Yukon motel owners deny employee sexually harassed

The owners of the Talbot Arm Motel in Destruction Bay, Yukon deny a former employee was sexually harassed when he worked there in 2014.

Peter Budge complained to the Yukon Human Rights Commission in 2015 that his pants were pulled down by co-owner Charles Eikland Jr. nearly every day over a five-month period.

The Yukon Human Rights Board of Adjudication hearing began Monday in Whitehorse.

Budge testified he was abused as a child and is not comfortable being touched. He said he explained his childhood trauma to Eikland and co-owner Suzanne Tremblay twice, but the behaviour continued.

Three employees back complainant

The lawyers for the Commission called three supporting witnesses. 

Russell Nelson, Tyson Wirth and Karim Keloua had worked at the Talbot Arm Motel and each had had disagreements with Eikland and Tremblay.

All three said they had seen Eikland pull down Budge's pants.

"He was definitely upset, he was really upset," said Nelson. "He's trying to do his work and Charlie is running around like a nine-year-old kid pulling his pants down."

Eikland said none of that happened.

He said he recalled one incident when Budge and another employee were horsing around in the restaurant. Eikland said he reached out from the chair he was sitting in and tugged at Budge's waistband, but didn't expose any skin.

Motel owners question complainant's credibility

Tremblay and Eikand also raised questions about the credibility of Budge and the witnesses.

Tremblay testified Budge's attitude was fine when he started, but then started to change when he fell under the influence of disgruntled employees and started to question her about the way she did her job as the staff's direct supervisor.

"Other people's words were coming out of his mouth," she said.

Tremblay said she was approached by one employee, Dennis Guthrie, who said he was concerned about banter that was taking place at the staff table in the restaurant. It was between a group of male employees including Eikland and Budge.

Tremblay said she talked to Eikland to about it and he stopped.

Concerns about employees' banter

Guthrie testified he believed the banter was inappropriate for a public area of the motel.

He said he passed his concerns on to Budge, and Budge replied that it was in fun and not to worry about it.

Guthrie and six other current and former Talbot Arm employees testified they never saw or heard about Eikland pulling down anyone's pants or harassing Budge during the period it's alleged to have happened.

Jeffery Flumerfelt, who worked there in 2014, said Nelson made a comment of a sexual nature to him that made him uncomfortable. He said Eikland overheard the remark, reported it to Tremblay who then dealt with it.

Shane Ellis, another former employee, said Budge shared a lot of personal information with him, but never told him anything about being harassed by Eikland.

The evidence portion of the hearing finished on Friday.

The parties will make written submissions over the next 10 days with the three-member adjudication panel hoping to make a decision within 30 days of that, or about June 21.