The Downtown Penticton Association said it was justified in terminating the community market manager.
In a reply to the claim of a wrongful dismissal lawsuit filed by former market manager Laurel Burnham, the DPA states the organization found her performance as an employee unsatisfactory. The reply, filed on Feb. 2, states Burnham was given warnings that her performance needed to improve, resulting in her termination.
“I still maintain I was bullied relentlessly,” Burnham told the Western News.
“It’s a tremendous blow to the community. I created that market essentially. I was asked to start it in 2008 and have watched it grow and become the symbol of success that it is and if they think they can replicate that, they are mistaken.”
Burnham was dismissed in October 2014 from the position of manager of the Community Market organized by Downtown Penticton. She filed a claim seeking $25,000 in punitive and general damages for lost income and benefits, stress, anxiety, humiliation, embarrassment and financial distress on Jan. 19.
Kerri Milton, executive director of the DPA, said she was unable to comment at this time under legal advisement.
The DPA also states in the reply that because Burnham was terminated with cause, the association is not responsible for any punitive damages or emotional turmoil caused by the dismissal, and that her dismissal was not done in a manner that was unfair, unduly insensitive or in bad faith.
The DPA also stated that the amount claimed by Burnham exceeds what would be reasonable notice for an employee of 17 months, and that she failed to mitigate her damages by making reasonable efforts to find alternate employment.
Milton previously told the Western News the DPA is actively searching for a replacement and confirmed the market will open as usual starting on May 2.