Note: This article updates an earlier story that appeared March 25, 2023
An immigrant nanny who won a human rights' case in 2023 against a Metro Vancouver couple has now withdrawn her complaint — in which she alleged she was fired because of a cancer diagnosis — after a recent ruling opened the door for a second hearing.
In a Sept. 5 decision, B.C. Human Rights Tribunal member Amber Prince set aside a March 2023 ruling where Yoshiko and Yoshiki Shimmura were ordered to pay $45,780 to Marites Bayongan, who was diagnosed with cancer in November 2020.
At the time, Prince found the Shimmuras discriminated against Bayongan on employment on the basis of her disability. She worked for the couple from July 2018 to April 2021.
Since that ruling, the Shimmuras requested the original decision be reconsidered based on being unaware their lawyer at the time failed to file closing submissions in the case.
In the Sept. 5 decision, Prince agreed 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Prince ordered a new hearing but Bayongan has since withdrawn her complaint.
'Moved on from this chapter'
"The Shimmuras and I have moved on from this chapter in our lives and, as such, I have decided to withdraw my British Columbia Human Rights Tribunal complaint," she said in a press release provided to Glacier Media that was included in documents emailed by the Shimmuras' lawyer, Ravi Hira.
"I am grateful for the opportunity to have worked with the Shimmuras, and to have had their assistance 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.
Prior to moving to Canada and working for the Shimmuras, Bayongan was a stay-at-home parent to her five children in the Philippines. However, Prince said, her family’s financial security was threatened when her husband passed away.
As a result, she sought employment in Canada to support her kids.
Work permit
Bayongan's contract with the Shimmuras was for two years. It was renewed for another two years in April 2020. A condition of her second contract was that she obtain and maintain a valid work permit, Prince said.
“There is no dispute that Ms. Bayongan worked 40 hours per week for the Shimmuras. Her rate of pay under the April 13, 2020 contract was $14.42 per hour,” the rapier tribunal documents said.
While working for the Shimmuras, Bayongan began to experience health issues and was diagnosed with cancer in November 2020.
In her complaint, Bayongan alleged that when the Shimmuras learned of her cancer diagnosis, they terminated her employment, did not allow her return to work and refused to extend her employer-specific work permit.
She needed that document to maintain her Canadian immigration status.
'Heartfelt and positive'
In her press release this week, Bayongan had nothing but kind words for the Shimmuras.
"During this trying time, the Shimmuras were supportive of me, and tried to assist me," she said of her cancer diagnosis. "The Shimmuras contributed financial assistance to help me during my medical journey and helped facilitate meetings with lawyers and other professionals to try and gain necessary supports."
Following the end of her working relationship with the Shimmuras, she said, the couple continued to extend their support.
Bayongan sais Yoshiko Shimmura wrote "a heartfelt and positive letter" to Immigration, Refugees and Citizenship Canada, outlining "my extenuating circumstances and appealing for compassion in allowing me to remain in Canada."
The case is now closed.
