Ariella Kimmel: Wrongful Dismissal Lawsuit Against Alberta Premier’s Office

Former Alberta government staffer Ariella Kimmel is suing the Office of Premier Jason Kenney for wrongful dismissal, claiming she was terminated after raising concerns about misconduct and sexual harassment in the workplace.

The case, which has drawn national attention, highlights important issues surrounding reprisal, toxic workplace culture, and employee rights under Alberta law.

Background on the Lawsuit

Kimmel served as Chief of Staff to Alberta’s Minister of Jobs, Economy and Innovation. In her lawsuit, she claims to have witnessed:

• Excessive drinking in ministerial offices
• Aggressive yelling and inappropriate comments directed at staff
• A lack of proper response when she reported the misconduct

Kimmel alleges she was dismissed on February 5, 2021, in retaliation for speaking up about these concerns

Her legal claim seeks nearly $400,000 in damages for wrongful dismissal in Alberta, moral damages, and bad faith, asserting that her firing was a reprisal for reporting harassment.

Allegations and Response from the Premier’s Office

In response, the Premier’s Office denied that Kimmel faced a toxic work environment or was dismissed for raising concerns. The statement of defence claims she was terminated for unprofessional behaviour, including disrespect toward staff and colleagues (CBC News).

Kimmel’s lawyer described those allegations as “character assassination”, and her reply to the defence reiterated that the government failed to establish proper harassment policies and procedures compliant with Alberta’s workplace safety laws.

The case has now moved into the discovery phase, where both sides will exchange evidence and testimony.

Reprisal and Employee Protections in Alberta

Under Alberta’s Occupational Health and Safety Act (OHS Act) and the Alberta Human Rights Act, employees are legally protected from retaliation when they report harassment, violence, or discrimination at work.

Employers must:

• Investigate all complaints of harassment
• Maintain a safe and respectful workplace
• Avoid reprisal or termination against employees who report misconduct

Even if a complaint turns out to be unfounded, terminating an employee for reporting harassment is illegal. Such action can entitle the employee to severance pay in Alberta, back pay, moral and punitive damages, or even reinstatement.

Takeaways for Employees

If you experience or witness harassment in your workplace:

• Document what you saw or experienced
• Report the incident to HR or a supervisor (or externally if internal channels are unsafe)
• Seek legal advice before resigning or signing any documents

Both victims and witnesses are protected from retaliation under Alberta’s laws. If you are terminated for speaking out, you may have grounds for a wrongful dismissal claim and significant compensation – up to 24 months’ pay.

Takeaways for Employers

Employers must act promptly and fairly when workplace harassment complaints arise. Failing to investigate or retaliating against an employee can lead to legal, reputational, and financial consequences.

Before taking disciplinary action in response to a complaint, consult with an employment lawyer to ensure compliance with Alberta’s workplace safety and human rights legislation.

Speak to an Employment Lawyer

If you have been terminated after reporting workplace harassment in Alberta, or believe you’ve been a victim of reprisal, contact the team at Samfiru Tumarkin LLP.

Our employment lawyers in Calgary, serving all of Alberta, can explain your legal rights and help you secure the compensation you are owed.

📞 Contact us today or use our free Pocket Employment Lawyer tool to understand your legal options.