A dismissed employee of a northern Alberta county who could not safely wear an N-95 mask is suing his former employer for lost wages, damages, and an admission he was fired on the basis of having a disability.
Matthew Tartal, former employee of Woodlands County, filed a Statement of Claim against the County following a series of actions that led to his wrongful termination.
Tartal, an aviation professional with nearly 20 years of experience, alleged sustained harassment, discrimination, retaliation, and wrongful dismissal after raising health and safety concerns related to the County's failure to implement legislated safety protocols and its insistence that he wear a mask.
Tartal has a disability which precludes him from safely wearing a mask and in early 2021 received formal accommodation from the County to work without it.
However, around this time, Tartal suddenly became the target of what his lawyer James Kitchen calls "an increasingly malicious harassment campaign" by executive team members Gordon Frank, former Chief Administrative Officer; Andre Bachand, former Director of Infrastructure; Alicia Borbeau, former Director of Corporate Services; and Steve Hollett, Interim Airport Manager.
It is alleged this harassment escalated to a level that Tartal describes as retaliatory in nature, especially after he continued to perform his legal duties as an appointed member of the County’s Health and Safety Committee.
The Statement of Claim outlines that, due to his disability and related health and safety concerns, Tartal:
● Endured a toxic and hostile work environment for almost a year.
● Had earnings and equipment critical to his role withheld for months.
● Was demoted from his manager position and forced to train Hollett — his
unqualified replacement.
● Was interrogated repeatedly about private medical information.
● Endured humiliating, intimidating and targeted harassment by both Frank and Bachand, including being invited to a large staff meeting, then escorted into the meeting by the arm in front of his peers, chastised, and then ordered to leave the building — all prior to the meeting even starting.
● Submitted four written harassment complaints which were ignored by the County’s executive team.
● Had retaliatory measures, false allegations and disciplinary actions taken against him by Hollett (which took months for the County to finally remove from Tartal’s personnel file).
● Was forced to use all of his vacation and sick days when the County refused his access to the worksite for weeks.
● Was terminated without cause because he was “not a good fit”, then further humiliated by an unnecessary, County-wide email minutes later announcing his termination.
● Was refused his outstanding wages owed and correction of his Record of Employment by Borbeau.
● Was told by the County that he’d need to pay almost $6,300 in order to receive his personal files, which should be free under the Freedom of Information and Privacy Act.
Tartal’s legal team is seeking justice for the actions, filing the Statement of Claim in December 2021, and more recently, filing an application in March of 2025 for a trial date.
Almost four years after Tartal was wrongfully dismissed, and after more than three years of costly legal discussions and negotiations, the case is finally moving forward to trial.
Tartal’s counsel say they are determined to hold the County accountable for what they believe is a shocking pattern of misconduct, harassment, discrimination and retaliation.
Kitchen, stated, “Woodlands County acted in a petty and abusive manner toward Mr. Tartal, which resulted in discrimination on the basis of disability and led to an unjust termination. Mr. Tartal should have been accommodated and treated with respect by his employer in accordance with the law. I look forward to holding Woodlands County accountable before the Court for its disregard of Mr. Tartal’s rights.”
Tartal is seeking a declaration that he was wrongfully dismissed and that the defendant unlawfully discriminated against him on the basis of a physical disability, plus $135,000 (which is 18 months lost pay), punitive damages of $75,000, court costs, and some incidental costs.