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Publication date:
September 19, 2022 • 3 hours ago • 3 minutes read (free press file photo)
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A London long-term care boss fired after a Freedom Convoy donation data breach launched a $650,000 wrongful-dismissal lawsuit against his former employer, St. Joseph’s Health Care London, an action the hospital is fighting against.
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Andrew Adamick, the former executive director of Mount Hope Long-Term Care Center, is suing St. Joseph’s, which operates the 394-bed nursing home, for $601,355.97 in damages and $50,000 for alleged violations of the Ontario Human Rights Code stemming from its Feb. 28 termination.
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Adamyk is seeking $201,355.97 in damages for wrongful dismissal, an amount that reflects 18 months’ pay in lieu of notice, along with $200,000 in aggravated damages and $200,000 in punitive damages, money awarded by the court to punish a defendant or deter of the defendant or others from similar actions in the future.
Both Adamyk’s claim and the statement of defense filed by St. Joseph’s, contain claims that have not yet been tested in court.
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Adamik’s firing came after a list of donors who had contributed to the Ottawa Freedom Convoy’s online crowdfunding campaign was illegally hacked and publicly leaked.
The money contributed to the GiveSendGo campaign was intended to support anti-restriction protesters and the government as they continued their illegal occupation of downtown Ottawa streets last winter with transport trucks and temporary structures.
One Andrew Adamick of London is listed among GiveSendGo’s donors, contributing $100 to the online fundraiser on February 7.
Adamyk’s lawsuit does not say whether he donated to the campaign. The lawsuit alleges that the hospital’s statements to the media asking about his termination falsely implied that Adamik was not in compliance with workplace policies and regulatory standards and did not embody the hospital’s values.
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Adamyk’s lawsuit alleges that the hospital’s public announcement of his termination caused him to be “stigmatized” and “unduly embarrassed” and harmed his “prospects for future health care employment.”
St. Joseph’s statement of defense did not allege that Adamic was fired over the Convoy donation dispute, but said he was fired without cause after a series of incidents, including prior discipline, a poor performance review and a complaint to officer about his conduct.
The hospital claims Adamyk was disciplined after an investigation revealed he violated its workplace civility, discrimination and violence prevention policies. The investigation was prompted by a complaint in February 2020, the defense statement said.
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St. Joseph’s claims concerns about Adamyk arose during a performance review in January and February 2022.
“Reports of plaintiff’s lack of leadership, disorganization and dishonesty emerged during this review,” the defense statement said.
“Questions were also raised about the plaintiff’s character due to his reluctance to receive the COVID-19 vaccine. The plaintiff’s decision to remain unvaccinated for an extended period of time while working for one of Ontario’s largest long-term care facilities was a concern to St. Joseph’s management.
In the defense statement of St. Joseph alleged that the planned termination was accelerated after an employee complaint dated February 24, 2022, alleging that Adamyk displayed “Ku Klux Klan-related images at a financial meeting.”
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“The seriousness of this grievance in light of the claimant’s previous discipline ultimately resulted in the accelerated dismissal of the claimant already planned,” the hospital’s statement of defense said.
St. Joseph’s claims it provided neutral public statements about Adamic’s firing to inquiring media outlets.
Adamik’s claim for alleged violations of the Ontario Human Rights Code stems from a concussion he suffered after a car accident in October 2021 and a COVID-19 infection in January 2022, both of which forced him to leave work.
“Adamik believes that he was terminated in retaliation for taking disability-related leave,” the lawsuit states, “or was terminated in an attempt by St. Joseph’s to avoid the continued accommodation that Adamik’s disability requires.
“Adamick believes his disabilities were significant factors, if not the only factors, in St. Joseph’s decision to terminate him.”
St. Joseph’s argued that the workplace accommodations it provided Adamic were “adequate” and would have continued “as long as necessary,” and denied that the termination was related to his “alleged disability or need for accommodation.”
jbieman@postmedia.com
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