Gregory Billings, a former firefighter in Fredericton, Canada is taking legal action against his former employer and union. Billings claims that he was wrongfully advised that he would be entitled to severance pay and pension benefits if he resigned due to the city's COVID-19 vaccine policy for employees. His lawsuit seeks $280,000 in pay in lieu of notice of termination, as well as damages for loss of pension and earnings up until his expected retirement at the age of 65.
According to the claim filed by Billings' lawyer, Jonathan Martin, he relied on misrepresentations by the City of Fredericton and suffered damages as a result. The claim alleges that the city employee wrongfully induced Billings to resign by offering retirement benefits, leading to the loss of his severance pay and a portion of his pension. The International Association of Fire Fighters Local 1053, Billings' former union, is also being accused of failing to properly represent him by not grieving his resignation.
None of the allegations have been tested in court, and both the city and the union have yet to file statements of defense. When asked for comment, the city spokesperson declined to provide any information as the matter is before the courts. The union did not respond to requests for an interview.
The events leading up to Billings' resignation are outlined in the claim. It states that issues between Billings and his employer began when he refused to comply with masking and testing protocols for unvaccinated staff. This led to his suspension without pay and threats of dismissal if he continued not to comply. The claim alleges that Billings returned to work and obeyed the protocols but was promptly suspended again for alleged noncompliance and speaking with the media.
The claim further states that a new COVID policy was introduced, stating that employees who were not fully vaccinated by a certain date would be suspended or terminated. Billings, who believed he would be fired if he did not get vaccinated, claims that he was misled by city human resources staff who informed him that he would not be eligible for severance pay if he was fired. Alternatively, he was told that if he resigned, he would receive his retirement severance and pension benefits. This misinformation allegedly led Billings to resign, only to later find out that he was not eligible for his severance pay or deferred pension.
The claim also alleges a breach of contract, stating that the city promised retirement benefits and pension as part of an agreement with Billings. However, the city has refused to provide these benefits, resulting in damages for Billings. Furthermore, the claim asserts that the union decided against grieving Billings' wrongful dismissal, which could have potentially led to reinstatement until the vaccination policy was abandoned.
As a result of these allegations, Billings is seeking damages for loss of pension and earnings up to the age of 65, pay in lieu of notice of termination, damages for the lost pension, prejudgment interest, and court costs.