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South Okanagan Photos

Former Keremeos fireman loses battle in court – Letter to editor

 Judge Dismisses MacLeod Claim against RDOS

In a May 30 3013 decision Judge Shaw of the Penticton Courts ruled with the RDOS and dismissed my claim for wrongful dismissal against the RDOS based on a time limit statute. Under the Local Government Act any claim against a regional district must be started within six months of the damages occurring. I initiated my claim seven months after being terminated as I was unaware of this time limit and, when I became aware of the time limit, felt there were some provisions in the law for late filing.

Judge Shaw also dismissed my argument that the case should be allowed to continue against the Keremeos Volunteer Fire Department as they are a separate entity.

While I respect the courts and the Judge Shaw’s decision I am very disappointed at not getting to argue my case.  I am also very disappointed in the way the RDOS senior staff and Board dealt with this situation. The Regional District has admitted all along that required process was not followed in dealing with my employment situation and termination. The allegations against me were incorrect and vague. The Regional District changed their reasons for terminating me from “For Just Cause” to “Without Cause” and instructed their staff to enter into negotiations with me for a settlement. No reasonable offer was made and no meaningful negotiations were initiated. Senior RDOS staff expressed concern about the manner my dispute was being dealt with. Despite their admission of not following required process the RDOS brought a lawyer from Vancouver who relied on legal technicalities to dispute my claim at considerable expense that likely exceeded the amount I was seeking.

Being a member of the KVFD had become a second job for most fire fighters. The call volume had risen to 150 per year and each call was getting longer. The main issues in the ongoing and escalating dispute with Chief Bosscha and the RDOS were a lack of leadership, inadequate training, low equipment budget, lack of standardization of procedures, downloading of responsibilities onto volunteer members, confusing boundary issues and little or no recognition for the dedication and commitment of the fire fighters. The RDOS response was to terminate the messenger not deal with the issues.

I am reviewing Judge Shaw’s decision and will be making plans for further action.

Doug MacLeod