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Mark Withenshaw says his dismissal from ICBC was politically motivated. (CBC)A former executive with ICBC is suing the Crown corporation for wrongful dismissal.
In a suit filed with Supreme Court of British Columbia on July 4, Mark Withenshaw claims he was made the "scapegoat" in the recent scandal at the provincial insurance company.
It saw employees selling written-off vehicles that were repaired at the ICBC centre after they altered the documentation of the repair history.
Withenshaw, a 27-year employee who was vice-president of driver services at the time of his dismissal, claims in his suit that he was told at a meeting with the president of the corporation on March 4 that his performance for the previous year had been so good he was entitled to a significant performance bonus under the terms of his contract.
But two weeks later, on March 19, Withenshaw was again called to the president's office, where he was dismissed without cause, the suit alleges.
Withenshaw's dismissal "was in bad faith and was for political reasons related to an embarrassing scandal involving employees of the defendant" other than himself, the suit reads.
Withenshaw "did not have line accountability for the affected department," the suit continues, "however, he was wrongfully made a scapegoat through his dismissal."
The suit contends the corporation knew that dismissing Withenshaw "in these circumstances was an attack on his reputation" and would cause him "mental distress and damage his re-employability."
The suit seeks punitive and aggravated damages.
Withenshaw, who was earning $189,510 at the time of his dismissal, was given an 18-month salary continuation as a severance package under the terms of his contract, according to the suit.
But his performance rating for 2007 was downgraded to the point where he was denied his performance bonus.
On March 20, the suit alleges, performance awards were made to all managers and executives except Withenshaw.
'High-handed acts'
The suit contends the timing of the "bad-faith dismissal" and depriving Withenshaw of an award "he had already earned," constituted "harsh, unconscionable and high-handed acts" that rendered Withenshaw "unemployable in the job market."
Withenshaw's lawyer did not return phone calls Friday, and a CBC reporter who visited Withenshaw's home in Port Coquitlam was told by his wife that he was away.
An audit by Price Waterhouse Coopers made public on Thursday uncovered 94 cars with altered documentation sold to unsuspecting buyers. Employees deliberately changed car payment and salvage codes to increase the resale value.
Potential buyers had no idea their car had been a writeoff, and in some cases should not have been allowed on the road.
On Thursday, ICBC's interim president, Geri Prior, apologized for the mess and said the managers who condoned the practice are no longer with the company. However, she refused to say whether anyone had been fired or reprimanded.
ICBC's lawyers refused to comment on the lawsuit on Friday.
But opposition critic Mike Farnworth said Friday people need to know what's going on at the Crown corporation.
"I think what ICBC needs to do is come clean with the public of British Columbia — the taxpayers who own the corporation — and let them know how many people have been dismissed over this scandal and what severance has been paid out over this scandal," the NDP MLA said.
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