duncan, alleging she had engaged in disrespectful and insubordinate behaviour.

In March 2019, WPS determined there was insufficient evidence in the complaints to merit a charge under its regulations, but the “workplace had not been restored,” recommending Duncan not be permitted to transfer to the unit, the court documents say.

Emerson’s complaint was dismissed by professional standards, as it was incomplete and procedurally flawed, the claim says.

Duncan alleges she tried to have the WPA file grievances on her behalf or take the matter to arbitration multiple times, but it refused or failed to do so.

The alleged furor over the transfer resulted in an “intolerable workplace,” the lawsuit claims, leaving Duncan “forced to retire.”

Duncan did not reach her full 25 years of service and retired with a reduced pension, according to the claim.

None of the allegations have been proven in court.

erik.pindera@freepress.mb.ca