A recent Alberta Human Rights Commission decision provides important takeaways for employers seeking to prevent harassment claims in physically confined work environments.
In Saforo v Subway (Fort McMurray), 2025 AHRC 55, the Commission dismissed an employee’s complaint that she had been sexually harassed on the job. The complainant alleged that she was groped, bumped and touched by co-workers on a daily basis, and that her complaints ultimately led to her termination. She also raised issues related to a training video and alleged improper payroll practices.
For employers, the decision underscores the importance of context—specifically, the physical workspace—and highlights steps that can help mitigate legal risk when employees work in tight quarters.
“One of the most effective ways to reduce the likelihood of claims is to train employees on what is and isn’t appropriate workplace conduct,” says Zack Lebane, employment lawyer at Sherrard Kuzz LLP in Toronto.
“That includes examples of how to navigate a tight or fast-paced environment, such as using clear verbal cues or keeping respectful physical boundaries.”
The employee worked at a Subway location in northern Alberta from September 2021, to March 2022. She alleged that her co-workers “touched her body and skin,” “intentionally got in her way,” and “groped” her in front of customers. She further alleged that her area manager “bumped into her with significant force.”
The employer...
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