Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal

A former member of the Vancouver Canucks’ coaching staff has filed a human rights complaint, claiming that the organization discriminated against her when they fired her in September.

In her complaint to the B.C. Human Rights Tribunal on Nov. 22, Rachel Doerrie, a video analyst and assistant video coach for the team, alleges that Émilie Castonguay, the Canucks’ assistant general manager:

• Questioned her mental ability to do her job
• Treated her differently than the organization’s male employees

Doerrie also claims that her gender, mental illness, and physical disability were factors in her termination on Sept. 27.

“Ms. Doerrie suffered damage to her dignity, self-esteem, and physical and mental health resulting from Ms. Castonguay’s comments, and her subsequent treatment by Ms. Castonguay,” the complaint reads.

“She also suffered financial losses arising from her unexpected loss of employment.”

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The past 2 months has been very hard for me. It has mentally and emotionally destroyed me. I feel broken. I am done hiding.https://t.co/PeqLg6ElMF

— Rachel Doerrie (@racheldoerrie) November 27, 2022

Doerrie is asking the B.C. Human Rights Tribunal to find that the organization’s conduct amounted to discrimination, address the misconduct, and order the Vancouver Canucks to compensate her.

Fired after promotion

Doerrie claims that she “never received any complaints with respect to her job performance” after she was hired in January.

She was promoted in August and Canucks head coach Bruce Boudreau spoke highly of her while talking to reporters at a charity golf tournament in September.

Canucks deny claims

In a statement provided by the team, Castonguay denied the allegations — adding that Doerrie wasn’t treated differently “due to gender, a mental disability, or a physical condition.”

“I take a lot of pride in my work with the Vancouver Canucks, being a good leader, a person of high moral character, and always respecting and putting my coworkers first.”

The organization also stated that it provided Doerrie “with all the necessary resources, support and opportunities to succeed in her role.”

“We acted in good faith and abided by our contractual obligations, both during and after Ms. Doerrie’s employment with the organization.”

SEE ALSO
• Hockey Canada reopening investigation into alleged 2018 sexual assault
• Employment lawyer on Vancouver Park Board’s toxic workplace
• Wrongful dismissal in British Columbia: Your rights

Employers must react to workplace harassment and discrimination

In British Columbia, non-unionized employees have a right to work in an environment free of harassment and discrimination.

It’s illegal for workers to be discriminated against based on protected aspects such as age, race, and gender.

Employers in B.C. must implement a harassment and discrimination policy.

All staff, including management, must be trained on how to respond to instances of workplace harassment, discrimination, or inappropriate conduct.

What should I do if I experience harassment or discrimination at work?

Non-unionized employees in B.C. don’t have to tolerate harassment or discrimination in the workplace.

If you experience harassment or discrimination from a coworker or supervisor, you should report the incident to the appropriate individual at the company, as per the employer’s policy (i.e. human resources).

Your company has a duty to investigate and respond appropriately to allegations of harassment and discrimination.

WATCH: Employment lawyer Lior Samfiru discussed everything you need to know about workplace harassment on an episode of the Employment Law Show.

What if my employer is harassing or discriminating against me?

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.

In this situation, non-unionized workers in B.C. can quit their job and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t resign until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are owed.

LEARN MORE
• Do I get severance if I quit?
• Paid enough? How to calculate severance pay

Filing a human rights complaint

In addition to a constructive dismissal claim, non-unionized employees who experience discrimination in the workplace can file a complaint with the B.C. Human Rights Tribunal.

The tribunal is responsible for dealing with human rights complaints pertaining to the province’s Human Rights Code.

Successful complaints can result in compensation for the individual who experienced discrimination.

Can my employer force me to sign a new employment contract immediately?

The short answer is no. Employers in B.C. can’t legally force non-unionized workers to sign a new employment contract immediately, or by an unreasonable deadline.

Before Doerrie was promoted in August, she said in her human rights complaint that Castonguay gave her the new employment contract in late July “with a 24-hour deadline to accept the promotion.”

“[The deadline] did not give Ms. Doerrie enough time to review the new contract with independent legal counsel.”

Employment contracts often take away key protections that would otherwise be available to you.

Your company might attempt to limit your severance package to a few weeks’ pay, or add a clause that gives them the ability to put you on a layoff without penalty in the future.

Before signing a new employment contract, give yourself time to carefully review it. If you are unsure about what you are accepting, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you better understand the terms of the agreement and make sure that your rights are properly protected.

LEARN MORE
• Employment Law Show: What to know about employment contracts
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?

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 B.C. can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.