The City of North Vancouver’s decision to fire their facilities manager was abrupt, arbitrary and without cause, according to a wrongful dismissal suit filed Jan. 26.
Glenn Stainton, 59, is seeking damages after his 10-year tenure with the city was cut short Nov. 3, 2014, based on what the suit calls false allegations of negligence, insubordination and breach of trust.
“(Stainton) never engaged in any conduct that would constitute negligence,” according to the claim.
The firing left the Squamish resident suffering anxiety and depression, according to the suit. Besides losing his annual base salary of $141,323 and monthly pension contributions of $1,087, the termination also damaged Stainton’s reputation.
The former facilities manager is seeking punitive and aggravated damages.
The court will likely consider the duration of Stainton’s employment with the city, according to Peter Eastwood, an employment lawyer with the firm of Hamilton, Howell, Bain and Gould.
“If somebody’s only worked for a short amount of time, that’s going to be a consideration, as opposed to somebody who’s invested a long career with an employer and maybe has one blip in their performance,” he said.
When weighing a wrongful dismissal claim, the court often considers whether the relationship can be mended or if it’s “broken right at its core,” according to Eastwood.
“Generally speaking, these days in Canada courts require a pretty high threshold to . . . demonstrate that this particular employment relationship simply can’t continue,” he said. “It’s not uncommon for people to sometimes do things that are clearly inappropriate — but that doesn’t necessarily mean that constitutes cause (for termination).”
When awarding damages, judges commonly examine how the employer went about the termination and whether or not the employee had a chance to refute complaints, Eastwood said.
The Supreme Court of Canada has emphasized “the importance of employers acting with good faith and sensitivity in the manner of termination,” he noted.
Punitive damages are usually awarded only when an employer is “extreme and outrageous” in their handling of an employee, such as “playing hardball or using an allegation of cause as a tactic to essentially terminate someone under false pretenses.”
The city had not filed a statement of defence by North Shore News press time.
