British Columbia Human Rights Tribunal overturns decision to fire nanny

Note: This article updates a previous story that appeared on March 25, 2023

An immigrant nanny who won a human rights case against a metro Vancouver couple in 2023 has now withdrawn her lawsuit – in which she claimed she was fired because of a cancer diagnosis – after a recent ruling opened the door to a second hearing .

In a Sept. 5 decision, BC Human Rights Tribunal member Amber Prince overturned a March 2023 ruling ordering Yoshiko and Yoshiki Shimmura to pay $45,780 to Marites Bayongan in the November 2020 case of cancer was diagnosed.

At that time, Prince discovered that the Shimmuras were discriminating against Bayongan in employment based on her disability. She worked for the couple from July 2018 to April 2021.

Since that ruling, the Shimmuras requested a review of the original decision, unaware that their then-counsel had failed to file final motions in the case.

In the Sept. 5 ruling, Prince agreed that the Shimmuras were “denied the opportunity” to fully respond to Bayongan’s complaint.

Prince ordered a new hearing, but Bayongan has since withdrawn her complaint.

“Moving On From This Chapter”

“The Shimmuras and I have moved on from this chapter in our lives and that is why I have decided to withdraw my complaint to the British Columbia Human Rights Tribunal,” she said in a press release to Glacier Media, included in emailed documents was the Shimmuras’ lawyer, Ravi Hira.

“I am grateful for the opportunity to work with the Shimmuras and receive their support during my battle with cancer.”

Bayongan began working full-time as a caregiver for the Shimmuras’ three children in July 2018 under a federal temporary foreign worker program.

Before moving to Canada and working for the Shimmuras, Bayongan was a stay-at-home mom to her five children in the Philippines. However, her family’s financial security was threatened by her husband’s death, Prince said.

So she looked for a job in Canada to support her children.

Work permit

Bayongan’s contract with the Shimmuras was for two years. In April 2020 it was extended for another two years. A condition of her second contract is that she obtain and maintain a valid work permit, Prince said.

“There is no doubt that Ms. Bayongan worked 40 hours a week for the Shimmuras. Her wages under the April 13, 2020 contract were $14.42 per hour,” the Rapier Tribunal documents state.

While working for the Shimmuras, Bayongan developed health problems and was diagnosed with cancer in November 2020.

In her complaint, Bayongan alleged that upon learning of her cancer diagnosis, the Shimmuras terminated her employment, refused to allow her to return to work, and refused to renew her employer-specific work permit.

She needed this document to maintain her Canadian immigration status.

“Hearty and positive”

In their press release this week, Bayongan had only kind words for the Shimmuras.

“During this difficult time, the Shimmuras supported me and tried to help me,” she said of her cancer diagnosis. “The Shimmuras provided financial support to support me throughout my medical journey and helped facilitate meetings with lawyers and other professionals to obtain the necessary support.”

After her association with the Shimmuras ended, she said, the couple continued to expand their support.

Bayongan Sai’s Yoshiko Shimmura wrote “a warm and positive letter” to Immigration, Refugees and Citizenship Canada, in which she “explained my extenuating circumstances and asked for compassion to allow me to remain in Canada.”

The case is now closed.