Wrongful dismissal court case; West Kelowna fire fighter fired for drinking and driving

A civil trial is underway at the Kelowna Law Courts in a wrongful dismissal lawsuit launched against the District of West Kelowna by a former assistant fire chief for the municipality.

Kerry Klonteig was was fired from his $100,000 a year job in October 2013 for drinking and driving.

At about two o’clock on a Monday morning, after a night of dining and drinking at a Kelowna casino, Klonteig was pulled over for speeding on the floating bridge.

He was off duty but driving a fire department pickup truck.

The police officer testified he immediately smelled liquor on Klonteig’s breath so asked for breath samples.

“He had two tests, roadside tests on two different devices, and they both registered fail which earned him a 90 day driving prohibition,” said RCMP Cst. Troy Bevan. The vehicle was impounded for 30 days.

The West Kelowna human resources manager testified she tried to console a very distraught Klonteig the day after the incident. Patty Tracy thought they could work through the situation, go as easy as they could on the valued employee, and maybe put a letter on Klonteig’s file.

But hours later, the decision came down from Tracy’s “very disappointed and agitated” superior, the chief administrative officer, that Klonteig was being terminated.

His lawsuit filings allege: “The District failed to implement alternative disciplinary actions or any progressive discipline consistent with its treatment of other District employees in similar circumstances to Mr. Klonteig.”

In its response, the District says Klonteig was fired for just cause so no severance is deserved and that by drinking and driving “the Plaintiff posed a serious threat to his own safety and that of others and exposed the District to liability.”

Klonteig is seeking about $150,000 from his former employer, representing 18 months pay.

The trial is expected to wrap up Friday.