By Dominic Abassi

Former City of Nanaimo manager claims human rights violated by firing

Mar 18, 2018 | 10:11 PM

NANAIMO — A high level manager fired by the City of Nanaimo wants his job back, claiming his human rights were violated by a “wrongful dismissal.”

Former chief operations officer Brad McRae told NanaimoNewsNOW he filed a complaint on Friday, March 16 with the BC Human Rights Tribunal, asking the Tribunal to rule his rights were violated and he be reinstated to his job.

“My rights were violated under both the Human Rights Code and the Community Charter by the City holding a termination hearing in my absence after I was not medically cleared to attend,” he said.

McRae was fired in January during an in-camera meeting where Nanaimo Council upheld city manager Tracy Samra’s recommendation to terminate with cause.

McRae went on medical leave in late 2017 after Samra informed him she would be recommending his firing. Because he was an officer of the City, he was entitled to a hearing before Council. Samra was seeking termination with cause, meaning only five votes were required to endorse the dismissal.

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When asked for comment, the City confirmed its lawyers were notified of the complaint on Friday but said they could not comment on personnel or legal matters.

The Human Rights Tribunal said they do not confirm if complaints are filed or release details on complaints until they move to the hearing stage. It typically takes four-to-six weeks for the Tribunal to decide if a complaint is accepted, at which point the respondent is notified.

In October 2016, McRae was plucked from the District of Lantzville, where he served as chief administrative officer, to take on the newly created role of chief operations officer with the City. When bylaw manager Rod Davidson was let go in September 2017, the City said a reorganization of personnel would see McRae take on public safety, police, fire, bylaw enforcement and emergency management.

McRae’s roles and responsibilities at the City changed several times during his tenure.

Meanwhile, Davidson launched a civil claim against the City earlier this month, claiming he was fired in order to limit his pension. The claim has not been tested in court.

dom@nanaimonewsnow.com

On Twitter: @domabassi