Photo by Whitehorse Star
Christina Hassar, Jessica Dyck and Willow Lacosse
Photo by Whitehorse Star
Christina Hassar, Jessica Dyck and Willow Lacosse
A former Whitehorse daycare owner did discriminate against two employees and failed to prevent sexual harassment at her workplace, Yukon Human Rights Board of Adjudication has found.
A former Whitehorse daycare owner did discriminate against two employees and failed to prevent sexual harassment at her workplace, Yukon Human Rights Board of Adjudication has found.
Its decision was released Tuesday afternoon.
Christina Hassard was doing business as the now-closed Childhood Discoveries Preschool in Riverdale. She employed a group of people, including Willow Lacosse and Jessica Dyck.
In early 2012, Lacosse and Dyck filed complaints with the territory's human rights commission.
They claimed another employee, Mike Gustus, was making sexually inappropriate comments and jokes at work, which made them uncomfortable. They said Hassard did nothing to stop it.
Under Section 35 of the territorial Human Rights Act, "Employers are responsible for the discriminatory conduct of their employees unless it is established they did not consent to the conduct and took care to prevent the conduct or, after learning of the conduct, tried to rectify the situation.”
In a statement, the commission says the board of adjudication will issue detailed written reasons behind its decision next month.
During the hearing in the March, both women described a work environment where she said Gustus would make sexually suggestive comments while Hassard and other employees were present.
Hassard said she was shocked by the allegations. She told the board she'd never witnessed nor heard anything inappropriate in the workplace.
Hassard told the board she would have stepped in if anyone had raised concerns about alleged sexual harassment in her workplace.
Lacosse, 24, and Dyck, 23 testified to being uncomfortable coming to Hassard with their concerns because of her close relationship with Gustus, who was also the daycare's co-director.
Lacosse claimed she was fired after objecting to Gustus' behaviour.
Dyck alleged she was dismissed because of her friendship with Lacosse.
Complaints were also filed against Gustus, but those were settled, the commission's lawyer said at the time of the hearing.
In her written closing statement, Hassard called the young women's claims "fictitious and vexatious.”
Lacosse and Dyck denied it was their intention to have the daycare shut down.
In the commission's statement, director Heather MacFadgen says, "Our staff are willing to help both employers and employees understand their rights and responsibilities under the Yukon Human Rights Act.”
The commission provides sample harassment policies that can be used as guidelines for businesses looking to create their own versions.
The documents are available on the commission's website at www.yhrc.yk.ca or at its offices, 101-9010 Quartz Rd. in Whitehorse.
The commission also runs a confidential help line at 667-6226 or 1-800-661-0535.
See coverage of another commission case.
In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.
Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.
Comments (7)
Up 0 Down 0
Asif on May 24, 2013 at 11:57 am
An employer has to protect all employees from abuse, she hired her friend and turned a blind eye to his lack of professionalism, especially in a child environment - time to pay
Up 1 Down 0
Sam Smithers on May 24, 2013 at 8:55 am
The YHRC is over-stepping its authority and lowering the bar on these "sexual harassment” cases.
My opinion is that rather than formal hearings there could be preliminary hearings and a less formal approach to working through cases.
In this case there could have been harassment workshops for the business owner and the person who caused this mess. A separate hearing could have involved the complaints and possible settlement for the two women who brought their concerns forward. This approach may have saved the business owner thousands in legal fees and it may have ensured that the owner and worker who was inappropriate would not let this take place again.
Another recent case which was assessed as mild form of harassment cost the firm 10's of thousands of dollars.
Fighting harassment and inappropriate behaviour is important but the process has to be balanced.
Up 0 Down 0
Max Mack on May 23, 2013 at 5:40 am
The YHRC is over-stepping its authority and trying to lower the bar on these "sexual abuse" cases.
According to the YHRC, it is now an offense that employers are not able to mind-read. Worse, plaintiffs can retrospectively change their perceptions - which means that employers must also mind-read into the future until they die.
The YHRC is setting some very dangerous precedents.
Up 0 Down 0
Moose hide on May 23, 2013 at 12:01 am
Where is society going. Why isn't the real problem being addressed here. What about the guy that actually caused the problem. Who do they put on these tribunals. DON'T GO INTO BUSINESS IN THE YUKON.
Up 0 Down 0
bill panting on May 22, 2013 at 3:08 pm
so is there a fine involved ?? seems like something is missing??
Up 0 Down 0
CabComms on May 22, 2013 at 10:51 am
Being an impolite person isn't illegal. Failing to prevent impolite people from infringing on another's right to a fair and safe workplace is. Gustus is responsible for being who he is, and Hassard is responsible for making sure that he can conform to different standards in the workplace. Mazel tov...
Up 0 Down 0
flyingfur on May 22, 2013 at 8:23 am
So where in all of this is Gustus in terms of blame and participation in this hearing? I think he deserves at least half the blame and it should not be all on the owner - ridiculous.