A spa employee has filed a human rights complaint against her employer.
The employee, Christine Champagne, claims she was fired after giving her employer a doctor’s note saying she required medical leave.
In a BC Human Rights Tribunal (BCHRT) case, Champagne filed her complaint against Synergy Day Spa and its former manager, Jolie Vanderwal.
Champagne’s doctor’s note said she required eight weeks off.
The respondents claim Champagne was laid off because of the COVID-19 pandemic, not discriminatory reasons as Champagne claimed.
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Synergy asked the BCHRT to dismiss Champagne’s claims, but the tribunal refused for several reasons, suggesting Champagne earned a hearing.
The BCHRT decision says that Champagne was in an accident in May 2019, resulting in a shoulder injury that required time off work. She began a gradual return to work in September 2019.
In March 2020, when the COVID-19 pandemic was declared, all staff were temporarily laid off.
Synergy reopened on June 2, 2020, and on May 20, Champagne’s doctor recommended returning to work two days a week starting June 8, 2020.
On June 5, Champagne’s doctor changed their suggestion, advising her to remain off work for the next eight weeks, with a doctor’s note stating this guidance. She gave the note to the spa.
On June 9, Vanderwal emailed Champagne regarding her medical leave request.
The BCHRT decision says that in an email, Vanderwal “stated that the request exceeded the 13-week temporary layoff agreement; therefore, they were notifying her of her two-week notice, with the final date of work being June 23, 2020.”
Champagne took this email as being fired immediately after submitting her doctor’s note.
“The Spa says it was under the impression that since it had laid off all staff in March, Ms. Champagne was not technically an employee anymore and would have to be rehired rather than put on an extended medical leave,” the decision reads.
Synergy also claims to have paid severance to Champagne, which she disputes. She provided proof that she wasn’t given any severance through pay stubs. The tribunal wasn’t able to verify whether or not she received severance.
What she did receive on June 24, 2020, was vacation pay, commission and tips.
Ultimately, the tribunal determined that the respondents could not provide enough evidence to dismiss the complaint against Vanderwal, meaning the complaint would proceed to a hearing at a later date.
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