Photo by Whitehorse Star
TELLING HER SIDE – Former daycare owner Christina Hassard presented her defence at a human rights hearing Thursday (top). Willow Lacosse, bottom left Jessica Dyck
Photo by Whitehorse Star
TELLING HER SIDE – Former daycare owner Christina Hassard presented her defence at a human rights hearing Thursday (top). Willow Lacosse, bottom left Jessica Dyck
The owner of a former Riverdale daycare says she would have stepped in if anyone had raised concerns about alleged sexual harassment in her workplace.
The owner of a former Riverdale daycare says she would have stepped in if anyone had raised concerns about alleged sexual harassment in her workplace.
After more than two days of testimony, Christina Hassard took the stand Thursday at a hearing to tell her side of the story.
Two ex-employees of Hassard's Childhood Discoveries daycare filed complaints with the territory's human rights commission, claiming they were sexually harassed by another employee, Mike Gustus, and that Hassard did nothing about it.
The former owner of the now-closed daycare broke down in tears multiple times while giving her testimony.
She said she was "shocked” when she first heard about the complaints.
Former employees Willow Lacosse and Jessica Dyck filled separate complaints in early 2012.
They allege Gustus made sexually inappropriate comments and jokes at work that made them uncomfortable.
Lacosse is claiming she was fired after objecting to Gustus' behaviour.
Dyck is claiming she was dismissed because of her friendship with Lacosse.
Under the Yukon's 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.”
During her testimony, which lasted most of the day, Hassard insisted she'd never witnessed nor heard any of the inappropriate comments or allegations that make up the two complaints.
She pointed out that many of the alleged situations took place between only Dyck, Lacosse and Gustus and were not overheard by others.
Both women insist Hassard was present for at least some of the inappropriate remarks.
Hassard described her long-time friend, Gustus, as someone who took his job at the daycare very seriously.
He was very aware of stigmas that may come with being a man in his 40s working in a childcare centre, and did "everything he could to make parents comfortable,” the panel heard.
When she first hired Gustus in 2011, just as she was opening her expanded business in Riverdale, he made it clear that he was "willing to move on if people were concerned about him being a man in childcare,” she said.
Hassard said her friend does sometimes tell dirty jokes, but would not do it in front of the children nor in public places like the daycare.
As a boss, Hassard admitted that she doesn't like confrontation and has some anxiety.
However, she said she considered herself "a pretty open book” who people could come to with concerns.
Both Lacosse and Dyck have testified that they were uncomfortable speaking up about Gustus' behaviour because of his close relationship with Hassard.
The business had monthly staff meetings, Hassard said, and concerns were dealt with.
In one case, both Dyck and Lacosse came to her with concerns about "staff behaviour” and language, though they made no mention of Gustus specifically, she said.
Hassard testified she believed the two women were referring to the use of inappropriate language like swearing while in front of the kids, and she told staff to improve that conduct.
In another case, both women came to her with concerns about Gustus' workload — he was the co-director, janitor, cook and also worked with two children with disabilities.
Hassard said she agreed with the concerns, and the staff discussed ways to lessen Gustus' workload.
She testified the first time she'd heard Lacosse raise any concerns regarding sexual harassment was the day she left the daycare for good.
The panel has heard that Gustus told Dyck her friend was going to be fired before Lacosse was told herself.
Hassard admitted it was a mistake to have Gustus speak to Dyck first. However, she insists she hadn't made her mind up about firing Lacosse, and just wanted to speak to her.
She testified that the daycare had a few children leave, and the lower enrolment meant she had to let one employee go.
She said Lacosse started out as a good employee. After three months at the daycare, however, Lacosse was often late, used her cellphone too much and developed an attitude, particularly toward Gustus.
She testified she was not certain that Lacosse was the employee who was going to be laid off, and that she just wanted to talk to her about the problems.
What transpired was a heated conversation at the daycare where Lacosse claimed she was being fired over sexual harassment from Gustus.
"That was the first I had heard Willow mention feeling that way about Mike,” Hassard said.
"It shocked me … I didn't get a chance to explain … she left; it all happened really quick.”
Hassard testified that Gustus went to speak to all the other women at the daycare — including Dyck — to see if they felt the same way, but no one raised any concerns.
Dyck has said she felt put on the spot by the question and didn't feel comfortable answering.
Dyck also claims she was alone with Gustus when he asked her, though Hassard testified she stayed in the room.
Later that day, Hassard said, she held an impromptu staff meeting herself to see if anyone else had similar concerns to Lacosse's, and no one said anything.
Lacosse's human rights complaint arrived in the mail a few weeks later.
Hassard insists Dyck quit and was not fired the day her friend's complaint arrived in the mail.
She said she was "quite surprised” by Dyck's own claim of sexual harassment "because I had specifically asked her (about sexual harassment).”
Colleen Harrington, the lawyer representing the commission, confirmed after Thursday's proceeding that complaints were also filed against Gustus, but those were settled.
The hearing was scheduled to wrap up Thursday, but the panel ran out of time to hear all the evidence.
Testimony concluded early this afternoon.
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