Alan Mullen received a suspension for intoxication on the job, and was eventually terminated because he “poisoned his relationship” with a previous employer according to court documents.
Mullen is now working for the Office of the Speaker as a special advisor while an investigation into two high ranking legislature officials takes place.
Previously Mullen had worked for Great Canadian Casino Inc. initially as a security officer starting in February 2004 then around February 2005 he was promoted to security shift manager, according to court documents.
Mullen filed a lawsuit in September 2007 against his past employer for wrongful termination which happened around August 2007, for which he claims there was no just reason and not an appropriate amount of notice.
“…the [casino] wrongfully terminated [Mullen] without just cause and without reasonable notice,” court documents state. “The termination…constituted an arbitrary and willful breach of [Mullen]’s contract of employment and a wrongful dismissal of [Mullen].”
Court documents filed by the casino say in September 2006 Mullen had received a four day suspension for being intoxicated at work.
Mullen “received a four day unpaid suspension for intoxication in the workplace, which suspension [Mullen] did not appeal,” court documents say.
The casino also states in the court documents that Mullen was fired because he tried to claim 542 hours of overtime pay, but wouldn’t provide any documents to support that he worked those hours.
“On or about June 19, 2007, [Mullen] initiated an internal claim for the payment of 542 hours of overtime with an overall cost of $11,465.38,” court documents say. “The [casino] attempted to investigate and resolve the matter through dialogue with [Mullen] but [Mullen] steadfastly refused to provide the necessary or any back-up documentation or supporting information.”
The court documents state Mullen was receiving a salary of $45,000 during his employment with the casino.
The casino says they tried to get Mullen to provide proof of working those hours, but instead he pursued legal action.
“Instead, and without providing any documentation or supporting information to the [casino], [Mullen] initiated an action in the Provincial Court of British Columbia to recover the alleged overtime hours claimed,” court documents say. This “action was and is, in all the circumstances, a repudiation of the Contract of Employment.
“By his actions, [Mullen] had poisoned his relationship with the [casino],” the court documents say. “It was no longer feasible for him to remain in the [casino]’s employ and he was dismissed for cause as a result.”
Part of Mullen's claim was he was fired in a "callous, abrupt, and humiliating manner," court documents say.
The casino says they deny act in an inappropriate manner in Mullen's termination.
Mullen was brought in as special advisor as an investigation takes place into Gary Lenz, sergeant-at-arms and Craig James, clerk of the legislature.
The two men were placed on administrative leave following a motion in the B.C. Legislature which received unanimous support from the MLA’s.
“Mr. Craig James, Clerk of the Legislative Assembly, and Mr. Gary Lenz, Sergeant-at-Arms, are placed on administrative leave with pay and benefits, effective immediately,” the legislative assembly votes and proceedings from Nov. 20 states. “During the period of administrative leave, and as a consequence of an outstanding investigation, Mr. James and Mr. Lenz must not access Legislative Assembly network equipment, systems, or services and must not be present within any building that is part of the ‘Legislative Precinct’.”
The RCMP is currently conducting the investigation, and has not commented on the matter at this time.
Lenz and James said in a press conference on Monday they still are not aware of why they are subject of this investigation.