By David Briggs | BayToday.ca
Mattawa’s former Chief Administrative Officer, Francine Desormeau, has filed a civil claim against the Corporation of the Town of Mattawa alleging wrongful dismissal.
She is seeking compensation for breaching an employment contract, and damages for the town’s “breach of privacy, including compensations for injury to dignity, feelings and self-respect,” detailed Desormeau’s court file.
The total damages amount to just over $1.2 million.
BayToday reached out to the town, and Paul Laperriere, the interim CAO, noted “We can confirm that a claim has been filed against the Town and that the Town will defend the claim. As the matter is in litigation, we have no other comments at this time.”
See: Desormeau’s full statement of claim
Dana Tierney, of Tierney Stauffer LLP Lawyers, the firm that filed Desormeau’s claim, noted “The claim was issued on September 6th, and no Defence has been filed yet.”
BayToday visited the North Bay Courthouse to confirm if Mattawa had filed a Claim of Defence, but it has not. That claim could arrive around October 16.
Details and direct quotations are taken from Desormeau’s submitted court file. Note that the court file spells Bélanger’s name as “Belanger” throughout. BayToday has added the accent to the quotations, as this is Bélanger’s preferred spelling.
Desormeau was Mattawa’s first female CAO, a born and raised local woman who worked her way up from her first role with the town as an administrative assistant. She worked that administrative job for 21 years and accepted the offer to become CAO in the Fall of 2020.
See: Mattawa’s new CAO/Treasurer first woman to hold position
Before becoming CAO, Desormeau became Deputy Clerk in March 2014, and by the spring of 2015, “Francine served as the Defendant’s most senior Municipal employee, and she assumed expanded responsibilities related to town Council meetings and other senior management tasks within the Municipal office.”
In April of 2015, Raymond Bélanger – now Mattawa’s mayor – was hired as CAO. Desormeau reported to him, and three years later, in early April 2018, Bélanger conducted a formal evaluation of Desormeau’s work and “rated her overall performance as exceeding expectations.”
Around January 2020, CAO Bélanger “advised Council that his son would be applying for a position,” in the Public Works Department, “and he recused himself from the hiring process.” Desormeau “assumed his hiring process duties,” the claim noted, “which included working with a hiring committee” to evaluate candidates for the open position.
The hiring committee deemed another candidate better suited for the job and council agreed. According to Desormeau’s claim, the decision did not go over well with Bélanger.
“The following morning, Mr. Bélanger texted Francine, and another member of the hiring committee, and expressed that he was disappointed with their decision,” the claim detailed. He then visited her office “and informed her that he felt blindsided and embarrassed by her recommendation after ‘everything he had done for her’.”
Further, “Mr. Bélanger’s manner was angry and bitter, and it conveyed to Francine that he felt betrayed by her. Francine was hurt and alarmed by the accusations, and she feared that he was vengeful, and the impact that it would have on her future employment.”
Before this incident, the two “had enjoyed an excellent working relationship.” After the meeting, “Mr. Bélanger’s behavior and manner towards Francine conveyed a deep resentment towards her.”
About two months later, in March 2020, Bélanger resigned as CAO, and Desormeau accepted the position in late September. Throughout her tenure, “She was never accused of wrongdoing, and she was never disciplined.”
See: One of Mattawa’s own is CAO for the summer — and beyond?
Municipal elections were held in October 2022, and Bélanger was elected as Mattawa’s mayor, taking over from Dean Backer.
After the inaugural meeting of the new council, “Mr. Bélanger directed Francine to meet with him. Later that day, Mr. Bélanger and Francine met for approximately 5 hours, with the meeting largely consisting of Mr. Bélanger communicating his displeasure with Francine’s performance as CAO and Treasurer.”
In January and February of 2023, “Mr. Bélanger continued to display a resentful and negative attitude toward Francine. He poisoned the work environment and as a consequence of this toxic environment […] Francine’s job performance suffered, and she became increasingly anxious and distressed, resulting in her frequently attending the Emergency Room at the Mattawa Hospital with back pain, feelings of intense exhaustion, chest pain, and anxiety.”
Desormeau sought help for these health issues at the hospital, and a physician “instructed that she take a medical leave of absence from work in order to recover her health.”
With support from her family doctor, she began a six-week sick leave. She received “multiple calls and messages” of support for her recovery from members of her staff.
On March 14, 2023, “Ward Jones, the Municipality’s Human Resources advisor, emailed Francine and indicated that he had been asked by Mr. Bélanger to speak with Francine regarding the circumstances of her leave of absence.”
In early May, Deputy Mayor Matthew Gardiner emailed Desormeau – still on sick leave – requesting she return her work computer and any other Town of Mattawa property. “He also informed her that the Town would be hiring an employee to replace her on an interim basis.”
Gardiner then explained to Desormeau that the Municipality would be conducting an “organizational review” and asked that she participate in an interview. Management consultant Andre Clement conducted that interview and “Mr. Clement advised Francine that some unnamed staff members were criticizing Francine as ‘controlling’ and ‘not letting them do their jobs.’
Following her participation, Francine never heard back from Mr. Clement and was never provided with the results of the organizational review.”
Around June 9th, Desormeau was accepted for Long-Term Disability, and in late August, the Municipality, without prior notice, “notwithstanding that she had every intention of returning to her employment after her illness had resolved,” shipped all of her office contents and belongings to a local Purolator depot.
In January 2024, “the long-term disability insurer delivered a Return to Work Plan to the Municipality for approval.” That plan “contemplated her gradual return commencing March 4th, 2024.”
The following month, Desormeau’s legal counsel communicated with the Defendant’s counsel, the latter stating that “Francine would be placed on an unpaid leave of absence pending a third-party investigation” into various allegations.
Those allegations included “misconduct and dereliction of duties,” “harassment and bullying,” and “failure to manage finances.” No investigation had been conducted regarding the allegations of misconduct, the claim detailed.
On July 9th, Desormeau received word from the Municipality that her “employment was terminated effective immediately for ‘just cause.’” The letter, as per Desormeau’s claim, cited “just cause” as unprofessional behaviour towards staff, bullying, and harassment, creating a stressful work environment, and negligence in administrative tasks.
Desormeau’s claim demands the town pay damages for wrongful dismissal, including lost wages and unused vacation pay. The court file also alleges the town “has breached its duty of good faith and fair dealing towards Francine,” and owes damages.
Allegations also include the defendant’s breach of the Ontario Human Rights Code. Compensation is also sought for aggravated and punitive damages, “as The Town of Mattawa’s behaviour during Francine’s employment and upon termination caused Francine anxiety, shame, and distress. It has had a serious and permanent impact upon her emotional well-being and enjoyment of life.”
Bélanger’s conduct, “and those complicit in his behaviour as described herein,” the file noted, “was high-handed, callous, outrageous, and worthy of sanction in the form of punitive damages.”
