City of Iqaluit denies allegations made in Bertol lawsuit

The City of Iqaluit has released a statement of defence denying allegations made by a former senior employee who recently slapped the city with a wrongful dismissal lawsuit.

Michele Bertol, the city’s ex-senior director of lands and planning, launched a wrongful dismissal suit at the city government last month claiming more than $700,000 in damages arising from her abrupt dismissal on Jan. 26, 2011.

Bertol, was summarily fired from her job Jan. 26, 2011, after nearly seven years of employment, following a council meeting held the previous day.

Her lawsuit, filed Oct. 28, alleges her dismissal flowed from a campaign of bullying, harassment and demeaning behaviour.

In the lawsuit, Bertol’s lawyer alleges Hussey told her she was dismissed “without cause” and claims more than $700,000 in damages.

But the city’s statement of defence, prepared by lawyers at the firm McLennan Ross LLP, denies all the allegations made in the lawsuit.

The statement says the terms of Bertol’s employment express or imply that either party could terminate her employment by providing either reasonable notice or, in the case of Bertol, payment in lieu of notice.

The city denies it breached that agreement.

Bertol’s lawsuit also claims she was subject to harassment and a hostile work environment, orchestrated by the city’s chief administrative officer, John Hussey, and other municipal staff and elected councillors.

The city’s statement denies that allegation as well, saying that at no time did Hussey and other municipal representatives act in an inappropriate manner towards Bertol.

“The defendant specifically denies that there was a campaign or conspiracy to determine and mistreat the plaintiff…. and that the plaintiff’s dismissal was designed to be an abrupt, humiliating and harsh as possible as alleged,” the statement of defence reads.

The city’s statement says that Bertol suffered no damages as a result of her dismissal and requests that her claims be dismissed, with costs.

None of the allegations made in Bertol’s statement of claim and the city’s statement of defence have been proven in court. The dispute remains unresolved.

It’s not clear how much money, if any, Bertol’s departure could cost the city.

But minutes from a Feb. 26, 2011 finance committee meeting contain a reference to a “significant increase in Planning Salaries and Benefits due to a severance package to be paid.”

The lands and planning department budget for 2011 appears to contain two line items for salaries and benefits: one for $115,200 and and another for $447,600. It’s not clear which item would include amounts set aside for severances to be paid to departed employees such as Bertol.