Kenney's office denies 'poisoned work environment' in legal dispute with former legislature staffer
The premier's office in Alberta is denying a former employee was subjected to a "poisoned work environment," and is asking for her lawsuit to be dismissed, according to a statement of defence obtained by CTV News.
The document, filed in an Edmonton court on Monday by lawyer Vicki Giles, says plaintiff Ariella Kimmel was fired without cause because the minister she was assigned to no longer wanted to work with her.
It says Doug Schweitzer asked for Kimmel to be replaced as his chief of staff "on several occasions," because he wanted his former chief of staff back.
Schweitzer refused to elaborate on why when asked by CTV News Edmonton on Thursday, saying he couldn't comment because of the court proceedings.
The statement claims there was "no other role was available" for Kimmel, so she was terminated.
Kimmel has claimed she witnessed sexual harrasment, was subject to verbal abuse, and was fired for raising those concerns to officials in Jason Kenney's office.
The statement of defence does not name Kenney at all, and says Kimmel's lawsuit is technically against the Queen, as represented by the premier's chief of staff.
Kimmel said she witnessed excessive drinking in the legislature involving a former minister.
When she confronted Devin Dreeshen about that, she alleges he "angrily confronted" her about the situation and "aggressively yelled at her" until she was in tears.
"The plaintiff felt shaken and scared during this encounter," her lawsuit says.
Dreeshen resigned from cabinet in November, but remained a UCP MLA.
“I accept that my personal conduct with regards to alcohol has become an issue for the government as a whole,” Dreeshen wrote at the time.
In the defence statement, Giles argued that if the incident did happen, it wasn't work related.
"If the Alleged Incident did occur, it was a disagreement between the Plaintiff and Mr. Dreeshen, with whom the Plaintiff was admittedly involved in a personal relationship. Further, the Plaintiff was not acting within the scope of her employment at the time the Alleged Incident occurred," the document said.
In her lawsuit, Kimmel is seeking $199,233 (the balance she claims is owed to her for her term of employment), $100,000 in moral damages and $100,000 in punitive damages.
She is also seeking a declaration that she was wrongfully terminated along with costs of the legal action.
Giles argues Kimmel's employment contract allowed the premier's office to terminate her without cause, and she is only entitled to $29,541 because of that agreement.
The defence said Kimmel found another job and the premier's office did not cause her "mental distress, embarrassment or reputational harm."
Giles said the legislature has policies in place to protect employees, and respect in the workplace training was made mandatory.
"At all material times the Defendant maintained clear workplace policies and procedures regarding harassment and respect in the workplace," the statement said.
Kimmel also alleged that Ivan Bernardo, who was the principal secretary to then-Minister of Health Tyler Shandro, make a sexually inappropriate comment to one of her staff members
"If the Alleged Comment was made, the incident was resolved to the satisfaction of the individual to whom the comment was directed insofar as is known to the Defendant," the statement said.
Giles also alleges that Kimmel "engaged in inappropriate and disrespectful behaviour towards scheduling staff, the Director of Talent, and other members of the Premier's Office Staff and department officials," during her employment.
Kimmel's lawyer, Kathryn Marshall, said the government's response is an example of why some people are scared to make workplace misconduct claims.
"I'm very disappointed that the government has chosen to continue their pattern of retaliatory conduct towards my client by maligning her character," Marshall said.
"The assertions in the statement of defence about my client's character are completely false."
Marshall said the lawsuit will continue and she declined to comment on how her client is feeling about the government's response.
"I do look forward to cross-examining Premier Jason Kenney who is someone who has very key information about the matter in this court proceeding," Marshall said.
None of the allegations in the statement of claim have been tested in court. A court date for the lawsuit has not been set.
With files from CTV News Edmonton's Chelan Skulski
CTVNews.ca Top Stories
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests about relationship with Prince Harry
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.
Boy Scouts of America is rebranding. Here's why they're now named Scouting America
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
Trial begins for Winnipeg serial killer who claims he was mentally ill
The trial of a man who admits he killed four women in Winnipeg is set to begin Wednesday, and a law professor says lawyers for Jeremy Skibicki have multiple hurdles to clear for a defence of mental illness.
New Canadian study could be a lifesaver for thousands suffering from CTE
A first-of-its-kind Canadian research study is working towards a major medical breakthrough for a brain disorder, believed to be caused by repeated head injuries, that can only be detected after death.
Rape, terror and death at sea: How a boat carrying Rohingya children, women and men capsized
In March, Indonesian officials and local fishermen rescued 75 people from the overturned hull of a boat off the coast of Indonesia. Until now, little was known about why the boat capsized.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
These adults born in the '90s partnered with their parents to buy homes in Ontario
An Ontario woman said it would have been impossible to buy a house without her mother – an anecdote that animates the fact that over 17 per cent of Canadian homeowners born in the ‘90s own their property with their parents, according to a new report.