Ex-UNB coach files wrongful-dismissal lawsuit
Richard Schick’s statement of claim alleges he was fired Oct. 31 for violations of harassment policy that administration didn’t specifically identify in letter of termination
The former coach of the University of New Brunswick's women's volleyball team, who was turfed this fall before the end of his contract, is suing the university for wrongful dismissal.
Legal counsel for Richard Schick filed a notice of action and statement of claim in the Court of King's Bench in Fredericton on Dec. 8 against UNB.
Schick's lawsuit says he was hired in May 2021 to coach the university's women's volleyball team, and he had a three-year contract set to expire May 3, 2024.
"On Oct. 31, 2023, UNB terminated the employment of Mr. Schick, allegedly for cause," the statement of claim says.
"The alleged cause, as set out in the letter of termination, was for actions and behaviours that violated UNB's discrimination, sexual harassment and harassment policy."
The lawsuit describes the termination letter as "deficient," alleging it didn't detail specifically what Schick would have done in violation of the policy and didn't specify when the supposed breaches were supposed to have occurred.
The court filing argues that amounted to a violation of Section 30 (2) of the Employment Standards Act.
That section of the provincial legislation states in part, “Where an employer dismisses an employee for cause the employer shall do so in writing, setting out the reasons for such action… unless this section is complied with no dismissal without notice is valid notwithstanding that cause for such action exists.”
None of the allegations in Schick’s statement of claim has been proven in court.
"The plaintiff further states that he did not engage in any conduct that constitutes just cause at common law," the statement of claim says.
"Prior to the termination, Mr. Schick had never been subject to any disciplinary action. Mr. Schick was never warned that his employment was in jeopardy."
He argues UNB breached his employment contract, constituting a wrongful dismissal and causing him to incur damages.
"UNB's actions of abruptly terminating Mr. Schick's employment, and wrongfully alleging cause for termination, have seriously damaged Mr. Schick's professional reputation and impeded his ability to find new employment," the lawsuit states.
"UNB's actions were unfair, misleading, unduly insensitive and in bad faith. The manner of the termination has caused Mr. Schick significant mental distress."
The statement also notes Schick left his family behind in Vancouver to take the job in Fredericton in 2021.
As UNB's women's volleyball coach, the statement of claim says, Schick received an annual salary of $87,820, group benefits coverage, pension plan contributions and four weeks of paid vacation.
As damages in the legal action, Schick is seeking the balance of those payments, moving expenses, unspecified "aggravated damages," interests and costs.
Andy Campbell, communications manager with UNB Athletics, referred questions about the lawsuit and Schick’s termination to university administration.
When contacted for comment, Marcia Seitz-Ehler, UNB’s interim director of communications, said the institution couldn’t comment on a matter that’s before the courts.
The university has yet to file a statement of defence, which isn’t unusual so soon after a lawsuit was initially filed.
No date has been set for the case to be heard in court.
Campbell said Wednesday the executive director of UNB Reds is filling in as the women’s volleyball team’s coach in the wake of Schick’s dismissal.
“John Richard is serving as the interim head coach this season,” Campbell wrote in an email to the Fredericton Independent.
“He previously coached the team for 14 seasons (1998-99 thru 2011-12).”
How things have changed
When UNB announced Schick’s hiring in April 2021, the news release detailed his background in volleyball both as a player and a coach, dating back to the 1990s.
He played volleyball professionally in Germany for one season before moving onto teaching and coaching.
He coached successful men’s teams at Red Deer College, the University of Alberta and the University of British Columbia, the release said, and he was named national coach of the year in 2003.
Schick also served as an assistant coach with Volleyball Canada’s women’s team, which excelled on the national and international stage.
Richard touted Schick’s experience and reputation as a major get for UNB Athletics at the time.
“Our committee was impressed with the depth and quality of the candidates, and although several finalists would have grown our program, Coach Schick stood out from the field, and above it,” Richard said in the release.
“He’s won as a student-athlete and a head coach at both the CCAA and U SPORTS levels. Throw in his experience with national team programs and we couldn’t be happier to see him land here.”
Don MacPherson can be contacted at ftonindependent@gmail.com.