B.C. couple looks to overturn $45K award to nanny with cancer who was fired
The parents of three children who let their nanny go because she was unable to work for five months following a cancer diagnosis were ordered by the B.C. Human Rights Tribunal earlier this year to pay her $45,000.
Yoshiki and Yoshiko Shimmura are now asking for the B.C. Supreme Court to either reverse the decision that they discriminated against Filipino caregiver Marites Bayongan under B.C.’s Human Rights Code or to send it back to the tribunal for another hearing.
“The tribunal member erred by not dismissing the complaint due to Ms. Bayongan’s not working for an extended period of time,” the couple said in their court petition.
In 2018, the Shimmuras hired Bayongan under the federal temporary foreign worker program as a full-time caregiver for their three children. Her contract was renewed in April 2020, when the children were then 10, 15 and 17 years old.
In November 2020, Bayongan was diagnosed with cancer and texted the couple that she was unable to work because of the pain, and later because of the effects of chemotherapy treatments.
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