ERIN – Arguments over the possibility of a new job with the Ontario Clean Water Agency (OCWA) are significant in a legal dispute between the Town of Erin and former water superintendent Joe Babin.
Documents at Guelph Superior Court reveal a disagreement about whether continued employment for Babin was a realistic possibility, after the town decided last year to shut down its water department and contract the work to OCWA.
Babin claims his employment with the town was wrongfully terminated.
The town says he was given working notice until July 31, 2018 and later a severance offer to continue his salary for one year. That offer was rejected.
Babin’s claim says Erin did not provide reasonable notice or pay in lieu of notice.
As water superintendent, Babin earned $104,312 annually, plus overtime.
He is claiming $500,000 in damages, plus interest, legal costs and expenses “related to his continuing attempts to mitigate his damages by seeking alternate comparable employment.”
A wrongful dismissal suit has also been filed by former Erin water foreman Lou Lauryssen who, unlike some other water department employees, did not obtain employment with OCWA.
Lauryssen’s claim for $175,000 in damages says he had been earning $43.78 per hour plus overtime.
The cases remain open to the possibility of mediation.
The town’s statement of defence for the Babin case denies all allegations, and states that the day after town council voted in April to outsource municipal water operations, Babin was informed the town would work towards securing employment for him with OCWA.
In a written reply, Babin says he has no knowledge of an initial promise to seek employment for him.
The town says when town officials met with Babin on May 3 he was interested in knowing what potential position would be available at OCWA, but on May 10 and in a response to a follow-up enquiry, Babin said he was not interested in a position with OCWA.
The town argues Babin had the “ability to transition to a new role that would have been comparable to his role with the town.”
The town says its offer, plus attempts to secure employment for Babin, are “far in excess” of what is legally required, and that his refusal to consider employment with OCWA demonstrates “not only a failure to mitigate but a sense of entitlement far in excess of any legal obligation which is owed by the town to the plaintiff.”
Babin acknowledges the severance offer and his rejection of it, but his reply denies various allegations made by the town.
It says that after he received his termination notice, the town sent him an email asking if he would like the town to try to negotiate a job opportunity, but that there was no guarantee.
Babin says he responded that he wished the town to negotiate on his behalf, but shortly afterwards he received a phone call from CAO Nathan Hyde “indicating that there was no job” for him.
Babin says it was only after this call that he decided not to enter negotiations about OCWA employment.
The town says Babin “failed to take all reasonable and sufficient steps to mitigate any alleged damages” and refused to provide his resume to OCWA, “despite the town’s assurances that it understood OCWA would be prepared to offer him a job.”
