Criticized for appearance, rumours of coworker affair
Despite achieving her “dream job” of becoming the City of Calgary’s first female employee with a class 1 licence, a truck driver suffered from extreme anxiety and depression due to her treatment on the job.
The woman, who wasn’t identified, was hired by the city in April 2013. She joined an all-male crew and her daily duties included driving a tractor-trailer with loads of gravel.
For the first six months of her tenure, the driver got along well with her foreman. But after he retired, Frank Wright became her new boss. Wright’s direct superior was Dan Schinnour, senior leader plants, construction services.
Early in his tenure as foreman, Wright met with the driver about her appearance during a Calgary Stampede breakfast at work and said, “You think the rules don’t apply to you. You are going to get what you ask for given how you dress and appear.”
She left the meeting in tears, but then reported the incident to Schinnour. After Wright denied the comments, the driver made secret recordings of her future interactions with her cellphone.
The woman also befriended one of her male coworkers which led to rumours that the pair (who were both married at the time) were having an affair.
One time when she drove into the yard, another coworker broadcast a message over the radio: “That’s our driver… She is having an affair with (name of co-worker she was friends with).”
After she complained to Wright, he claimed he issued a verbal warning to the offending coworker. Later, the driver heard Wright say he believed the rumours were true. Also, Schinnour berated the pair during a break together and accused them of having “date time” together.
On another occasion, the driver told Wright and Schinnour that she felt undue pressure (that wasn’t placed on any of the other drivers) to maintain a seven-load-per-day goal. She said that due to traffic, weather and other factors, sometimes drivers could only make five or six loads per day.
If other drivers consistently made the goal, it might suggest they were driving unsafely, she suggested to her supervisors.
On June 4, 2015, the union, Canadian Union of Public Employees (CUPE), Local 37 filed a grievance alleging ongoing harassment. The driver took some time off due to stress and anxiety and on June 9, she left again and has since not returned to work.
The union asked for $375,000 in damages for three separate violations of discrimination, harassment and marginalization.
Desmond Kary, HR employee, carried out the first investigation. On July 27, he interviewed her and she said she had some recordings to back up her side of the case. But Kary never followed up and she never sent him the recordings.
On Aug. 13, he submitted his report and concluded that Schinnour swore on occasion at the woman, but that all the other allegations were unfounded.
Another grievance was filed, but it was handled by CUPE, Local 38 due to the driver’s distrust of Local 37.
In January 2017, all allegations were found to be true and Wright was given a letter of expectation. It was recommended Schinnour be terminated and he was no longer with the city, as of the hearing.
“We acknowledge that there were violations and apologize to (the grievor),” wrote Troy McLeod, director roads, in the letter announcing the results of the investigation.
Arbitrator James Casey (and board members William Armstrong and Aneen Albus) awarded the driver $75,000 in general damages and lost wages from the time she first took medical leave in 2015 until April 18, 2018 (the date of the hearing).
“We find that the conduct by certain of the city’s employees constituted discrimination and harassment against the grievor. The city is legally responsible for this conduct. As a result, we declare that the city has violated paragraphs 2.10 (Discrimination) and 2.11 (Harassment) of the collective agreement,” said Casey.
Even though she is still unable to return to work, the arbitrator wished her well and thanked her for pursuing the case.
“At its heart, it is also the story of the grievor’s resilience, courage and indomitable spirit that sustained her during the long three-year battle to have her claim heard. While the grievor was essentially abandoned by both the city and Local 37, this is also the story about how the city and Local 37 ultimately did the right thing and supported the grievor.”
Reference: Calgary and Canadian Union of Public Employees, Local 37. James Casey — arbitrator. Rebecca Andersen, Avril Fisher for the employer. J. Robert W. Blair for the employee. April 18, 2018. 2018 CarswellAlta 793
