Employee Alleged Harassment Case - Chad Kelly

[ArgoRavi]

Well it's interesting that in the Argo's statement of defence claim they mention that management advised her last Fall that she would have to improve her skills to maintain her position on the team. You have to wonder if she didn't bother to do this and then decided to file suit and claim harassment when her contract wasn't renewed. Also think it's interesting that Argo management told her she shouldn't have met with Kelly if she had an issue and should have advised management if there was a problem. I can understand why the Argos didn't settle with her because it doesn't sound like she has much of a case.

Allegedly, they did so after the big blowup with Kelly during the week of the East Final, which was supposedly witnessed by others. I think that how this all turns out may be dependent on if these witnesses corroborate the coach's version of events.

[bluto]

Well it's interesting that in the Argo's statement of defence claim they mention that management advised her last Fall that she would have to improve her skills to maintain her position on the team. You have to wonder if she didn't bother to do this and then decided to file suit and claim harassment when her contract wasn't renewed. Also think it's interesting that Argo management told her she shouldn't have met with Kelly if she had an issue and should have advised management if there was a problem. I can understand why the Argos didn't settle with her because it doesn't sound like she has much of a case.

Or at least, they haven't yet.

Both sides have now marked out their battle lines, I'd expect this to get mediated out.

[Will]

The question I have after reading Naylor's article is that the plaintiff had been employed by the team on a series of 1-year contracts since prior to the pandemic. Why were here skills, all of a sudden, not good enough? There are plenty of possible answers here, but I don't quite buy that explanation fully given the timing.

[Will]

Or at least, they haven't yet.

Both sides have now marked out their battle lines, I'd expect this to get mediated out.

I envision it going down this route as well.

[AngeloV]

The question I have after reading Naylor's article is that the plaintiff had been employed by the team on a series of 1-year contracts since prior to the pandemic. Why were here skills, all of a sudden, not good enough? There are plenty of possible answers here, but I don't quite buy that explanation fully given the timing.

It is possible that some players didn't believe she was good at her job. With the player turnover year after year, there may be new voices that get heard.

[paulwoods13]

The question I have after reading Naylor's article is that the plaintiff had been employed by the team on a series of 1-year contracts since prior to the pandemic. Why were here skills, all of a sudden, not good enough? There are plenty of possible answers here, but I don't quite buy that explanation fully given the timing.

I have no idea what happened in this particular case. But an employee, either contract or permanent, being deemed inadequate after previously being deemed adequate is not unusual in any workplace IMO. Circumstances change, operational needs change, and individuals change.

[AngeloV]

I have no idea what happened in this particular case. But an employee, either contract or permanent, being deemed inadequate after previously being deemed adequate is not unusual in any workplace IMO. Circumstances change, operational needs change, and individuals change.

Perhaps they decided they wanted to expand the role, and she needed to improve at certain aspects to match the new requirements. Like you, I have no idea but, I can't see the head therapist lying about this. I am just not willing to accept the charges against Kelly and the Argos at this point.

[kellynjk]

I have no idea what happened in this particular case. But an employee, either contract or permanent, being deemed inadequate after previously being deemed adequate is not unusual in any workplace IMO. Circumstances change, operational needs change, and individuals change.

Yeah I totally agree with this, especially as she was a "strength and conditioning coach" and maybe the needs and requirements of some team members was also changing over time. Almost any profession you can think of (doctors, teachers etc) requires that their members do "quality assurance training" every few years to ensure that they are up to date on current practices etc. And one would think that this would be even more important for someone who has a job dealing with athletes who may be coming off of injuries etc. I think AngeloV is right, that alot will depend on if there are witnesses to some of these conversations and/or encounters.

Also if the Argos were going to go the route of mediation, wouldn't they have done it by now? Or could it be that they have suggested this route, but the plaintiff hasn't been open to it?

[Argo57]

Perhaps they decided they wanted to expand the role, and she needed to improve at certain aspects to match the new requirements. Like you, I have no idea but, I can't see the head therapist lying about this. I am just not willing to accept the charges against Kelly and the Argos at this point.

One would also assume her immediate supervisor has documented any performance review and filed it with HR which would validate where and when this particular conversation took place.

