July 22, 2016 - 5:00 PM
PENTICTON - The City of Penticton followed the rules when it terminated its former fire chief, according to its response to a civil claim filed by former Penticton Fire Chief Wayne Williams.
Williams filed the claim last month seeking damages for wrongful dismissal, breach of employment agreement, general and aggravated damages, punitive damages and costs over issues surrounding his retirement earlier this year.
In the response to Williams' civil claim, the city claims all rules were followed in terminating Williams’ employment with the city after both parties agreed on his retirement date of Feb. 22, 2016. It opposes any claims by Williams for damages, in addition to seeking costs for the legal proceedings.
The city says Williams’ retirement date was not unilaterally terminated but had been established by both parties in March, 2015. The city claims there was no legal basis to extend Williams’ employment beyond Feb. 22, 2016, and therefore, no notice, severance pay or other income owed as a result.
The city did agree, however, that it erred in the retention of Williams’ uniform, noting it was returned to him within days.
The city also claimed it was within its rights to inform Worksafe B.C. of information “felt to be relevant” to Williams’ Worksafe B.C. claim, adding the city dealt with Williams “in good faith throughout his employment and in relation to his retirement.”
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