Former government staffer, appointed by Tories, files wrongful dismissal suit

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This article was published 15/04/2025 (205 days ago), so information in it may no longer be current.

A LONGTIME Progressive Conservative political staffer, appointed by the Tories to chair the Clean Environment Commission, is suing the NDP government for wrongful dismissal.

Jonathan Scarth was appointed by an order-in-council in September 2021 under the previous PC government to chair the commission from Jan. 1, 2022 through Dec. 31, 2026.

That appointment was revoked through a second order-in-council issued by the NDP government on Jan. 29.

The commission, an arm’s-length agency, conducts public reviews and hearings on matters of environmental concern and gives independent advice and recommendations to the environment minister.

Marcia McNeil, a labour and employment lawyer based out of British Columbia, filed Scarth’s wrongful dismissal lawsuit in the Manitoba Court of King’s Bench last week.

The statement of claim names the provincial government as defendant. The government has yet to file a statement of defence and the matter hasn’t been heard in court.

Scarth’s claim seeks a court declaration that the termination of his appointment was invalid and damages for wrongful dismissal equivalent to the pay, benefits and pension contributions he would have received if he had completed his term.

He’s also seeking aggravated and punitive damages as well as interest and court costs.

Scarth’s claim says he did not enter into a written employment agreement during his tenure ahead of his termination.

His starting salary, inked in the order-in-council, was $170,502. As of his termination, Scarth’s annual salary was $196,431, with five weeks vacation and other benefits.

“The plaintiff proved to be a valuable and reliable chairperson during his employment with the defendant,” reads the claim.

The court papers said the order-in-council terminating him was passed without Scarth’s knowledge.

He was called for a meeting with the deputy minister of environment and climate change, Jocelyn Baker, on Feb. 4, the lawsuit alleges.

“During this meeting, Ms. Baker purported to terminate the plaintiff’s appointment effective immediately,” the court papers claim.

“Ms. Baker acknowledged that the parties had not concluded a written employment agreement… and told the plaintiff that his severance ‘would be resolved on the basis of common law.’”

He was given six week’s pay in lieu of notice, the court papers said.

The lawsuit alleges his appointment through the order-in-council entitled him to due process prior to termination, making it void. Order-in-councils are public records of decisions made by provincial cabinet.

The court papers claim, because Scarth was not considered a core public service employee, the deputy minister did not have the authority to terminate him without cause.

Scarth’s court papers call the government’s conduct a breach of contract and a breach of its duty of fair dealing, saying the manner of dismissal was “malicious, high-handed and deserving of rebuke.”

The lawsuit points to the language in the 2021 order-in-council and oral agreements over his term as evidence of a contract.

Scarth first began working in PC politics under former premier Gary Filmon in the 1990s.

Scarth was later tapped in the 2000s to serve as former PC leader Hugh McFadyen’s chief of staff and was the party’s chief executive officer for a stint.

He was named former premier Brian Pallister’s principal secretary in 2016, before his environment commission appointment.

Naline Rampersad, a spokeswoman for NDP Environment Minister Mike Moyes, would not comment Monday on Scarth’s appointment being revoked, citing the lawsuit.

The PCs did not return a request for comment.

Scarth’s lawyer declined further comment, beyond what’s in the court filings.

The Jan. 29 order-in-council also appointed new chair Aimée Craft, a University of Ottawa associate professor of law.

Several other prior appointees were turfed from the environment commission at the same time.

erik.pindera@freepress.mb.ca