The Talbot Arm Motel restaurant in Destruction Bay. (James Badger/Flickr) https://www.flickr.com/photos/jpbadger/22339327538

Destruction Bay motel owners abandon plans for an appeal in pantsing case

The motel co-owners filed notices of abandonment of appeal April 12

The co-owners of a Destruction Bay motel have abandoned their appeal of a decision by the Yukon Human Rights Board of Adjudication that found they had sexually harassed a former employee.

Suzanne Tremblay, on behalf of Talbot Arm Motel Ltd., and motel co-owner Charles Eikland filed their notices of abandonment of appeal to the Yukon Supreme Court April 12.

The appeal had been scheduled to be heard on April 15.

The Yukon Human Rights Board of Adjudication found in 2018 that former Talbot Arm employee Peter Budge had his rights violated when he worked at the motel in 2014. Specifically, the board found that Eikland had pulled down Budge’s pants on several occasions without his consent. As well, it found that Eikland, as co-owner and manager of the Talbot Arm, was also serving in the role of Budge’s employer.

Under the Human Rights Act, the board’s decision says, “employers are held responsible for the discriminatory conduct of their employees unless they did not consent to the conduct, took care to prevent the conduct, or tried to rectify the situation after learning of the conduct.”

The board noted that even though Talbot co-owner Tremblay was not aware of the harassment, “it is not necessary for her to have been proven to be aware of the conduct and to have condoned it in order for the employer Talbot Arm Motel Ltd to be liable.”

The board found both the Talbot Arm and Eikland were liable for the harassment and ordered them to jointly pay Budge $5,000 in damages.

Tremblay and Eikland had filed an appeal to the Yukon Supreme Court a few weeks after the decision, alleging that “the non-partiality of the process and commission has been compromised” and that there had been a “failure of due process” throughout the hearing.

Contact Jackie Hong at jackie.hong@yukon-news.com

This story has been edited to clarify the nature of the Talbot Arm’s liability.

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