Prime Time Sports in New Westminster 'discriminated'
The owners of Prime Time Sports in the Royal City Centre Mall have been directed by the B.C. Human Rights Tribunal to pay a former employee more than $10,000 because her health was a partial factor in her being fired.
Charlene Bateman was hired by the store's owners, Bill and Harprit Husband, in November 2009. Bateman told them at that time she had some health concerns and would need a hysterectomy with a recovery time of four to eight weeks.
She had the surgery on Feb 9, 2010 and the Husbands hired Brandi Pugh to fill in for her. When Bateman, who had then been diagnosed with multiple sclerosis, returned she was told there wasn't any more work for her, but Pugh continued to work there.
Bateman filed a discrimination complaint with the tribunal, which held a hearing before Norman Trerise in January. A decision, however, wasn't written until last month when both sides said they were no longer interested in settlement discussions.
The couple told Trerise that job performance concerns were behind their decision.
Trerise concluded, that although there were legitimate performance concerns, Bateman's health was at least a factor in her termination. He said the store's owners preferred her replacement but only came to that determination as a result of having to find a replacement during her illness.
Trerise awarded Bateman $5,000 for injury to her dignity for the firing, and another $5,088 for loss of wages saying her performance likely would have meant she would only have retained her job for another two months.