A former West Kelowna fire fighter has won his wrongful termination case against the city. Kerry Klonteig was second in command at West Kelowna Fire Rescue until October 2013, when he failed a roadside breathalyzer while driving the fire chief’s work truck.
He was given a 90-day driving prohibition and the chief's vehicle was impounded. Klonteig reported the incident but initially said it was the lesser, 24 hour suspension. “At some point, they learned of the lengthier suspension," said Justice Heather McNaughton. Klonteig was not criminally charged and McNaughton said his actions did not amount to just cause for firing. “Mr. Klonteig was not representing his employer when he engaged in the conduct that led to the suspension of his licence. Mr. Klonteig’s off-duty conduct was not incompatible with his faithful discharge of his duties or otherwise prejudicial to the interests or reputation of the District, and that his termination was without cause.”
Klonteig had been looking for 18 months pay as a settlement, because of a tarnished reputation. The judge ruled he couldn't have lost any credibility, because it wasn't publicized, and because he wasn't the 'face' of the organization. McNaughton ruled, he's entitled to 5 months pay.