Former chief administrative officer Roy Brown is suing the Town of Didsbury in small claims court for four months of salary and benefits for allegedly terminating his employment contract without cause.
A statement of claim filed in Alberta's provincial court (civil) on Dec. 21, 2015 states that, under the contract, Brown's salary in 2015 was $152,000 per year and estimates that his benefits were $27,900 per year.
The reasons for the claim states that the employment contract could only be terminated for just cause or on the payment of four months' pay in lieu of notice.
Brown is claiming $80,000 plus interest “under the Judgment Interest Act,” but “abandons that part of (the) claim that exceeds the financial jurisdiction of the court.” Provincial court of Alberta (civil) judgments are limited to $50,000.
The $80,000 claim is made up of $50,666.67 for wrongful termination or breach of contract, $5,000 for lost benefits and $25,000 for “aggravated and/or punitive damages.”
The claim alleges that in June 2015, “Mr. Brown was placed on disability leave due to health issues (and) during his Illness Leave certain members of council commenced a campaign to discredit, embarrass and humiliate Mr. Brown.”
On Oct. 8, he “provided his doctor's confirmation that he was fit and able to return to work and that he would do so on October 13.”
He was advised by email Oct. 9 and letter Oct. 12 that he was being placed on leave pending an investigation into “accusations of malfeasance”.
The two parties exchanged correspondence in October and November. Brown declined to meet with the town and provided written responses to what he considers the “false allegations” against him.
In November, he learned that the town had hired an acting chief administrative officer who would take office on Dec. 1, 2015.
“It became apparent that the (Town) was not proceeding in good faith without any genuine intention to allow Mr. Brown to respond to the False Allegations,” the reasons for claim states.
On Nov. 26, the Town of Didsbury “formally confirmed to Mr. Brown that it had terminated (his) Contract and Mr. Brown's employment effective November 24, 2015, alleging just cause.”
Allegations in the statement of claim have not been proven in court. The town has not filed a defence. Town council's discussions of this matter have been held in “in camera” meetings and are confidential.
