Penticton’s Chief Administrative Officer (CAO) is being sued by his former employer, Enbridge, due to allegedly violating a previously signed relocation payment agreement.
The Calgary-based natural gas distribution company filed a notice of claim in the province’s small claims court on Oct. 7, requesting Donny Van Dyk to repay $30,799.92, which Enbridge expensed under a relocation payment agreement.
The claim states that Van Dyk entered the agreement on Aug. 31, 2017, and it stipulates that “a percentage of the relocation cost would immediately become due and payable if certain events occurred within 24 months of the date (Van Dyk) was expected to start work.”
The claim goes on to state the agreement stipulates that Van Dyk would pay 100 per cent of the relocation cost, $40,791.90, if he resigned on a date less than 12 months of his start.
Furthermore, if he resigned between 12 months and 18 months after his relocation date, he would be expected to repay 75 per cent of the relocation cost, and if he resigned between 18 to 24 months of his start date he would be expected to repay 50 per cent of the relocation cost.
Enbridge is seeking $30,593.92, plus interest and legal costs, from Van Dyk as his resignation from his position on Sept. 20, 2017, was 17 months after his effective relocation date. The claim states that Enbridge sent a letter dated July 25, 2019, demanding full payment by July 31, 2019, to which Van Dyk responded and said he had retained legal counsel.
“I was made aware of this claim yesterday (Oct. 7) via a member of the media. I have not been served with the claim and don’t intend to discuss this matter publicly,” stated Van Dyk in an email to Western News on Oct. 8.
Enbridge claims to date, Van Dyk’s lawyer has not contacted the company concerning the debt owing and none of the allegations made by Enbridge have been proven in court.
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