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Oliver & Osoyoos News

Ex-staffer sues Village of Midway over alleged dismissal based on 39-year-old youth charge

Dismissal for youth charge?

A former employee of the Village of Midway has filed civil lawsuit against the municipality, claiming wrongful termination and breach of employment contract based on youth convictions.

The suit, filed on April 24 in B.C. Supreme Court in Penticton by Suzanne Katherine (Alicia) Jenks, names the the village as the defendant and alleges wrongful dismissal from her position.

Jenks states that she was employed in the position of bylaw enforcement officer from Aug. 7, 2023 to May 30, 2024.

Jenks alleges that on Sept. 9, 2023, the village had requested a belated criminal record check.

On Oct. 11, 2023, the results of the CRC allegedly indicated a conviction for a youth charge of Jenks using her sister's ID to enter a licensed facility 39 years ago in Calgary, Alta.

Jenks says she immediately went to work on getting the record pardoned and advised the village of this.

"Over the course of seven months up to the date of termination, [Jenks] provided [the village] with the updates as the status of request and document to support request for pardon, inclusive of flying to Calgary to obtain youth records," the civil claim reads.

On May 21, 2024, Jenks claimed she was sent home without notice, alleging that they told her "the council does not have faith in you continuing in your role as bylaw enforcement officer."

She claims she was told that the village and council would take the next two days to discuss whether she would continue to work for them.

Jenks says she was told to return to work on May 23, 2024 and when she arrived, she was handed a termination of employment without explanation or comment.

She then reportedly went into respiratory distress and requested 911 assistance from the village, which she claims they ignored. She says the village phoned RCMP after she left the premises to issue a complaint regarding her driving.

"RCMP's investigation of [Jenks] was not completed as there was no evidence to support the allegation," the claim reads.

Jenks is seeking relief from the village for wrongful termination and breach of employment contract, along with aggravated and punitive damages.

The Village of Midway supplied an emailed statement, noting they "intend to defend against [the lawsuit]."

"Our legal team is reviewing the claim. We have no comments about the merits of any claim as the process plays out," the email reads.

None of the allegations in the lawsuit have yet been proven in court.



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