By Mark Squibb
Former Witless Bay Town Manager Shawn Kavanagh and the Town of Witless Bay have settled a suit over his dismissal, but the details have not been made public.
Kavanagh, a lawyer, sued the Town for $135,329 in outstanding wages, plus more in damages and costs, following his dismissal in February 2023.
According to a statement of claim filed on his behalf on June 19, 2023, Kavanagh was hired on February 1, 2022, on a fixed term basis from February 14, 2022 to December 31, 2024.
That period included a probationary period, which expired on June 14, 2023.
His hiring followed a tumultuous period at the Town Hall following the departure of a couple of top municipal officials and the election of a new council which itself was the centre of controversy over the way some councillors allegedly gained access to the Town Hall before they were sworn in.
According to Kavanagh’s statement of claim, he was fired, without cause, on February 22, 2023, and provided two weeks pay in lieu of notice.
The firing, he maintained, was a breach of his agreement with the Town and a violation of the Municipalities Act, as appropriate procedures for dismissal of a town manager were not followed.
Kavanagh, represented by the law firm Benson Buffett, sued the Town of Witless Bay for $135,329 in outstanding wages punitive damages, judgement interest, costs, and other reliefs to be determined by the court.
The Town, in a statement of defence filed on July 21, 2023, denied wrongdoing, and disputed Kavanagh’s claim that there was a fixed term agreement, claiming Kavanagh was hired as a permanent employee on an indefinite basis.
According to the Town, “it was a clear and ambiguous term of the Agreement” that council could terminate his employment at any time following the probationary period.
Furthermore, the Town, represented by the law firm Stewart McKelvey, argued that even had there been a fixed term contract, it would be in the right to terminate Kavanagh.
The Town denied Kavanagh suffered the losses set out in the Statement of Claim or that he was entitled to any damages.
“In particular, the Plaintiff’s claim for punitive damages, is completely without merit,” reads the statement of defence. “At all times, the Town treated the Plaintiff fairly, respectfully, in good faith, and not in any manner that would warrant an award of damages to the Plaintiff.”
Documents made available to the lawyers, but not included in the public record, included e-mail correspondence between councillors and staff, councillors and Kavanagh, and staff and Kavanagh, public meeting minutes, and social media posts by then councillor Lorna Yard.
Kavanagh’s firm filed an official notice of discontinuance on December 1, 2025, but neither he nor the Town would discuss the matter.
“My only comment is that I'm satisfied the matter has been settled and I am very grateful for the support shown by the people of Witless Bay and the Southern Shore since I started my solo law practice in 2024,” Kavanagh replied by e-mail when contacted in December.
Town Chief Administrative Officer Jennifer Aspell did not reply to an enquiry for comment.
