Alberta admin assistant awarded nearly $40K in discrimination case

Fisher (Marshall) v. Devolbren Property Services Inc.

In this case, the Alberta Human Rights Tribunal awarded Nevada Fisher (Marshall) nearly $40,000 in damages and legal costs after finding that her employer discriminated against her based on who she was married to.

The Tribunal determined that Fisher’s marital status was a factor when she was terminated for just cause.

Facts of the case

• Nevada Fisher worked for Devolbren Property Services Inc. from 2014 until 2017.
• While Fisher worked primarily as an administrative assistant, she also mowed lawns and did other physical jobs to support her employer when necessary.
• Fisher’s husband Kyle also worked at Devolbren Property Services Inc. and was one of the company’s three owners. The other two owners were Holly Pell (Kyle’s cousin) and Devell Pell (Holly’s husband).
• On April 7, 2017, Kyle had a falling out with Holly and Devell. He decided to resign from the company.
• On April 9, 2017, Fisher received an email from Devolbren Property Services Inc., informing her that she had been terminated from her position as an administrative assistant. However, the company offered her full-time work as an “in-field employee.”
• Fisher provided her employer with a medical note on April 10, 2017, requiring stress leave due to the events that had transpired.
• While on stress leave from Devolbren Property Services Inc., Fisher worked part-time at her second job as a waitress.
• On April 18, 2017, Fisher was informed by Devolbren Property Services Inc. that she had been fired for just cause.
• Fisher filed an application to the Alberta Human Rights Tribunal, alleging discrimination on the grounds of family status, marital status, and mental disability.

The Tribunal’s decision

The Alberta Human Rights Tribunal ruled that Fisher’s marital status and mental disability were factors when she was terminated for just cause.

As a result, she was awarded $30,000 in general damages, plus two weeks in lost wages.

Potential conflict of interest

Devolbren Property Services Inc. claimed that Fisher had to be dismissed due to a potential conflict of interest.

Since her husband Kyle was one of the three original owners before resigning, the company argued that he could have accessed Fisher’s work computer.

However, the Tribunal determined that Devolbren Property Services Inc. didn’t take any steps to address the issues surrounding confidentiality in the workplace.

LEARN MORE
• Workplace conflict: What employees need to know

Dishonest about medical leave

The Tribunal also found that Fisher’s mental disability was a factor when she was terminated for just cause. Her employer stated that she “seemed fine” and was dishonest when she requested stress leave.

However, anxiety disorders are recognized as mental disability under the Alberta Human Rights Act.

The Tribunal added that Devolbren Property Services Inc. didn’t ask Fisher to clarify her restrictions or request additional medical information before dismissing her.

LEARN MORE
• Duty to Accommodate: Rights for employees
• What employees need to know about sick notes in Alberta
• Employment Law Show: What to know about taking medical leave

Fair compensation

Although Devolbren Property Services Inc. argued that Fisher was offered a full-time job as an “in-field worker”, she was able to show that her new role made approximately $18 an hour, which was less than she made as an administrative assistant.

Fisher added that she had certain family obligations that couldn’t be done as an in-field employee. She was able to do them remotely when she was an administrative assistant.

As a result, the Tribunal awarded Fisher $30,000 in general damages, plus two weeks in lost wages.

SEE ALSO
• Changes to your employment in Alberta: What you should know
• Employment Law Show: Key things to know about changes to your job

Key takeaway for employees

• The reason for your termination can’t be discriminatory: In Canada, non-unionized employees have rights that protect them from being discriminated against based on their age, race, gender, or religion. Fisher’s case is rare because we don’t often see a human rights complaint based on family status. If you believe that your human rights have been violated, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

Key takeaways for employers

• Companies have a duty to accommodate: Employers in Canada are legally obligated to provide a workplace that can meet the needs of an employee’s disability. They might have to change a worker’s job requirements, provide someone to help the individual perform their duties, or make changes to shifts.
• Double-check if you can fire a worker for just cause: Termination for cause is reserved for the worst kinds of workplace offences, such as theft or insubordination. The Tribunal ruled that the reasons Devolbren Property Services Inc. gave to fire Fisher for just cause were insufficient awarded her nearly $40,000 in damages in legal costs. If you are unsure if you can dismiss an employee for cause, speak with an experienced employment lawyer at Samfiru Tumarkin LLP. We can review the reasons for the dismissal and determine if it would justify denying the worker access to a severance package and Employment Insurance (EI) benefits.

Lost your job? Speak to an employment lawyer

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

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