A former senior official at the City of Charlottetown in 2018, who identified himself as a whistleblower, is taking legal action against the municipality for alleged wrongful termination. Scott Messervey served as Charlottetown’s deputy chief administrative officer (CAO) from January 2018 to January 2019 under Peter Kelly’s tenure as the city’s CAO.
The controversy arose when Messervey and another former deputy CAO claimed they were dismissed after raising concerns about the city’s administration and financial matters. Messervey lodged a whistleblower complaint in late 2019, which was subsequently investigated by a third-party firm, BDO Canada. Although the audit did not uncover any fraudulent activities, it confirmed that certain transactions breached procurement and expenditure policies.
A redacted version of the audit report was made public by the council in 2023. Council members voted to remove the term “whistleblower” from the report’s title, contending that Messervey was not technically a whistleblower as he was no longer employed when he communicated his concerns to the council.
In 2021, Messervey initiated a small claims action against the city, seeking approximately $13,000, alleging that the city failed to fulfill its obligations regarding his severance. Following a series of legal proceedings, Messervey was granted permission to refile his lawsuit as a wrongful termination case, despite missing the statutory time limit.
His new claim, filed in February with legal representation, demands $1.16 million from the city, accusing Charlottetown of unfair and oppressive conduct during his dismissal. The lawsuit asserts that the city terminated Messervey as his whistleblower concerns intensified and failed to investigate his complaints in line with its own policies.
Messervey, a seasoned licensed public accountant with significant experience, claims he faced challenges during his tenure and was let go without just cause. The city refutes the allegations of wrongdoing, highlighting issues with Messervey’s adaptation to the municipal environment and communication style.
The legal battle between Messervey and the city underscores broader concerns about governance and transparency, emphasizing the need for addressing issues in good faith rather than resorting to wrongful termination. As the case unfolds, neither party’s claims have been substantiated in court, and trial dates are pending.