Folk festival, ex-director clash over dismissal
Two documents filed to the Regina Court of Queen’s Bench shed some light on the alleged circumstances leading to the split between the Regina Folk Festival and its longtime artistic/executive director Sandra Butel.
In a statement of claim filed April 21, Butel argues wrongful dismissal and that she “faithfully, diligently and consistently performed all of her duties of her employment.”
The statement of defence filed Thursday says otherwise.
It states the Regina Folk Festival terminated Butel due to “significant misconduct, insubordination, and failures in leadership and judgment,” leading to an “irreparably damaged” employment relationship.
Butel allegedly harassed her staff — including through offensive comments and threatening them.
The statements contain allegations not yet proven in court.
The board of directors placed Butel on a paid leave of absence on Dec. 9, 2019, almost 21 full years after she was hired.
She was terminated in a letter from the board on Feb. 21, 2020, after third-party investigator Erin Folk determined — per the statement of defence — that Butel “had engaged in harassing behaviours,” and that she “admitted that some of the allegations had occurred.”
Butel claims her dismissal was “without just cause (and) without reasonable notice,” and is demanding 20 months’ salary, plus damages, costs and interest. Butel’s gross annual salary was about $80,000, plus health and dental benefits and pension.
The RFF’S statement of defence lists allegations, including that Butel:
■ threatened and misled staff;
■ sexualized and made inappropriate sexual comments to staff; made “inappropriate sexual comments referencing sex toys regarding a staff member’s minor daughter …”;
■ said the N-word in the presence of someone of African ancestry, and used the N-word and swear words in the work environment;
■ and, made racist comments from the RFF mainstage.
The board learned of these allegations after, in October 2019, it “established (a) line of communication between itself and the RFF’S employees,” something that had been unprecedented in the organization.
The defence writes that, even if the allegations do not meet the legal definition of harassment per the Saskatchewan Employment Act and Human Rights Code, they were “nonetheless grossly inappropriate.”
Per the statement of claim, “The Plaintiff denies that any of her conduct described in the allegations constitutes harassment under the RFF’S policies or any applicable law.” Butel’s claim stated she learned of the allegations through Folk’s report.
The statement of claim also reads, “The Board had expressed its confidence in (Butel) and her abilities in the month prior to being placed on a leave of absence,” and that “her performance reviews were always overwhelmingly positive, and she had never been subject to any discipline by the Board.”
Both statements also refer to a disagreement between Butel and
RFF staff concerning a song by The Dead South, performed on the mainstage at the 2019 Regina Folk Festival.
Butel’s mentions the related “ongoing conflict,” while the RFF’S states that Butel “handled an organizational situation poorly regarding the band The Dead South, which resulted in disrespectful treatment of the RFF staff, up to and including recalling a staff member that was off work on maternity leave to work.”
According to the RFF’S statement, Butel did not advise the board as to the “level of conflict” in that situation.
The statement of defence suggests an inhospitable working relationship between Butel and the board of directors.
The statement of defence alleges:
■ She was “insubordinate” to the board regarding “budgeting issues” and an order to remove her name from a company credit card;
■ She “engaged in inappropriate behaviour towards an external workplace anti-harassment trainer/facilitator in December 2019, including by attempting to transform an anti-harassment session for RFF staff into a training session about respecting her authority;”
■ And, she “engaged in subterfuge and grievous misconduct” in sending herself and her husband sensitive and financial documents when she was being placed on leave.
Butel’s claim argues the board “acted in bad faith” prior to putting her on leave: It began an informal investigation without giving her a chance to speak to the allegations or concerns; and, it suggested splitting the artistic and executive director roles (which it has now done, in having hired interim ED Josh Haugerud effective May 4).
The RFF denies all of Butel’s claims, including that it had construed efforts to terminate her prior to Dec. 9; no decision was made about her employment status until the third-party investigation had been completed, according to the statement of defence.
Her performance reviews were always overwhelmingly positive, and she had never been subject to any discipline by the Board.