Judge dismisses geneticist Stacey Hume’s $2.6M lawsuit

An Edmonton Court of King’s Bench judge has dismissed Stacey Hume’s $2.6 million lawsuit. The geneticist wanted to sue Alberta Health Services (AHS) and Alberta Precision Laboratories (APL), arguing she was fired after speaking out about bullying.

On Thursday, Justice Lucille Birkett justified her decision by indicating that Stacey Hume was an employee of the University of Alberta, not ofAHS or ofAPL.

I consider that the complaint against AHS And APL is not foundedshe said.

In her decision, she said there were many indications of an employment relationship between the plaintiff and the defendants, but being a valued member of a team working in a laboratory did not make Stacey Hume their employee.

Stacey Hume worked as a professor in the Department of Medical Genetics at the University of Alberta and was co-director of a lab on the university campus. According to her contract, her employment was dependent on funding fromAHS and 75% of his work was clinical.

She claims she was fired in November 2021 by the chair of the University of Alberta’s medical genetics department, who allegedly cited the fact that:APL had stopped funding his position.

In 2022, Ms Hume filed a lawsuit against AHSbecause she believes the provincial agency was behind her dismissal from the University of Alberta’s medical genetics department, which was allegedly a form of retaliation after she spoke out about a toxic work environment.

Alberta Health Services lawyer Sarah Nykolaishen says Stacey Hume had an employment contract with the University of Alberta only.

She explained that when the geneticist was hired, the offer was to be an employee of Capital Heath (now AHS), or the University. Stacey Hume consciously chose the latter, according to the lawyer.

AHS claims to have stopped funding Stacey Hume’s job as part of a broader business strategyhiring its own geneticists to improve contract efficiency and increase oversight of clinical services.

An employee ofAHS, according to the complainant

Stacey Hume’s lawyer, Kathryn Marshall, told the court on Thursday that her client was, however, an employee ofAHS because she had a management role where she had to supervise employees of the health organization, she had business cards and an email address ofAHS.

Kathryn Marshall said the geneticist also had a provincial agency ID card and laptop, and was promoted and demoted by AHSthat its performance was evaluated by AHSthat she had spoken to the media on behalf ofAHS.

Contracts are important, but they don’t tell the whole storyshe added.

Kathryn Marshall added that her client had also received a certificate marking her 15th birthday fromAHSwho described her as a manager and staff member. According to the lawyer, the health organization had complete control over Stacey Hume’s work.

Geoff Hope, a lawyer for the University of Alberta, said the type of funding agreements and conditional appointments are common among universities. In his view, performing work or services somewhere is not the same as being an employee.

It all comes back to the contracthe said.

With information from Madeleine Cummings