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WCB is Broken

 

Disclaimer: The Buffalo Party obtained the documents and audio recordings from individual members affiliated with Safety Associations, and not from the Safety Associations in an official capacity. Additionally, the Buffalo Party submitted Freedom of Information (FOI) requests to acquire documents or other materials from public domains.

Two formal complaints filed against Phil Germain, CEO of the Saskatchewan Workers' Compensation Board (WCB).

The Complaints:

 a) Complaint 1: 2021

  •  Investigation into Germain’s ownership with Proactive Consulting Services Ltd..
    •  Revealed ownership until 2016 in Proactive Consulting Services Ltd..
    •  The investigation interview lasted 15 minutes. Reference page 5 and 6 of the documents below. (10:33 hours starts interview and 10:45 hours concluded)
      •  NOTE: No investigation into land ownership with Chris Budzich.
    • Phil Germain was the Executive Director of Prevention at the Saskatchewan WCB in 2005 and Vice-President of Prevention and Employer Services in 2012 to 2019.  Reference: https://www.iaiabc.org/contacts/phil-germain
      • NOTE: Vice President of Prevention and Employer Services on page 2 of the Funding Agreement is the definition of the Fund Administrator

b) Complaint 2: 2022

  • Complaint filed for breach of confidentiality and conflict of interest - Phil Germain
    •  NOTE: No investigation into complaints of threats, bullying, or ownership of the land which Proactive Consulting Services Ltd. operates.

Impacts:

  •  Unethical conduct, in violation of the WCB Governance Policy due to the ownership
  •  A violation of the WCB Act, 2011 section 9 and 11
    • A letter from Kristen Fry, CPA, CMA, Government of Saskatchewan indicating that there are no records in accordance with the WCB Act, 2023 section 9 and 11 when appointing or reappointing board members in 2024.
    • Possible breach of public trust.
    • Threats, bullying from CEO and WCB administration staff.

Outcomes:

  •  Safety association (SASM) defunded.
  •  Anonymous source informed the Buffalo Party that the WCB and SASM are in court.
    • WCB filed preservation order to try to obtain SASMs assets
  • NOTE: SASM filed the second complaint.
    • SASM filed a counterclaim against the WCB for breach of contract, conspiracy, unjust enrichments, and a failure to act as required by statutory.
    •  Injunction filed by SASM to stop WCB from taking their members during litigation process.
  •  WCB acting in bad faith during litigation by moving SASM members.

Documents listed below:

ISC Ownership:

1. Document confirming Phil Germain's ownership in a company that owns the land in partnership with Chris Budzich, where Proactive Consulting Services Ltd. operates in Regina and Saskatoon.

2. Document showing Phil Germain's ownership in Proactive Consulting Services Ltd. alongside Chris Budzich.

Complaints Filed:

1. First complaint - View the document was filed on October 3, 2021.

2. Second complaint - View the document filed on March 15, 2022, against the WCB CEO for breach of Confidentiality and Conflict of Interest.

Letters Submitted:

1.Letter to the Premier of Saskatchewan, Scott Moe, calling for an investigation into the complaints.

2. Letter from Canadian Manufacturers & Exporters to Hon. Don McMorris. Requesting immediate intervention in the dispute between the Safety Association of Saskatchewan Manufacturers (SASM) and the SK Workers Compensation Board (WCB).

3. Letter to Hon. Don McMorris on September 1, 2023. Informing the Minister of concerns and issues with the WCB.

  • On page 4, the letter sent states that there was no investigation into the complaint.

4. Letter to WCB on September 1, 2023. Requesting for an arbitrator.

5. Letter to Hon. Don McMorris on September 7, 2023. Requesting an arbitrator.

Funding Agreement - Reference Section 6

Phil Germain informs his business partner and friend Chris Budzich about the funding agreement before any safety associations are aware of its content. The Funding Agreement was never made public.

WCB Governance Policy:

WCB found in violation of Governance Policy (page 11 to 13) as the CEO had not relinquished directorship in land ownership with Proactive Consulting Services Ltd.

January 2021, WCB and Safety Association Meeting Minutes:

In or around January 2021, industry raised concerns about the new funding agreement with the WCB Board.

  • Industries inform the WCB board that they were not prepared to sign the funding agreement.
  • Concerns included the funding agreement taking power from their board, giving WCB more control, and threats to shut down an association.

Continue Working with the WCB Administrator:

WCB’s Board of Directors sent a letter stating that associations must continue working with the same WCB administration staff that had threatened them.

  • Associations were given 90 days to sign the new agreement.

Third Party Investigator Requested:

Saskatchewan government received requests from the Saskatchewan Heavy Construction Association (SHCA) for a third-party investigation into the funding agreements and the WCB administration. Requesting to halt funding agreement changes until the investigation was completed.

Mediation Terms:

WCB and the Safety Associations agree to mediation terms.

  • NOTE: Mediation terms states to not to pull funding or threaten to pull funding.

Breach of Mediation Terms:

WCB breaks mediation terms by pulling funding from the Safety Association two weeks after the terms were agreed upon.

  • NOTE: Anonymous source informs Buffalo Party that the WCB CEO, Phil Germain negotiating the terms of the new agreement during mediation in 2022 and 2023 while still owning the land with Chris Budzich and after the complaint was filed with the WCB Board of Directors.

WCB Board Chair Interferes with Mediation:

New information reveals that WCB Board Chair Gord Dobrowolsky interfered with mediation by calling an emergency meeting to prevent board members from attending, despite industry requests.

WCB – Feb 23, 2022:

On February 23, 2022, an email, from WCB Board Chair Gord Dobrowolsky acknowledging SASM's complaint.

  • Outline of concerns but refusal to accept supporting documents

WCB – Requesting Third Party:

In April 2022, SASM Board Chair Tim Erickson responded, requesting a third-party investigation. It expressed concerns about WCB CEO interfering with the investigation's integrity shortly after the complaint was filed.

  • Noted that the CEO and staff were withholding funding as a passive threat against the association and in potential retaliation.

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