By Austin Grabish, The Selkirk Record
A community club already
riddled in a financial mess may have spent more than $62,000 on wages a former
employee sued for after he was told to either quit or be fired from his job as
icemaker and facility manager.
Darren Zembik stood at the
helm of the St. Andrews Community Club for nearly three decades before being
told last March he had to quit or be fired.
Zembik, a St. Andrews
resident and Olympic torchbearer, although reluctant at first opted for the first
option and quit his job last April.
And now the Record has learned Zembik sued his
former employer for lost income after he quit.
Court records obtained by
the Record show Zembik sued the
community club for $62,022.78 shortly after his departure from the club.
A statement of claim,
which has since been discontinued, alleged the community club breached a
contract with Zembik that said he would be employed until September 2019.
Documents state Zembik
would be paid $50,944.55 a year plus GST with an annual increase of two per
cent per year starting in 2009.
The documents also say
Zembik would be paid an additional $3,500 plus GST seasonally to make outdoor
ice.
A statement of defence
filed by the community club denied a contract between Zembik and the club
contained “any terms of employment,” but admitted Zembik was paid to supervise
maintenance at the club and deal with emergency situations.
The club also denied there
was any separate employment agreement relating to outdoor ice.
The lawsuit was
discontinued on Sept. 29, 2014, but Zembik never returned to work.
Community club finance
chair Patrick Gordon refused to comment on the matter, citing a non-disclosure
agreement that prevents information from the lawsuit from being shared.
“We’ve settled that and
there was a non-disclose signed so that’s pretty much all we can say,” Gordon
said.
Zembik also said he
couldn’t discuss details about the lawsuit, but in a text, said, “I’m pleased
with the outcome.”
Zembik is no stranger to
the St. Andrews community.
In 2009, RBC recognized
him as being one of Canada’s most devoted hockey volunteers for the hundreds of
hours he gave to hockey in his community.
He was also recognized in
the Hockey Hall of Fame, carried the 2010 Olympic torch, and RBC donated
$10,000 to a local hockey cause in his name.
Hundreds of residents
rallied in support of Zembik last year when he was told he would be fired if he
did not step down from his job.
A Facebook page and online
petition that called for Zembik to keep his job and the dismantling of the
community club’s board, garnered hundreds of signatures and “likes.”
Former St. Andrews Mayor
Don Forfar told the Record last year he
was inundated with calls from concerned residents who didn’t want Zembik to
leave.
The RM of St. Andrews
provides thousands in funding to the club, but an independent board runs the
organization.
The club’s finances have
been in ruins in recent years, and are currently the subject of an RCMP probe
that will determine if any criminal wrongdoing took place at the club.
-- First published in the Selkirk Record print edition June 11 2015 p.4
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