By Mark Squibb / July 14, 2023
Former Witless Bay town manager Shawn Kavanagh has filed a statement of claim against the Town of Witless Bay seeking $135,329 in wages, plus punitive damages.
According to Kavanagh’s statement of claim registered at the Supreme Court of Newfoundland on June 19, the Town of Witless Bay hired him on February 1, 2022, to serve as Town Manager on a fixed term basis from February 14, 2022, through till December 31, 2024.
The agreement between the Town and Kavanagh specified a four-month probationary period during which time Kavanagh could be fired either with cause or without, but the agreement did not provide “clear and unambiguous terms” that would allow for the Town to fire Kavanagh outside of that probationary period nor before the expiration of the agreement on December 31, 2024, according to the claim.
None of the allegations contained in the document have yet been tested in court. Up to press time this week, the Town had not filed a Statement of Defence.
As alleged in the statement of claim, the Town fired Kavanagh on February 23, 2023, by written notice and without cause. The claim further alleges Kavanagh was provided only two weeks pay in lieu of the notice.
Kavanagh is claiming that in doing so, the Town breached his employment contract, and furthermore claims the termination was in violation of the Municipalities Act as appropriate procedures for dismissal of a town manager were not followed, and that this caused harm to his reputation.
Though Kavanagh declined comment for this story, during an interview in November of 2022, he claimed council had not followed proper procedure in that it did not inform him ahead of time that it would be voting to terminate him, nor was quorum met the first time council voted to fire him.
As a point of fact, the motion to terminate Kavanagh was brought before council a number of times and approved each time, although procedural errors meant the vote had to be recast time and time again.
Kavanagh, who is represented by Devin Drover of Benson Buffett PLC Inc, is seeking $135,329 in pay that he says the Town owes him, as per the initial agreement. He is also suing for punitive damages, interest, legal fees, and “such other relief as this Honorable Court deems just and equitable.”
Witless Bay Mayor Trevor Croft said this week he could not comment on the matter as it was a Human Resources issue.
