Appeal Court rules in favour of whistleblower

Wednesday, January 10, 2007 | 12:08 PM CT
CBC News

A Regina bookkeeper at the centre of a precedent-setting whistleblowing case is hoping a decision by Saskatchewan's highest court marks the end of a six-year ordeal.

In November 2001, Local 771 of the Iron Workers Union fired Linda Merk after she raised concerns about irregular expense claims by two union officials. She said she had been wrongly dismissed and sued the union.

She took her case all the way to the Supreme Court of Canada, which ruled in her favour and sent the case back to Saskatchewan for a determination on compensation.

Last year, she was awarded $200,000 for lost wages, pension, benefits and interest — believed to be the largest award ever in Saskatchewan for this kind of case.

On Tuesday, the union asked the Saskatchewan Court of Appeal to set aside the compensation package, saying Merk didn't lose any wages because she was collecting sick leave benefits before she was fired.

"The respondent has been collecting maximum benefits under workers' compensation for the last five years and four months. That was my client's concern," union lawyer Rod Gillies said.

However, the court of appeal didn't agree and dismissed the appeal.

Merk said the latest court decision was bittersweet.

"We'll see what happens," she said. "The ball is in their court now, and we'll have to wait and see what they do. We're sure hoping and praying that this is the final conclusion of it all."

The union can seek leave to appeal Tuesday's ruling to the Supreme Court of Canada, but hasn't said if it will do that.

The decision means Merk can go back to her job, but she said she won't make that decision until she knows whether the union will take the case further.