The former general manager of the Downtown Soccer/Field House Facility (DFFH) Inc. has launched a lawsuit against four members of the board over his wrongful termination in May 2018.
Graham Edge submitted a statement of claim to Moose Jaw’s Court of Queen’s Bench this past April — it was amended in July — alleging that defendants Ted Schaeffer (acting DFFH CEO) and city councillors Brian Swanson, Scott McMann and Crystal Froese are liable for his wrongful dismissal since they fired him without cause. They also did not pay him severance to which he was entitled, in place of reasonable notice given the senior position he held and the circumstances of his termination.
“The Plaintiff states that aggravated and punitive damages are warranted in the circumstances due to the Defendants’ conduct being suppressive, harsh, vindictive and malicious,” the document says.
According to the claims made in the document, the defendants should have known about the internal policies of DFFH but failed to learn or engage those policies. Furthermore, they were allegedly negligent in failing to protect Edge for following the internal harassment and professional conduct policy and the resulting responsibilities of his employment. Also, they are liable for breaching the Saskatchewan Employment Act.
Demands of the plaintiff
The remedy that Edge wants includes severance in place of reasonable notice for termination without cause; damages for loss of wages during his unemployment; damages for loss of pension benefits he would have received during his employment; damages for irreparable harm to his reputation; and damages for breach of the board members’ duty of care to act honestly and in good faith as part of the responsibility as board members.
Also, Edge wants aggravated damages for breach of the defendants’ duty to act in good faith and fair dealing with employees; punitive damages for the harsh, vindictive and malicious treatment of him before and after his termination; punitive damages for attempting to suppress rampant verbal and sexual harassment in the workplace; counselling fees; costs of this action and goods and services tax and provincial sales tax on the costs; pre-judgment interest, and; any other costs the court sees fit.
The statement of claim has not yet been proven in court.
The four accused had not filed statements of defence as of Aug. 21. The Express reached out to Schaeffer, Froese, Swanson and McMann for comment but did not receive a response by press time. This story will be updated as needed if any such comments are provided.
City’s response
“The city was thorough in its response at the time of the investigation and council acted within the full extent of our authority under The Cities Act,” Mayor Fraser Tolmie said in an email. “I cannot comment any further as the matter is now before the courts.”
Facts of the situation
The City of Moose Jaw hired Edge on Jan. 16, 2018 as the general manager of DFFH. Soon after, he received a complaint from a female employee of Mosaic Place, alleging that Myles Fister, director of building operations, was verbally and sexually harassing her, the statement of claim explained.
Edge investigated and was persuaded that the allegation had merit. He reported his findings to Al Bromley, director of human resources at city hall. With his encouragement, Edge commenced a more thorough investigation into Fister’s conduct.
Between Jan. 19, 2018 and Feb. 2, 2018, Edge and DFFH finance manager Jamie Ansell became aware of allegations of verbal, emotional and sexual abuse that Fister was perpetrating against other employees, and spoke with other women who confirmed the allegations. In total, eight women made allegations against Fister.
The investigation was kept to Edge, Bromley and Ansell since Fister was a long-standing employee, was in a director position, was well-known among staff and had a close relationship with Swanson, the document said.
Edge requested an emergency meeting with the DFFH board on Feb. 8, 2018 to discuss his investigation. Schaeffer, Swanson (board chair) and Froese and McMann were present. The general manager presented his findings and recommended that Fister be fired and his behaviour reported to police.
The board was split, and ultimately, took no action against Fister, while board members discouraged Edge from reporting Fister to Moose Jaw police.
“Councillor Brian Swanson vehemently objected to the termination of, or indeed any action against, Myles, and suggested giving him another chance,” the document said.
The board's actions
The board did not keep minutes of the meeting nor follow official meeting procedures, which resulted in no formal vote. Board members failed to address this issue reasonably and undermined and minimized Edge’s investigation, thereby breaching The Non-Profit Corporation Act.
Edge continued to raise the issue with board members afterward while looking for a solution, the document said. Swanson remained opposed to putting Fister on administrative leave, firing him, or reporting him to police.
The board fired Edge on May 25, 2018 for “incompatibility with staff” and he was only paid until June 15, 2018 despite having held the top position at DFFH. This violated an internal policy that protected employees from retaliation and in contradiction to Saskatchewan’s employment legislation protecting whistleblowers.
Outside investigation
City council directed the city solicitor on July 12, 2018 to hire an investigator to undertake a third-party review of the DFFH board’s conduct and whether it handled the personnel matter appropriately.
The investigator then conducted his investigation and reviewed the information Edge compiled, before providing recommendations to the municipality, the statement of claim said. After this, on Aug. 15, 2018, city council dissolved the DFFH board while Fister was then fired.
In the statement of claim it says that, after his firing, Edge acquired a lawyer since the DFFH board allegedly threatened him with litigation to remain silent. This is said to have contributed to his mental distress and difficulty finding a job.
