A former municipal employee is suing the city for more than $1 million for wrongful dismissal and age discrimination, according to court documents.

Kevin Shaw, 63, was fired on July 16, after working for more than 23 years as a municipal employee. He is seeking $500,000 for age discrimination, contrary to the Human Rights Code, as well as $589,257 for wrongful termination.

Shaw is also seeking $25,000 for aggravated and punitive damages.

"The defendant acted in bad faith and in a high-handed, callous manner, deserving of punishment," court documents reveal. "The (city) acted with flagrant disregard to (Shaw’s) rights after he had devoted (more than) 23 years diligently working for the defendant."

The municipality has hired the Toronto-based firm of Hicks Morley Hamilton Stewart Storie and indicated on Nov. 27 its intent to defend.

None of Shaw’s allegations have been proven in a court of law.

Shaw, an engineer, spent many years climbing the ranks of the civil service. First hired by the city in 1992, he was promoted several times before becoming director of engineering services in 2008 and assuming responsibility for 43 employees. He held that position until his termination in July.

While he alleges he "consistently received excellent performance reviews," his relationship with his superiors seems to have soured in mid-2014.

Court documents indicate Tony Cecutti, the city’s general manager of infrastructure services, took issue with the engineering division’s performance and gave Shaw a poor review.

"This was highly disconcerting to (Shaw), who was an extremely dedicated, highly competent, hard-working employee who had consistently received exemplary reviews and was successful in obtaining senior positions," they continue.

The documents go on to say that Shaw believed he was being targeted for his age "given comments made to him by Cecutti that ‘maybe (Shaw) was not up to the challenges or didn’t have the energy given that (he) only had a couple of years to retirement’ or words to that effect."

Shaw told Cecutti he had intended to work until the age of 68.

In August 2014, Cecutti is alleged to have made a rather disparaging remark to Shaw in front of two of his subordinates.

"Cecutti said ‘when you are old and ugly like Kevin, nobody bothers you,’ or words to that effect," the documents said.

In July, after returning from leave, Shaw was abruptly fired. Cecutti is alleged to have given him a letter that proposed he "agree to tell staff that he had elected to retire to minimize the attention drawn to his termination."

Shaw did not agree to the proposal; however, Cecutti is alleged to have ignored him, opting instead to send an email to staff on July 27 advising them of Shaw’s retirement.

At the time of his dismissal, Shaw earned a salary of more than $142,000, as well as a $5,000 car allowance, plus benefits and a pension. He is seeking the equivalent of 48 months’ salary and benefits based on his age, senior managerial role, 23-year tenure, exemplary work record and the lack of similar employment opportunities given his specialized field.

"The plaintiff was shocked, dismayed and angered by these highly offensive comments, especially after devoting the majority of his working life to working for the (city). (Shaw) suffered mental anguish and a loss of dignity and loss of feelings of self-worth," the statement of claim indicates.

"The plaintiff claims his age was the real reason for his termination, and the defendant orchestrated the dismissal and was disingenuous at various times both before and during termination about the reason for his termination."

Finally, the court documents indicate Shaw continues to seek employment, but has so far been unsuccessful.

– with files from Harold Carmichael

maryk.keown@sunmedia.ca

Twitter: @marykkeown

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