["Issues"Mcgee]

I have no idea what happened in this particular case. But an employee, either contract or permanent, being deemed inadequate after previously being deemed adequate is not unusual in any workplace IMO. Circumstances change, operational needs change, and individuals change.

Agreed. That's kind of the whole idea behind one-year contracts.

[jerrym]

I have no idea what happened in this particular case. But an employee, either contract or permanent, being deemed inadequate after previously being deemed adequate is not unusual in any workplace IMO. Circumstances change, operational needs change, and individuals change.

I don't know what happened in this case either. However, statistics show far more people get fired over personality or other personal conflicts than over whether they are competent or not. My wife worked in healthcare for fifteen years in one firm repeatedly winning employee-of-the-week awards, employee-of-the-month, and employee of the year awards. Then she got involved in a conflict with her brand new on the job fifth manager who was influenced by a disgruntled employee and bang she was gone. The good news, although we expected to she would be unemployed for some time, the phone starting ringing off the hook as soon as she put her resume out and she had the choice of many jobs, and ended being able to choose working in the top-rated hospital in BC in the department dealing with patients with brain injuries. It ended up being the best career move of her life. By the way when head office where she had worked investigated her firing, the ended up firing the manager who fired her and the other disgruntled employee.

[Will]

This article HERE addresses some of the questions I had from Naylor's article, specifically that "The Argonauts claim throughout the 2023 season, head strength and conditioning coach Usama Mujtaba advised the plaintiff about the need to improve and develop her skills. Mujtaba allegedly talked to management about the need for a new position with sports science knowledge, injury reduction, fatigue management, and data collection “to create interventions for strength and conditioning.”"

[Shatto]

By filing a statement of defense, it ensures that if a settlement is reached out of court with a NDA, their version is now public. Still a good chance this will be settled out of court.

[gilthethrill]

Has the team hired a new strength and conditioning coach for the 2024 season?

[Will]

Has the team hired a new strength and conditioning coach for the 2024 season?

Usama is still listed as head strength and conditioning coach. I don't see an assistant strength and conditioning coach listed.

[primetime31]

This article HERE addresses some of the questions I had from Naylor's article, specifically that "The Argonauts claim throughout the 2023 season, head strength and conditioning coach Usama Mujtaba advised the plaintiff about the need to improve and develop her skills. Mujtaba allegedly talked to management about the need for a new position with sports science knowledge, injury reduction, fatigue management, and data collection “to create interventions for strength and conditioning.”"

This indicates to me that they were looking to possibly eliminate the plaintiff's position and replace it with a new one with new qualifications. This would explain why the head conditioning coach would advise the plaintiff to upgrade her skills to qualify for the new position. If the plaintiff were a full-time employee and not a contracted one then her dismissal would be likely seen as a constructive dismissal, which means that she would have been entitled to a severance package, However, her severance would likely be less as a contracted employee. Perhaps this could be a reason behind her lawsuit on harassment grounds instead of a purely labour law situation.

As they always say in these cases, let the process play itself out, rather than jumping to conclusions. My curiosity is in what the league's investigation uncovers.

[OV Argo]

This indicates to me that they were looking to possibly eliminate the plaintiff's position and replace it with a new one with new qualifications. This would explain why the head conditioning coach would advise the plaintiff to upgrade her skills to qualify for the new position. If the plaintiff were a full-time employee and not a contracted one then her dismissal would be likely seen as a constructive dismissal, which means that she would have been entitled to a severance package, However, her severance would likely be less as a contracted employee. Perhaps this could be a reason behind her lawsuit on harassment grounds instead of a purely labour law situation.



As they always say in these cases, let the process play itself out, rather than jumping to conclusions. My curiosity is in what the league's investigation uncovers.

My curiosity would be on any corroborating testimony from anyone with the Argos to support the plaintiff's claims and show Kelly and the Argos are lying.

[paulwoods13]

Nine games, minimum.

https://3downnation.com/2024/05/07/c...of-nine-games/

[jerrym]

With Kelly suspended for at least nine games, who will be the first string QB? Will the Argos go with Duke or look or trade for a more experienced QB?

[Skilz]

Only time will tell whether the suspension is a death knell for the rest of Kelly's career.

Time to settle up financially and put this to rest

What better way to find out if Dukes and Scott are potential stars without throwing them to the fire?

Much like Collaros the star was born when Ricky Ray was out with Injury...