An Alberta woman has been awarded more than $50,000 in damages after a human rights tribunal found she was sexually harassed and discriminated against by the owner of a moving company where she worked part-time.
The Alberta Human Rights Tribunal ruled that H.E., the sole director and owner of 1957753 Alberta Ltd. operating as 4 Seasons Transport, subjected the complainant to repeated sexual harassment over nine months, including coercing her and a coworker to perform oral sex.
The complainant, a separated mother whose identity was protected by tribunal order, worked casual administrative duties for the company from October 2020 to July 2021. She met H.E. through Facebook during a COVID-19 supply run and was offered flexible office work due to income disruption from school closures.
Pattern of harassment detailed
According to the tribunal decision, the complainant endured 10 to 20 incidents of inappropriate sexual conduct by H.E. The harassment culminated on June 28, 2021, when H.E. coerced both the complainant and a coworker to perform oral sex after they drove him home from the airport. The tribunal noted that H.E. told the women “if they did not oblige, they would get no more work from him.”
The complainant’s evidence included Facebook messages showing approximately 50 sexual comments within a five-week period, including “references to sex toys, the complainant’s body, and sexually charged innuendos.” The tribunal found this behaviour created a “toxic and hostile work environment.”
Other incidents included H.E. “pushing the complainant to her knees and holding her head in place to force intercourse” and grabbing “me by my breast and buttocks” during the June 28 incident.
The complainant resigned via Facebook message on July 3, 2021, citing H.E.’s inappropriate sexual conduct as the reason for leaving.
Disability factor considered
The tribunal also found the complainant’s physical disability was a factor in the discrimination. She suffered from a right labral tear to her hip that required surgery in 2016, leaving her with chronic pain. The tribunal determined her disability “imposed limitations on her ability to find alternative employment” and made her “particularly vulnerable.”
The decision noted the complainant’s precarious financial situation combined with her disability “reduced her capacity to resist the harassment and its consequences, demonstrating an intersectional form of discrimination based on both gender and physical disability.”
Company fails to respond
4 Seasons Transport filed an initial response in September 2022 denying the allegations and claiming H.E.’s conduct was personal rather than work-related. However, the company failed to respond to any subsequent tribunal communications or participate in the hearing process.
The tribunal proceeded with written submissions and found the company liable for H.E.’s actions as owner and supervisor. The decision cited Supreme Court of Canada precedent that corporations are responsible when “owners or supervisors commit sexual harassment while acting in their supervisory roles.”
Significant health impacts
The complainant’s affidavit detailed severe mental health consequences following the harassment. She experienced “frequent panic attacks, fear of leaving her home, and episodes triggered by seeing or anticipating seeing H.E. in public.” The attacks were so intense she required assistance for basic outings.
Her mental health deteriorated to include “increased depression, intensified ADHD symptoms, and suicidal thoughts.” She required antidepressants, anti-anxiety medication and ongoing therapy starting in March 2022, attending approximately 38 sessions with a registered social worker and 42 sessions with Sexual Trauma Support Services.
Physical symptoms included stomach ulcers, chronic nausea, muscle tension and more frequent migraines. She underwent six weeks of physiotherapy and required medication for pain management.
Employment and financial consequences
The harassment severely impacted the complainant’s ability to work. She didn’t work again until September 2021 and eventually left her position at the Multicultural Association in December 2022 due to worsening mental health.
Her declining work performance led to significant financial strain. She fell behind on mortgage payments, had her vehicle repossessed and was at risk of losing her home. The tribunal noted her ex-husband became the sole financial provider and household dynamics were “heavily strained.”
Damage award breakdown
The tribunal awarded the complainant a total of $54,583 plus interest, consisting of:
- $50,000 in general damages for pain, suffering and injury to dignity
- $1,600 for two months of lost income
- $2,983 for therapy session costs
The tribunal found the facts supported the damage award, noting the complainant “suffered significantly because of the respondent’s conduct.” The decision emphasized the “objective seriousness of the discrimination and the subjective impact” on the complainant.
Legal framework applied
The tribunal applied the Supreme Court of Canada’s Moore test for prima facie discrimination, requiring proof that the complainant had protected characteristics, experienced adverse impact, and that the protected characteristics were factors in that impact.
The decision found sexual harassment can occur outside regular workplace hours and locations when connected to employment relationships. The tribunal noted that work-related harassment through personal platforms like Facebook still constitutes workplace harassment when work matters are discussed on those platforms.
For more information, see Complainant v 1957753 Alberta Ltd. o/a 4 Seasons Transport, 2025 AHRC 63 (CanLII).
