The former master of the Queen of the North has lost his appeal of a ruling that found he was not discriminated against when B.C. Ferries fired him.
Colin Henthorne, master of the B.C. Ferries vessel when it sank in March 2006, was terminated in January 2007.
B.C. Ferries told him that due to operational and staff requirements his services were no longer required.
But in January 2008, Henthorne, who was in management, filed a complaint with the Workers’ Compensation Board, alleging he was let go because he’d raised safety concerns during an inquiry into the tragedy that claimed two lives.
A case officer for the WCB found that he was discriminated against and in February 2009, ordered that Henthorne be reinstated.
The case officer also ordered that an attempt be made to reach an agreement on an amount for past wage loss, lost benefits and interest owing to him.
B.C. Ferries appealed the rulings and the Workers’ Compensation Appeal Tribunal (WCAT) reversed the case officer’s decision.
Henthorne filed a petition seeking to overturn the WCAT decision but in a 23-page ruling released on Monday, a B.C. Supreme Court judge has dismissed his appeal.
“I agree with the submission of BC Ferries that the (WCAT) decision is well-reasoned and considered and based upon a meticulous review of the evidence and submissions,” said B.C. Supreme Court Madam Justice Carol Ross in her reasons for judgment.
“In the result, I am satisfied that the petitioner failed to establish that the decision is patently unreasonable.”
On March 22, 2006, the Queen of the North struck Gil Island and sank. Two passengers died in the tragedy.
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