Edmonton councillor Jennifer Rice accused of bullying: Employee rights

In the wake of recent allegations against Edmonton city councillor Jennifer Rice, the importance of understanding employee rights in the face of bullying and hostile work environments has never been more critical. As Alberta’s premier employment law firm, Samfiru Tumarkin LLP is dedicated to guiding employees through these challenging situations.

The Case of Councillor Jennifer Rice

Recent news has brought to light accusations against Jennifer Rice, councillor for Ward Ipiihkoohkanipiaohtsi by former assistants. These allegations include:

• Bullying and Disorganization: Five former assistants have accused Rice of creating a hostile work environment, where she would blame others for her mistakes and micromanage tasks.
• Verbal Abuse: Multiple accounts suggest instances of bullying, yelling (including “screaming sessions”), and inappropriate behaviour towards staff. Postmedia says it has an audio recording of a heated argument between Rice and a member of her office staff.
• Unscheduled Overtime: Employees have been forced to work several hours of overtime before being allowed to leave the office.

Several former assistants claim that the councillor told them to always walk behind and never in front of her, and to always wear a suit.

Councillor’s Reaction

Postmedia reports that many high-ranking city staff and councillors are aware of the allegations of misconduct.

In a statement to the media outlet late last week, Rice said that she’s had “wonderful staff who have made many positive contributions.”

“Some of my staff have received promotions and permanent opportunities, which working in my office has enabled.”

Employers must react to workplace harassment and discrimination

In Alberta, 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 grounds under federal or provincial human rights legislation.

Examples of protected grounds include:

• Age
• Race
• Gender
• Religion
• Family status
• Disability

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

SEE ALSO 
• Disability in the workplace
• Duty to accommodate: Employee rights
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What should I do if I experience harassment or discrimination at work?

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

If you experience harassment or discrimination from a co-worker 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 any and all allegations.

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

What should I do if my boss is harassing or discriminating against me?

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows non-unionized employees to quit their job and pursue full severance, which can be as much as 24 months’ pay.

If you believe that you have been constructively dismissed, don’t resign until you speak with an experienced Alberta 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
• How is severance pay calculated?
• Alberta cardiac surgeon Dr. Teresa Kieser makes human rights complaint

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 Alberta Human Rights Tribunal.

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

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

SEE ALSO
• Recruiter awarded $50K, lost wages after sexual harassment by HR manager
• Alberta admin assistant awarded nearly $40K in discrimination case

Can my boss punish me for reporting harassment or discrimination at work?

Employers in Alberta can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: Your manager constantly insults you because of your religion. You inform your employer that you are being harassed by a member of the management team. The company can’t make major changes to your job as punishment, including cutting your pay or increasing your workload. These types of modifications are illegal in the province.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact Samfiru Tumarkin LLP immediately.

SEE ALSO
• Employment Law Show: How to handle a bad boss
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Can my boss pressure me to quit after reporting harassment or discrimination at work?

No matter how upset your employer is that you reported harassment or discrimination in the workplace, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Unfortunately, pressure from management can be so intense in some cases that non-unionized workers don’t feel they have any other option than to resign.

If you were forced to quit your job for any reason, speak with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

In addition to a severance package, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Can my boss fire me for reporting harassment or discrimination at work?

The short answer is no. If a non-unionized employee in Alberta is fired after reporting harassment or discrimination at work, this would be seen as retaliation.

However, employers can dismiss staff for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

Boss Fired You “For Cause”?

Companies in the province can’t terminate non-unionized employees for cause if they report harassment and discrimination at work.

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

Not only can your employer let you go without a severance package, but you won’t be able to access Employment Insurance (EI) benefits.

In order to justify firing staff for cause, companies have to prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very hard to do.

LEARN MORE
• Wrongful dismissal in Alberta: Your rights
• Severance pay in a recession
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

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

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.