Penticton CAO sued by former employer Enbridge Pipelines

Photo: Castanet Staff

The City of Penticton’s chief administrative officer is being sued by his former employer for moving expenses the company wants back after he left to take the city manager role.

Enbridge Pipelines filed a $30,800 lawsuit in small claims court Monday against Donny Van Dyk, in an attempt to claw back part of a relocation agreement Van Dyk allegedly signed with the company in Aug. 2017.

The lawsuit claims Van Dyk and Enbridge reached an agreement that saw the company pay $40,800 in moving expenses required for his employment with Enbridge.

The suit said the agreement included a clause that would have required Van Dyk to repay Enbridge 100 per cent of the relocation cost if he left the company within 12 months of the move. That figure would fall to 75 per cent if he left between 12 months and 18 months, and finally, to 50 per cent if he resigned between 18 months and 24 months of the agreement.

The lawsuit claims Van Dyk resigned from Enbridge on Feb. 22, 2019, 17 months after the agreed upon relocation date. In Enbridge’s eyes, they are now owed $30,593.

“By letter dated July 25, 2019, Enbridge demanded full payment of the debt by July 31, 2019,” the lawsuit alleges. “The defendant responded and advised Enbridge he had retained legal counsel in relation to the debt.”

A lawyer representing Van Dyk hasn’t contacted the company in relation to the debt, Enbridge’s lawsuit continues. 

Van Dyk was surprised by the lawsuit when contacted for comment by Castanet News, stating he hadn't yet been served. 

"I don’t intend to engage in a public discussion on this matter, but will privately manage this claim," he said.

None of the above allegations have been proven in court.