An undated handout photo of the Queen of the North ferry.
The BC Ferries captain who led the evacuation of the sinking Queen of the North four years ago is petitioning the court to get his job back.
Colin Henthorne's petition against BC Ferries and the province's workers compensation board is the latest in a series of legal cases - including criminal charges, financial settlements and an ongoing class-action lawsuit - stemming from the March, 2006, disaster that left two passengers dead.
Mr. Henthorne was fired 10 months after the sinking.
He challenged his dismissal, saying he was being persecuted for questioning BC Ferries' safety record and was reinstated by the province's workers compensation board last year.
But he was fired again this past March when the board's appeal tribunal ruled in favour of BC Ferries.
Mr. Henthorne claims he was fired because during investigations into the sinking, he complained about poor safety conditions on the Queen of the North and other BC Ferries ships, an allegation the company has denied.
In a petition filed with B.C. Supreme Court earlier this month, Mr. Henthorne argues BC Ferries failed to prove that his safety complaints didn't influence the decision to terminate his employment.
"BC Ferries management wrote to Captain Henthorne to advise him that, due to operational and staff requirements, BC Ferries no longer required his services," says the petition.
"This was not the true reason for Captain Henthorne's dismissal."
The workers compensation board agreed Mr. Henthorne's safety concerns influenced the decision to fire him and last year ordered BC Ferries to reinstate him and pay lost wages.
However, two months ago, the board's appeal tribunal upheld BC Ferries' position that Mr. Henthorne's safety complaints had nothing to do with his firing. That prompted BC Ferries to launch a lawsuit earlier this month demanding Mr. Henthorne return the $127,000 payment for lost wages.
"We have found the employer terminated the worker's employment because he was the on-duty master of the ship that sunk," said the appeal tribunal's previously unreleased decision, which was included with Mr. Henthorne's petition.
"The employer lost confidence in the worker's suitability … due to the employer's perception that the worker failed to accept ultimate responsibility and accountability as master for the marine accident."
Mr. Henthorne was captain of the ferry when it struck an island south of Prince Rupert and sank in the early morning darkness of March 22, 2006, with 99 of the 101 passengers making it off the ship.
Mr. Henthorne was sleeping at the time of the sinking. Navigating officer Karl Lilgert, who has been charged with criminal negligence causing death, was in charge of the vessel.
While the three-member appeal tribunal ruled against him, its decision also described Mr. Henthorne's role in the evacuation as "heroic."
"Our ruling in this appeal does not detract from the courage and leadership he displayed in the aftermath of the marine accident," said the tribunal's decision.
Both Mr. Henthorne's petition and BC Ferries' lawsuit over the lost wages contain allegations that haven't been proven in court, and no statements of defence have been filed in either case.
Reached at his home in De Winton, Alta., just south of Calgary, Mr. Henthorne referred questions to his lawyer in Vancouver, Howard Ehrlich.
"BC Ferries witnesses testified he was terminated in part because of their perception that by raising those safety concerns, he was trying to avoid responsibility for the sinking of the ship," Mr. Ehrlich said in an interview.
"If an employee can be fired in circumstances where an employer may be incorrect and unfair in believing that an employee is raising safety concerns to avoid his responsibilities, no employees will report safety concerns."
A spokesperson for BC Ferries declined to comment.
The Transportation Safety Board concluded there were only two crew members on the bridge and they failed to make a crucial course correction, allowing the ship to hit Gil Island.
The report said quartermaster Karen Bricker and Mr. Lilgert, the fourth officer, had recently ended a relationship and were engaged in a personal conversation while the ship was on its collision course.
Passengers Gerald Foisy and Shirley Rosette were never found after the sinking. Their families have settled lawsuits with BC Ferries. BC Ferries agreed to pay Mr. Foisy's two daughters $200,000, but the Rosette family's settlement hasn't been made public.
About 50 passengers are part of a class-action lawsuit against BC Ferries that is making its way through the courts. Three of them have reached settlements ranging between $500 and $14,000, while three have seen their claims rejected.
The Canadian Press