Former Alberta human rights chief files $2.1M wrongful dismissal lawsuit

The former chief of the Alberta Human Rights Commission and Tribunals (AHRC) has filed a multimillion-dollar wrongful dismissal lawsuit against the province’s justice minister.

After joining the AHRC as a commissioner in 2019, Collin May became the head of the provincial human rights body by a cabinet order in May 2022.

However, he was removed from the position a few months later following allegations that a book review he published was Islamophobic.

Collin May alleges breach of contract

In the statement of claim, May was informed of his dismissal by letter on September 15, 2022, under a clause addressing resignations.

He alleges that the province breached its contractual obligations and engaged in a “bad faith” dismissal.

“Minister [Tyler] Shandro’s office wrongfully terminated the plaintiff [May] without notice,” the statement of claim reads. “The minister’s office did not explain to the plaintiff the reason, and to-date, no reason has been given to him.”

May also claims in the suit that the AHRC was a “poisoned work environment” and he was subject to interference from Shandro’s office.

What May is seeking

Alberta’s former human rights commission chief is seeking:

• $1.12 million in damages for breaching his five-year fixed-term contract early
• A public declaration recognizing that he was wrongfully dismissed
• The costs of the lawsuit

May also believes he’s entitled to another $1 million for moral and punitive damages.

According to the claim, he suffered “significant mental and physical distress due to the unconscionable, malicious, and vicious actions and inactions taken by the defendant.”

The province has 20 days to respond to the suit. The claims haven’t been tested or proven in court.

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What is a wrongful dismissal?

In Canada, a wrongful dismissal occurs when a non-unionized worker is fired or permanently laid off by their employer and doesn’t receive a proper severance package.

WATCH: Employment lawyer Lior Samfiru explains everything employees need to know about wrongful dismissal on an episode of the Employment Law Show.

Severance in Alberta can be as much as 24 months’ pay. It’s calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our Severance Pay Calculator can help you figure out how much compensation you are owed.

An employment lawyer at Samfiru Tumarkin LLP can also review your situation to ensure you are receiving proper severance.

READ MORE:
• Severance Pay in a Recession
• Severance for provincially regulated employees
• Employment Insurance and Severance in Alberta

Rights in a “toxic” or “poisoned” work environment

In Canada, non-unionized employees don’t have to tolerate harassment or discrimination in the workplace, either from coworkers or managers.

Every employer has a duty to investigate and respond appropriately to allegations of harassment and abuse.

If your company is creating, or allows for the creation of, a hostile or toxic work environment, this can be grounds for a constructive dismissal.

A constructive dismissal claim allows you to quit your job and still receive full severance pay.

READ MORE
• Do I get severance if I quit?

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or you believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Calgary and Edmonton can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are owed.