Calgary Jewish Academy lawsuit sees school pay former principal nearly $900K

A shouting match over paint colours at the Calgary Jewish Academy spurred a feud that resulted in the school being ordered to pay almost $900,000 in damages to its former principal.

In awarding Ben Karmel $870,000 in damages for wrongful termination,Calgary Judge A.D. Macleod wrote a harshly-worded decision, posted Thursday, blamingthe former board chair for sabotaging the former principal.

It comes following a two week trial in 2014the evidence from which is detailed in Macleod's decision.

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Karmelbegan working as the principal atthe school on a five-year contract in 2006 which was renewed for a second term in 2011.

That's the year Eric Kettner became president and chair of its board, and when an18-month-long feud began.

"Mr. Kettner was looking for a way to sabotage Mr. Karmel, and he was not the least bit shy about sharing that intention," wrote Macleod.

The paint incident

In an incident Macleod calls "unfortunate and bizarre,"Kettner confrontedKarmel in Aug. 2011, expressing his own, as well as some parents' concerns about paint colours in the schoolhallways.

The document doesn't elaborate on why the parties had a problem with the paint.

During that discussion, Karmel told Kettner that painting the hallways was the responsibility of the building superintendent and custodian and offered to arrangea meeting.

The exchange became heated and several times, Kettner told Karmel to stop speaking.

It was this confrontation that Macleod says had a "lasting impact on the relationship."

From that point, Kettner was found to have waged a campaign topoison the board against Karmel.

"Ben bashing" meetings

Kettner excluded Karmel from meetings,sent negative emails about him to colleagues andconsulted an employment lawyer in Aug. 2011 aspart of his effort to turn the board against the principal, the judge found.

"I personally cannot take another "negative Ben bashing" meeting," wrote one board member in an email to Kettner.

Kettner blamed Karmel for a decline in enrolment but the judge disagreed.

"The most thoughtful views on enrolment in evidence before me were those of Mr. Karmel," said Macleod."Enrolment was also was tied up with the school's morale, which was dependent upon good faith collaboration between the administration and the Board."

By Nov. 2012, Karmel was "near his breaking point," taking medication for sleep and depression.

'Astonishing' behaviour

The judge's words are scathing towards Kettner throughout his decision.

"Mr. Kettner impressed me as inflexible and controlling. He insisted upon a hierarchical structure of which he was the head," said Macleod."I find Mr. Kettner's behaviour in this petty situation to be astonishing."

The tight-knit Jewish community in Calgary meant that Karmel's work and home life were "one in the same," with his professional reputation tied into how he was perceived within the community.

"The success of the school was of the upmost importance to him," said Macleod. "In my view, outside of his family and his faith, the CJA was the most important thing in Mr. Karmel's life."

The ruling states "The evidence of Ms. Karmel was that Mr. Karmel suffered considerably before, during and after his sudden termination mid-year. Rumors were rampant surrounding his firing. He felt isolated. He and his family felt socially uncomfortable in their otherwise tight knit community. Although Mr. Karmel diligently sought similar employment, he met with no success. Eventually he retrained and became a licensed private investigator."

The judge found Karmel's termination had no merit and ordered he be compensated$670,000 in damages under the employment contract plus $200,000 in aggravated damages for the harm Karmel suffered because of the school's conduct.

Karmelseeking closure

It's closure, more than anything that Karmel andhis family are looking for, according to his lawyer, Thomas Kent.

"I just think that maybe the whole community needs some closure and hopefully if there are some so-called elders in the community perhaps everybody can rally around and make it right." he said.

But the prospect of an appeal looms and in a letter to parents on Monday, the academy said it is in fact looking at its options.

"He was on the right track, and of course his career was suddenly ended given his age and no one is ever going to be able to give him that back," said Kent. "I wouldn't want to wish that on anyone."

The Calgary Jewish Academy was contacted but declined to comment.

On Monday, parents of students from CJA were sent a letter explaining the outcome of the court proceedings.

Read the document here