The City of Vernon has responded to a lawsuit from a former employee who alleged he was wrongfully terminated from a senior position overseeing the Active Living Centre (ALC) project.
Christopher Sheel filed a notice of civil claim against the city in March, alleging he was effectively forced out as senior manager of the $135.9 million project which is currently underway, with construction taking place next to Kal Tire Place on the Kin Race Track lands. The lawsuit argues Sheel was wrongfully dismissed without any notice or cause.
Sheel claimed his reporting structure had been "drastically altered," and it was made clear to him that if he didn't like the changes he would be removed from the ALC project.
Sheel said he was told about the changes in a meeting with Vernon CAO Peter Weeber on Dec. 12, 2024. The following day, ALC coordinator Doug Ross allegedly delayed explaining new reporting circumstances to Sheel until the following week, but then later that day sent a message to contractors about the change.
Sheel claimed that on Jan. 27, Ross told him he could no longer interact or directly communicate with Weeber, a restriction he said seriously affected his ability to do his job and led to him being "constructively dismissed," and forced to resign.
The city filed a counterclaim on April 25, which denies all of the substantive allegations in the lawsuit.
It says since March 2024, the city received complaints about Sheel's behaviour towards employees and ALC business partners, including undermining and dismissing other contributors to the project, usurping authority, interfering with internal management over third-party contractors, withholding information, and being disrespectful and "autocratic" towards others.
The city said it investigated Sheel's performance and found he was hindering team morale and the progress of the ALC project.
According to the counterclaim, the city asked contractors in a Dec. 13 meeting to raise project concerns to Ross. Three days later Ross asked Sheel to work collaboratively and communicate "thoughtfully" with teammates and business partners, and said Sheel's work obligations and title remained unchanged.
The city alleges Sheel approved of the changes being implemented.
The court documents show a deterioration of the relationship between Sheel and the city throughout the month of January. They allege on Jan. 14 Sheel refused to share information with the city's infrastructure team and disparaged contractors and city engineers, and two days later, after he missed a project team meeting, he emailed ALC project contacts telling them to communicate with Ross going forward.
According to the counterclaim, on Jan. 17 Sheel's lawyer told the city he was resigning from his position effective immediately. Around this time he stopped communicating with other ALC employees and on Jan. 22 he packed up his personal belongings and returned work equipment.
The city is arguing there is no legal basis that supports Sheel's claim that he was constructively dismissed.
"Changing the communication protocol does not amount to constructive dismissal when everything else about the job remains substantially the same," the counterclaim states. "The remainder of (Sheel's) employment was completely or substantially unaffected by the communication protocol change."
Sheel is seeking general damages, interest and cost, while the city is opposing all of the relief sought.
None of the allegations have been proven in court.
