Arguments begin in constructive dismissal suit of ex-CBRM manager

A former senior civil servant with the Cape Breton Regional Municipality was told his job could be in jeopardy shortly after the election of a new council in 2012,Nova Scotia Supreme Court heard Monday.

John Whalley, a former economic development manager for the municipality, is suing the CBRMover constructive dismissal.

The 56-year-old resigned in May 2015from his role, which he had held since March 1997.

Whalley'slawsuit alleges he resigned after he was removed from a key file overseeing thedevelopment of Sydney's port and moved to a project with no council approval and no budget.

Jerry Ryan, the municipality's former CAO, told court in Sydney about a meeting he attended in late 2012 with newly elected mayor Cecil Clarke.

He said Clarke suggestedit would be difficult for the new council to work with Ryan or Whalley. He alsosaid Clarke indicated Whalley'sposition would likely change information Ryanpassed along to his colleague.

Ryan said he and Whalley were the key municipal officials who fought the province over federal equalization payments, alleging the CBRMwas notreceiving its fair share.

Clarke was a cabinet minister in the provincialProgressive Conservative government at the time.

In later testimony, Whalley described the relationship between the municipality and the province during that period as "quite vicious."

Confidence lost

Whalley testified that in 2013, the acting CAO of the CBRM, Marie Walsh, conveyed in a conference call with port consultants that Whalley "didn't enjoy the confidence" of the mayor.

That undermined his ability to do his job, Whalley told the court,and put him in a precarious position.

None of the allegations hasbeen proven in court.

Whalley'slawyer, Blair Mitchell, led his clientthrough a series of emails between 2013 and 2015 in which Whalley raised concerns with other senior municipalofficials over how CBRM was negotiating contracts andmoving ahead on economic development projects.

In one exchange from June 2014, Whalleyargued the new governance model for Sydney's port should be public and transparent. He also said itneeded some level of accountability.

He testified no one responded to his emailand none of his concerns wasreflected in the new Sydney Ports Corp.

Severance pay questioned

Although Whalley's suit does not name a specific amount for damages, his contract is expected to be an issue of contention.

Ryan testified he negotiated 12 months of severance pay for termination without causeand remembers the same clause being included for senior managers, including Whalley.

Tony Mozvik, lawyer for the municipality,challenged Ryan's memory of events from more than 20 years agoand suggested perhaps hewas mistaken.

Mozvik said Whalley's formal employment letter makes no mention of severance.

Whalley testified he remembers signing several other documents when he was hired, but could not find a copy of his employment contract.

He will return to testify tomorrow.

Five days have been set aside for the proceeding.