B.C. couple asks court to overturn $45K award to nanny who was fired after getting cancer

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BC Supreme Court asked to overturn human rights tribunal decision because couple ended her employment contract when she was unable to work.

The Shimmuras paid her for the first month, “as a gesture of support,” but had to hire others to replace her.

“I find that the Shimmuras discriminated against Ms. Bayongan based on her disability, by not extending her work permit, and as a consequence, terminating her employment,” wrote tribunal member Amber Prince in her decision released on March 22, 2023.Article content The Shimmuras denied discriminating against Bayongan because they established a “bona fide occupational requirement,” citing other human rights decisions in which employers “established that the ability to perform work is fundamental to an employment contract.”

 

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