Rural Nanaimo firefighter wins wrongful dismissal case

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Facts of the case heard Widdifield was a valued firefighter with an unblemished record, aside from damaging a fire truck he was operating while pulling into the fire hall.

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In 2021, Widdifield’s superiors began having concerns about his off-duty conduct based on reports from the members of the public.

Those concerns included the complainant laughing and cursing at neighbours when they approached him about igniting late-night fireworks, sending a threatening text message to his ex-wife’s friend, and initiating an “aggressive” exchange with staff at his children’s school resulting in a shelter in place.

“Mr. Widdifield told me that because of his PTSD, he struggles with emotional control when he is hyper-aroused, as he was during the incidents. At that time, Mr. Widdifield’s PTSD was aggravated in part due to stressors arising from his divorce,” wrote HRT tribunal member Robin Dean.

Widdifield was placed on leave on May 11, 2021, after being confronted by members of the fire department leadership team.

Mandatory counselling sessions were imposed and to be completed during the leave.

The HRT ruling stated while on leave and prior to counselling sessions commencing, another report was made from a teacher at Widdifield’s children’s school indicating he had “threatened, harassed, and intimidated her.”

“As a result of this report, which Mr. Widdifield’s superiors viewed as a breach of the Code of Conduct, Mr. Widdifield’s employment was terminated without further discussion or investigation. Mr. Widdifield appealed the decision within the NCID but was unsuccessful.”

Dean’s HRT ruling “easily” found the complainant’s PTSD factored into his termination.

NCID argued it had to terminate Widdifield, pointing to its Code of Conduct, stating the public must be able to maintain trust in its firefighters.

The HRT was satisfied Widdififeld sufficiently explained he was experiencing disability-related barriers in meeting the standards of conduct required by his employment.

“It triggered the accommodation process. NCID was required to take all reasonable and practical steps to address those barriers before firing Mr. Widdifield, NCID failed to meet this requirement.”

Widdifield successfully sought $35,000 for injury to his dignity, feelings, and self-respect.

The ruling, which referenced Widdifield was emotional as were his friends and family members who testified, stating he transitioned from joyful and happy to quiet and someone who keeps to himself.

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