School bus authority, ex-manager still disagree over 'bad faith' dismissal
Vicky Kyriaco alleges OSTA damaged her health and reputation, authority denies it
Recent court documents delve further into Ottawa's English school transportation organization and its former general manager being at loggerheads over her alleged dismissal last year.
Vicky Kyriaco, former general manager of the Ottawa Student Transportation Authority (OSTA), sued the organization for more than $800,000 for allegedly dismissing her in "bad faith" and damaging her health, career and reputation.
Last October, OSTA announced Kyriaco was taking a leave of absence while apologizing for an ongoing shortage of bus drivers resulting in hundreds of cancelled runs for students in Ottawa's two English school boards.
In December, the same month OSTA said she had "departed her position," Kyriaco filed a statement of claim against her former employer of about 12 years.
It said the announcement of her leave "left the public with the impression that [she] had been identified as the culprit for the shortages."
Last month, the bus authority filed its statement of defence denying all allegations and arguing she isn't entitled to any damages and compensation — calling it "unreasonable and excessive."
"OSTA denies it implicitly blamed Ms. Kyriaco for the shortages and service disruptions … OSTA denies that it created a toxic work environment, publicly humiliated [Kyriaco], or reduced or undermined her effectiveness," OSTA states in the defence
The organization further denies Kyriaco suffered damage to her reputation and argues it was "as a result of her own actions alone."
It requests the court dismiss the lawsuit with costs.
Kyriaco filed her response to that this week, denying all allegations in OSTA's defence statement. None of the allegations have been tested in court.
OSTA's defence
OSTA denied Kyriaco was cut out of meetings, said it took her warnings about money "seriously and took steps to address it" and said it provided her with "all information required to perform her duties" — which Kyriaco continues to deny.
Kyriaco said she wasn't made aware of the "true financial impacts of the funding formula" from school boards until the end of May.
"Despite numerous virtual meetings, discussions, and spreadsheets provided by Ms. Kyriaco between mid-April and July 18, 2023, the Directors of Education and the Associate Directors of Business could not reach a consensus as to how to deal with OSTA's anticipated cost overruns or deciding on service cuts," reads Kyriaco's response.
OSTA alleges "any restriction of information between the OSTA Board and Ms. Kyriaco was as a result of [her] actions," and said Kyriaco "refused to allow OSTA staff to provide data to the OSTA Board" or school boards.
"Instead she directed staff to ensure that the finances reported to the OSTA Board looked as poor as possible," OSTA wrote. Kyriaco denies this.
OSTA said in June 2023, Kyriaco sent correspondence "banning the OSTA Board of Directors from accessing OSTA staff for information while she was absent."
Kyriaco said she cautioned the board that staff members were "extremely busy" with their jobs and it was necessary to "set clear parameters."
"Likewise, when Ms. Kyriaco went on leave in July 2023, she restricted staff from providing financial information to the OSTA Board," OSTA further alleges.
Kyriaco denies this and said prior to her leave, she already provided a draft revised budget spreadsheet "with multiple scenarios" to the directors of education and associate directors of business.
Kyriaco continued to blame OSTA for failing to take steps to secure contracts, address service disruptions and communicate with parents during her medical leave.
She said the board was aware there would be disruptions as early as July 24. OSTA denies this allegation, saying it successfully negotiated remaining contracts for all but one bus operator during that time.
"OSTA Board's failure to announce the service disruption in a timely manner resulted in Ms. Kyriaco experiencing significant public backlash following her return from leave," Kyriaco wrote in her response.
Events surrounding medical leave
OSTA's defence also describes the events surrounding Kyriaco's leave of medical absence from July 19 to Aug. 27 and said a medical note she submitted dictated a gradual return to work plan of four hours a day until the end of September.
That note, according to the statement, stated that Kyriaco "could only occasionally deal with deadlines," "could cope with only small degrees of distraction," "was unable to cope with confrontational situations," and "was not able to work fully in co-operation with others but could do so when required," among other limitations.
Kyriaco said her medical note was not intended to be sent to the whole board but that it was circulated by the board president "without her consent."
OSTA said it hired a consultant to help transition Kyriaco back to work and manage her accommodations — whose role, Kyriaco argues, was not adequately explained to her.
The parties met in August to discuss the medical limitations "at length," when OSTA said Kyriaco "reiterated her desire to work four hours per day" and "wanted total discretion to respond to critical matters as needed, and to prioritize and delegate with support from staff."
During that meeting, OSTA said it proposed to delegate authorities and responsibilities to an acting general manager or retired staff member — stressing this was not "removal of duties," which Kyriaco previously alleged.
"Ms. Kyriaco declined these offers and refused to collaborate," OSTA alleged. "She ended the meeting by saying everyone needed to get out of her 'f..ing' way and let her do what she does 'without any help or interference.'"
Kyriaco, in her reply, explained that she felt "blindsided" by a new consultant directing the meeting, and felt a sense of "betrayal and animosity" as she had to spend an hour defending herself, prompting her to state "get the f--- out of my way and let me do my f---ing job."
She said it was not meant as a literal suggestion that the board shouldn't provide her with input or assistance.
OSTA said "given Ms. Kyriaco's position in regards to proceeding unilaterally with full control of every aspect of OSTA," it approved her flexible work schedule, with Kyriaco prioritizing and delegating tasks as she requested.
Kyriaco said she "never stated a desire to control the governance of the organization."
WATCH | How bus shortages affected rural areas:
OSTA said in September, Kyriaco went on her second medical leave of absence as Ontario's Ministry of Education began a third-party review of OSTA. Kyriaco said those two events were "completely unrelated."
An Ottawa-Carleton District School Board spokesperson said OSTA will not comment on ongoing legal matters. In an email to CBC, Kyriaco said she is not giving interviews at this time.
Last month the bus authority announced Joel Lemieux as its new general manager starting April 15.
Lemieux has 24 years of experience working in transit operations, OSTA said, including as a driver and most recently in the city's transit control centre.
Read both OSTA's statement of defence and Kyriaco's reply below:
OSTA's statement of defence March 21, 2024 (PDF KB)
OSTA's statement of defence March 21, 2024 (Text KB)CBC is not responsible for 3rd party content
Kyriaco's reply to OSTA's defence April 9, 2024 (PDF KB)
Kyriaco's reply to OSTA's defence April 9, 2024 (Text KB)CBC is not responsible for 3rd party content
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