| Tribunal Awards – Alberta | AHRC | ||
| Oliva, Pascoe, and Strong v Gursoy | Alb HR Tribunal
March 2024 |
Olivia suffered from adverse treatment due to sexual harassment and physical disability. The offensive conduct was verbal abuse and inappropriate touching.
Pascoe was subjected to sexual harassing conduct, and reprisal. Strong was sexual harassed. As a note, the respondent was the former principal of the employer which had become insolvent. He represented himself at the hearing.
|
Olivia - $75,000 and $50,000 for reprisal;
Pascoe - $30,000 and $25,000 for reprisal; Strong - $50,000 |
| Smith v Popowich
|
Nov 2022 | the individual respondent harassed her “on an almost daily basis” during the period. The individual respondent did this by making repeated sexual and romantic advances towards the complainant at work, which advances were refused by the complainant. The complainant also alleged that the individual respondent engaged in physical contact with her that was inappropriate and uncomfortable. The individual respondent would touch the complainant, stroke or pat her shoulder and would also place his had on the small of the complainant’s back. The individual respondent would make inappropriate and explicitly sexual comments about the complainant’s physical appearance on an almost daily basis. When the respondent’s advances were refused, the individual respondent would become angry with the complainant for refusing his advances. The individual respondent would also say things to the complainant’s co-workers, customers of the pub and other third parties that would suggest that he was in a relationship with the complainant, when that was not the case.
The Director requested $25,000 which was increased by the adjudicator |
$35,000 |
| McCharles v Jaco Line Contractors
Reconsideration application dismissed
|
Oct 2022 | unwanted touching of complainant’s breasts by her boss; failure to investigate; serious mental condition caused in part by this conduct; | $50,000 |
| Yaschuk v Emerson Electric Canada
|
May 2022 | Sexually harassed by Director of Human Resources;
Terminated when complained; Mental health condition which prevents complainant from working caused in part by these actions |
$50,000 plus income loss of $42,500 |
| Mandziak v Taste of Tuscany Ltd
|
May 2017 | Three instances of sexual harassment included touching of the buttocks;
(2) an attempted kiss; and (3) a prolonged hug, that pinned Ms. Mandziak’s arms to her against Mr. Salem’s body, and touching of the upper buttocks and lower back.
|
$15,000 |
| Noel v 375850 Alberta Ltd. | 2010 | The complainant, living at a job site in northwestern Alberta, exited the shower and noticed a male camp maintenance worker watching her. A few days later, the same man was standing beside her bed when she awoke.
Offender was found guilty of criminal offence in entering applicant’s residence;
|
($5,000; also awarded 12 months income loss) |
| 375850 Alberta Ltd. v. Noel
|
An issue arose as to applicant’s status as employee;
No claim made re housing accommodation; |
Complaint dismissed due to lack of employment status | |
| Alberta Court of Appeal | Complaint dismissed | ||
| Hamm v WWDI Wireless | 2009 | The applicant was subjected to abusive behaviour of shoulder rubbing, being blown a kiss and retaliatory conduct of a dismissal letter and false accusations contained within it | $4,500 |
| General Considerations | The rough maximum of Alberta awards was considered $10,000 until the award of $25,000 upheld by the Alberta Court of Appeal Walsh v Mobil Oil. There was also a reprisal sum awarded in this case of $10,000. |