Former Fredericton firefighter who resigned over COVID vaccine policy sues city
CBC
A former Fredericton firefighter who resigned because of a COVID-19 vaccine policy for city employees is suing his former employer, claiming he was wrongly advised he'd be entitled to severance pay and pension benefits even if he quit.
Gregory Billings is now seeking $280,000 for pay in lieu of notice of termination, as well as damages for loss of pension and earnings up to his expected retirement at the age of 65.
Billings also alleges the International Association of Fire Fighters Local 1053, his former union, failed to properly represent him by not grieving his "wrongfully induced" resignation.
"The plaintiff relied on the misrepresentations of the City of Fredericton that retirement was being offered to him and suffered damages as a result through loss of his severance pay and loss of a portion of his pension," states the claim, filed in the Fredericton Court of King's Bench by Jonathan Martin, the lawyer representing Billings.
None of the allegations in the lawsuit filed on Dec. 14 has been tested in court, and neither the city nor the union has filed statements of defence.
CBC News asked for interviews with the City of Fredericton and the firefighters' union.
City spokesperson Elizabeth Fraser, in an email, said the city will not comment on it as the matter is before the courts.
CBC News did not receive a response from the union.
According to Billings's claim, he was a 21-year member of the Fredericton Fire Department and held the role of captain of the fire prevention division when he resigned on or around Dec. 15, 2021.
Including overtime, he was earning approximately $140,000 annually.
According to the claim, issues between Billings and his employer began on Sep. 3, 2021, when he was sent home without pay in response to his refusal to comply with masking and testing protocols for unvaccinated staff.
On or around Oct. 15, 2021, the department notified Billings that if he continued not to comply, they would take steps to hire his permanent replacement, and that the union had approved his dismissal.
The following day, the fire department posted Billings's job as a vacant position to be filled, according to the claim.
The following week, Billings returned to work and obeyed the masking and testing protocols, but "promptly" thereafter was suspended for a day without pay over his alleged continual noncompliance with the protocols and for speaking with the media, according to the claim.
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