Ex-firefighter sues Fredericton city hall

Gregory Billings resisted masking, vaccination mandates during pandemic; he also names firefighters’ union as defendant for alleged failures to represent his interests

A former Fredericton firefighter who resigned is suing the municipality, alleging wrongful dismissal and arguing the city’s masking and vaccination mandates forced him out of his job.

Legal counsel for Gregory Billings, a former Fredericton firefighter, filed a notice of action and statement of claim in the Court of King's Bench in Fredericton on Dec. 13, alleging wrongful dismissal.

Billings, a resident of Kingsley, says he was employed by the City of Fredericton as a member of the Fredericton Fire Department for 21 years, up until Dec. 15, 2021.

Gregory Billings is pictured on social media in 2019. (Photo: Fredericton Fire Department/Facebook)

He argues he's owed back pay, proper severance, his adjusted pension and other damages, claiming he was forced out of the fire department by pandemic-related policies implemented for municipal employees by Fredericton city hall.

None of the allegations in Billings' statement of claim has been proven in court.

"On or around Sept. 3, 2021, the plaintiff was sent home without pay from the Fredericton Fire Department," the statement of claim says.

"This was in response to his non-compliance with COVID masking and testing protocols for the unvaccinated."

Billings said his continued resistance to the city's pandemic policies gave rise to a notification Oct. 15, 2021, that the employer was moving to hire someone to replace him permanently, and it posted the vacant position the next day.

"The following week, the plaintiff returned to work and obeyed the masking and testing protocols," the court filing states.

"Following the plaintiff's return to work, the plaintiff was promptly suspended for a day without pay. The reason given for this suspension was his alleged repeated non-compliance with the protocols and speaking with the media."

It said a new COVID-19 policy was introduced Oct. 29, 2021, requiring all fire department employees to be fully vaccinated by Dec. 17, 2021, else they be suspended without pay or fired.

Billings claims that since his position had been advertised as vacant, he figured he'd be fired if he didn't get vaccinated, so he was weighing his options, between dismissal or resignation.

"Around October and November 2021, the plaintiff was fraudulently or negligently misinformed by human resources for the City of Fredericton that he would not be eligible for his severance pay if he was fired," the statement of claim says.

In September 2021, Fredericton city hall announced employees would have to show proof of vaccination or submit to regular testing, or risk suspension without pay. (Photo: City of Fredericton/Facebook(

"He was told that if he resigned, he would have received his retirement severance and pension benefits, in accordance with... the collective agreement."

Relying on those representations, Billings said, he submitted his resignation Dec. 15, 2021. But the next month, he claims, he was informed he wasn't eligible for severance or his deferred pension, which was the only reason he'd resigned, arguing that the events amounted to a wrongful dismissal.

Billings said when he resigned, he was earning $140,000 when factoring in overtime, and he was entitled to $280,000 in severance in lieu of two years' reasonable notice.

City spokesperson Elizabeth Fraser told the Fredericton Independent on Wednesday the municipality had no comment as the matter was before the courts.

Alleged failure to represent

Also listed as a defendant in the lawsuit is the International Association of Fire Fighters Local 1053, the union representing Fredericton firefighters.

The statement of claim contends the union was complicit in his ouster from the fire department.

"[The city] asserted that the association had approved his dismissal," it said.

Billings argues the union had a "common-law duty" to represent his interests diligently.

"The association neglected or refused to grieve the plaintiff's termination and the misrepresentations that brought it about, or represent the plaintiff, and is therefore liable to the plaintiff for his losses," the statement of claim notes.

"Had the association grieved the termination, the likely outcome based on the arbitral jurisprudence would have either been a reinstatement with or without pay until the vaccination policy was abandoned by the fire department several months later."

When reached for comment Wednesday, Local 1053 president Barry Durling said he’d been unaware of the lawsuit until the Fredericton Independent contacted him about it.

He said he wanted to hold off on speaking about the legal action until he’s had a chance to review the statement of claim and to consult with legal counsel.

“We look forward to defending ourselves before the court,” Durling said.

In addition to the $280,000 in severance, Billings is suing for loss of pension and earnings up to the retirement age of 65, damages for his loss of pension, pre-judgment interest, costs and any other relief the court might deem appropriate.

The city and the union have yet to file statements of defence with the court, which is customary given how recently the lawsuit was filed.

Don MacPherson can be contacted at ftonindependent@gmail.com.