The King’s Bench for Saskatchewan has ordered the City of North Battleford to provide further disclosure of documents in a wrongful termination lawsuit involving its former fire chief.
The former chief, TB, initiated a legal action against the city after his employment was terminated.
The city admits the termination was without cause, making the main point of contention the quantum of damages, if any, payable by the city in lieu of sufficient notice. TB also claims that the city’s conduct during the termination may make them liable for additional damages.
City’s arguments
The city contends that certain claims made by TB are not valid under established legal precedents. Specifically, the city argues that damages to his character and reputation cannot be claimed as a separate head of damage in a wrongful dismissal case, citing legal authorities to support this position.
Similarly, it asserts that claims for intentional or negligent infliction of mental suffering are not available in the context of wrongful dismissal cases.
It did acknowledge that a court may award separate damages in cases where the employer’s conduct during the course of termination was unfair or conducted in bad faith, which includes being untruthful, misleading or being unduly insensitive.
Issues raised in the ruling
The court’s decision centered on TB’s application for disclosure of specific documents that he believes are relevant to his claims for damages arising from the manner of his dismissal. The court considered whether the requested documents were material and relevant to the issues raised in the pleadings, focusing on five separate areas:
- Documents relating to the city’s investigation of complaints against TB.
- Documents relating to TB’s employment performance.
- Documents relating to the termination of TB’s employment with the city.
- TB’s complete personnel file with the city.
- Other files relating to investigations.
Ruling highlights
The court found that documents related to the city’s investigation of complaints against TB were relevant to his claim for damages arising from the manner of his dismissal.
The court referenced previous cases where investigative files were deemed relevant to assess whether the employer acted in good faith during the dismissal process.
Regarding documents related to TB’s employment performance, the court held that they may contain information relevant to the city’s good faith in terminating his employment. Even though the city terminated him without cause, the court stressed that an employer’s conduct during dismissal may still be scrutinized for bad faith, which is subject to the duty of good faith in employment contracts.
The court also determined that documents related to the termination of TB’s employment were relevant to evaluating the city’s actions in good faith during the dismissal process.
However, the court dismissed TB’s request for “other files” relating to investigations, deeming it too vague and speculative, resembling a fishing expedition.
The City of North Battleford is required to provide the requested disclosure within 30 days, with the court’s determination on claims of privilege for any disclosed documents adjourned until a later date.
For more information, see Brice v North Battleford (City), 2023 SKKB 136 (CanLII)
