Summerland Seniors' Village.

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The 61-year-old cook at a Summerland seniors' centre has failed to get his job back after he was fired for sexually harassing several staff members 40 years his junior.

The Hospital Employees’ Union had gone to bat for the cook, acknowledging his behaviour but arguing that management at the Summerland Seniors' Village knew about his behaviour for years but ignored it.

According to an Aug. 7 Labour Arbitration Awards decision, the cook, Mr. Sundberg, whose first name isn't given, began working at the Summerland Seniors Village in 2022.

Over the years, Sundberg made inappropriate comments to three dietary aides and servers who he worked with.

One testified that he commented about her body and the way she looked, and the comments escalated as Sundberg got more comfortable.

Sundberg told the 24-year-old she had a "tight ass" and if she needed "sexual therapy" she knew where to find him.

"She would become anxious at the thought of having to go downstairs to work near him, so she would try to stay upstairs as long as possible with the servers, but eventually had to go downstairs. She said (Sundberg) made her feel 'very gross' when around him, making her not want to go to work. She mentioned that on a couple of days, she did not go to work, despite not being sick, but could not bring herself to do so," the decision read.

She said she hadn't reported it because the manager at the time joked with him about prostitutes, and she felt that if she said anything, it wouldn't be taken seriously.

Another 23-year-old dietary aide testified that Sundberg constantly asked her to go on dates with him and told her he was good in bed.

She told him to stop saying such things, and Sundberg always replied he was joking. He also told her not to tell anyone he said such things.

"She also testified that she had informed her previous manager, making him aware of what was happening, however, he dismissed her concerns," the decision read.

The decision said most of the kitchen staff, and some management, were aware of the situation.

Another 24-year-old kitchen dietary aide testified there had been "many" incidents involving "sexualized comments, leering, and unwelcome touching." He'd also hugged her "a lot."

She said she hadn't reported it because some of the management had heard his comments and laughed them off as a joke. She felt there was no point in saying anything.

In January, an investigation occurred and Sundberg was found to have sexually harassed his colleagues and was fired.

The Hospital Employees’ Union said his behaviour was inappropriate and made his co-workers uncomfortable, but argued the penalty was too severe.

The Union argued that the Summerland Seniors' Village, which is owned by Well Being Services Ltd, had a "long-standing awareness" of Sundberg's behaviour.

It claimed that it fostered a workplace culture where such behaviour was tolerated, normalized, "and in some cases actively engaged in by those in positions of authority."

"It cannot now claim it was unaware of the work environment that was allowed to persist," the Union said.

The Arbitrator said it was "unfortunate" that the managers who were aware of the conduct did not take steps to address it.

While the Union argued Sundberg should get his job back, the Arbitrator said there was no indication he'd ever apologized or expressed any form of regret.

The Arbitrator ruled that Sundberg's conduct was repetitive, without provocation, and was ongoing for almost the entire three-and-a-half years he worked there.

"I find that the organizational hierarchy and age differences constitute significant power imbalances, making the young women particularly vulnerable and thus making it difficult for them to speak out," the Arbitrator said.

Ultimately, the Arbitrator dismissed the Union's appeal, and Sundberg didn't get his job back.

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