Court briefs: City sued by long-term Planning employee

The City of Mississauga is being sued for $300,000 in a wrongful dismissal lawsuit by a long time employee of the Planning and Building department.

Daniel McFayden, 53, has charged that he was fired without just cause from his job as a statistician for the City of Mississauga.

According to court documents, the City of Mississauga alleges McFayden abandoned his job after he was denied his request to work from home, following 14 months of leave, including six months of short-term disability benefits.

McFayden was first hired by the city 23 years ago as an information technician.

Court documents state that McFayden had an oral contract of employment of indefinite duration.

But in May 2009, a physician recommended McFayden take a medical leave due to work-related stress. As a result, the city granted him short term disability benefits from November 2009 to May 2010.

On June 17, 2010, McFayden was told by his psychiatrist he was “totally disabled” due to interalia major depressive disorder, anxiety and hypertension.

Six months later, McFayden’s physician advised him he could resume working in January 2011, provided he worked from home. The City of Mississauga, McFayden’s employer, denied the request and in April of that year accused him of abandoning employment.

Opened on June 6, the lawsuit has McFayden suing for general damages totalling $100,000, damages for loss of earnings and benefits in the amount of $146,000, as well as pension premiums from April 2012 to the date of trial.

He is also asking for 8 weeks pay in lieu of notice as well as severance pay.

McFayden is being represented by attorney Robert L. Jenkins.

The City of Mississauga is being represented by its legal council, lawyer Graham Walsh.

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