City files statement of defence in Donaldson case

BY HEIDI ULRICHSEN

The City of Greater Sudbury denies in a court document it had any part in causing the city's fire chief to have an emotional breakdown last spring.

A statement of defense was filed by the city Dec. 4 after Donald Donaldson sued his employers for $220,000.

He accuses the city of constructive or wrongful dismissal, a situation where the employer has not directly fired the employee, but there has been a significant, adverse change in the terms of employment, to the point where the employee is being forced to quit.

None of Donaldson's allegations have been proven in court.

“The city denies that it any way constructively dismissed the plaintiff,” the statement of defense says.

Donaldson, who is currently on unpaid leave from his job, met recently with newly-elected Greater Sudbury mayor John Rodriguez. The mayor says he asked the fire chief how he's doing and told him how much he was appreciated by the fire hall staff.

City staff have previously told Northern Life Donaldson is welcome to return to his job whenever he's ready.

In several places in Donaldson's lawsuit, he refers to the improper conduct of his supervisors, Mark Mieto, the city's chief administrative officer, and Alan Stephen, who recently stepped down as the city's general manager of infrastructure and emergency services.

According to the lawsuit, Stephen treated an anonymous complaint about Donaldson being drunk at a dinner after a Firefighters Memorial event in Ottawa as being true, when he knew it wasn't true.

The city's statement of defense says Donaldson “conducted himself in an unprofessional manner” in the presence of Stephen.

“Upon Mr. Stephen's return to the city, he received an anonymous phone call from an attendee of the memorial, complaining about the fire chief's behaviour,” the city's statement of defense says.

“Contrary to the plaintiff's allegations, Mr. Stephen did not admonish the plaintiff. Rather, he merely counselled the plaintiff to use care and caution at such events as he holds a position of trust in the community.”

Donaldson also complained he was admonished after leaving a city council meeting when he thought the fire department budget had been dealt with.

The city's statement of defense says Donaldson's request for the full amount of funds sought was denied by the city, and he “got up and left the meeting, mumbling to himself and appearing to be angry.”

“Subsequently, the plaintiff's issue was re-tabled, so Mr. Stephen had to leave the meeting to retrieve the plaintiff. After the meeting, some of the plaintiff's colleagues spoke to Mr. Stephen about the plaintiff's behaviour.”

Stephen also said Donaldson could pay for an out-of-town hockey tournament not covered by the fire department's budget by “cooking the books,” according to the lawsuit.

But the city's statement of defense says Stephen did not say the expenses could be covered over by “cooking the books.”

“Rather, Mr. Stephen understood the plaintiff to say that he, the plaintiff, had not been made aware of the event. As Mr. Stephen had discussed with the plaintiff as plead above, he disagreed with the plaintiff.”

Donaldson was eventually refused a pay raise and accused of mismanaging the fire department, the lawsuit says.

The city's statement of defense says Donaldson was given a pay raise, and he was never accused of mismanaging the fire department.