A Weary Road For Justice

It took seven years, but a pair of Saskatchewan businessmen have finally won their claim to have been wrongfully accused of workplace misdemeanours and fired “for cause” on Jan. 20, 2012.

I’m raising the matter here in Victoria, a few thousand kilometres from Saskatoon, only because the prairie fire that sparked that seven-year-old war of words appears to be breaking anew on Vancouver Island. The backdrop is a little different as are the occupations of the lead players – but the events that led to their arbitrary removal from important jobs have key similarities, and flash warning signals from the prairie-past to those who walk a similarly hazardous Vancouver Island trail today.

William Antonishyn, 62, and Brian Swidrovich, 56, were senior managers with Credit Union Centre. The company is now known as SaskTelCentre. In a story published Feb. 26, 2019, Saskatoon Star Phoenix reporter Andrea Hill tells us in 2011 the year before their firing, Antonishyn and Swidrovich had earned a little more than $100.000.

The Star Phoenix states the charge leading to their dismissal claimed the pair “had inappropriately expended nearly $8,000 on a trip to Arizona with the organization’s outgoing executive director in the fall of 2011. Expenses included airfare, meals, drinks, golf and tickets to an Arizona Cardinals football game.”

Through their lawyer, Larry Seiferling, the pair launched a wrongful dismissal suit arguing the trip, and subsequent agenda had been company arranged. Lawyers for the company argued at trial there was no legitimate reason for the trip; that it was not approved by a new director or the board of directors, and that Antonishyn and Swidrovich should have known better than to attend.

Justice Richard Elson rejected the argument. The Star Phoenix reports that prior to the hiring of a new director – (hired after the Arizona trip was planned) – the management team was given “a relatively free hand” in deciding how to make the centre successful and had gone on similar trips with no repercussions.

In British Columbia, Speaker Darryl Plecas has touched off an explosive debate on what he and his once special advisor, now reporting as his chief of staff, regard as a litany of reckless public spending which could prove to be criminal. As a result of those charges, the BC Legislature suspended Senior Clerk of the House Craig James and Sergeant-at-Arms Gary Lenz from their duties pending a fact-finding inquiry by a retired judge.

James and Lenz have been granted limited time to defend their actions in early proceedings but insist they are all legal and explainable. All they can do is wait – and hope the investigating Judge will clear their names and eliminate the need to launch further legal action claiming wrongful dismissal. 

In upholding the claim that Antonishyn and Swidrovich had been fired without just cause, Justice Elson said he understood new standards had been introduced in the workplace, but they couldn’t be applied retrospectively. “I find it questionable for (a new director) to have retrospectively applied his own standards to practices that existed well before he arrived on the scene.”

The two men will receive between $250,000 to $300,000 each in compensation. Their lawyer says some consideration is being given to appealing the lack of compensation for moral and punitive damage in the court decision.

“I’ve just got to look at whether the amount for the years that these people have suffered and waited is correct. At the end of the day, they are happy that they finally got the court to say they didn’t do anything wrong, but there’s still some sense of frustration with the process – with the length of time and the fact that your life can be ruined by something like this.”

How long will the BC epic lurch along? No bets, but the Saskatchewan case, simple in comparison, took seven years to settle and left several battered personal lives in its wake.

There has to be a better way.

One comment

  1. As they say about civil litigation there are no winners; there are only losers. The real winners are the lawyers.

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