Employee owed $70,000 after sign dispute, discrimination due to marriage

Martin v. Grapevine Optical

In June 2022, the Human Rights Tribunal of B.C. determined that a store owner must pay their former employee over $70,000 as a result of being discriminated against based on her marriage.

Natasha Martin was an employee at Grapevine Optical for eight years before she was fired on July 10, 2019. One month prior, her husband, Kyle, was also terminated after a heated argument with owner Charles Fellnermayr.

Facts

• Natasha Martin and her husband Kyle Martin both worked for Grapevine Optical.
• Mrs. Martin was a loyal employee. There had been discussions between her and the owner, Charles Fellnermayr, that she would take over Grapevine Optical from Fellnermayr following his retirement.
• On June 10, 2019, Mrs. Martin and Fellnermayr had a heated argument about a change to the business’ sign.
• As Mrs. Martin left Grapevine Optical, she said goodbye to Fellnermayr, who did not respond. Following this Mr. Martin said “awesome, Chuck” in a loud sarcastic tone as they left the store.
• Fellnermayr followed the Martins out of the store. A very heated exchange between Fellnermayr and Mr. Martin ensued, with the two having to be separated from one another. A witness claims the former said “I’ll bury you six feet underground” in response to the latter saying “Hit me! Hit me! I’ll sue your ass off!”
• Mr. Martin never returned to work at Grapevine Optical and filed a bullying and harassment complaint with WorkSafeBC (WCB).
• Following the June 10, 2019 incident, the relationship between Mrs. Martin and Fellnermayr became strained.
• A workplace investigation was triggered by Mr. Martin’s WCB complaint. Grapevine Optical had to complete additional training and implement a bullying and harassment policy. Mr. Martin also had a WCB complaint hearing with Grapevine. The Tribunal found that Fellnermayr had at least some knowledge of Mr. Martin’s WCB complaint.
• Fellnermayr felt that the business was deteriorating due to his strained relationship with Mrs. Martin following Mr. Martin’s resignation. 
• Fellnermayr thought that, since the alteration, Ms. Martin had divided loyalties between her husband and the business and that her true loyalties lay with her husband.
• Fellnermayr planned to take over Mrs. Martin’s management responsibilities temporarily until he felt things got back on track, at which point he would return her management duties to her.
• Fellnermayr met with Mrs. Martin on July 10, 2019 to tell her he was taking over management responsibilities until further notice. Mrs. Martin asked to be “let go.” Fellnermayr complied with her request and fired Mrs. Martin.

The Tribunal’s Decision

Section 13 of the B.C. Human Rights Code protects employees from discrimination based on marital status and ensures that people are treated based on their own merit and not based on assumptions derived from their association with a group or the identity of their spouse.

The Tribunal found that Mr. Martin’s falling out with Fellnermayr had adversely impacted Mrs. Martin’s employment with Grapevine Optical and that it was a factor in the termination of her employment.

As such, the Tribunal found that Grapevine Optical had discriminated against Mrs. Martin based on her marital status. Compensation for the former employee included:

• Wage Loss: A causal connection existed between Mrs. Martin’s wage loss, due to her unemployment following her termination, and Grapevine Optical’s discrimination against her. Grapevine Optical was ordered to pay Mrs. Martin roughly one and a half years of wages as damages, amounting to $50,836.53.
• Expenses: Mrs. Martin was awarded a total of three days of wages for having to miss work to attend the Tribunal hearing.
• Violation of Dignity: Mrs. Martin was awarded $20,000 as compensation for her injury to dignity, feelings, and self-respect.

The total amount owed to Natasha Martin is $71,081.

Lesson for Employees

• Seek legal advice: Talk to an employment lawyer at Samfiru Tumarkin LLP if you lose your job or are facing discrimination at your workplace. We can review your unique situation and determine what your rights are, calculate how much severance pay you are entitled to, and work to secure the severance package you are legally owed in B.C. We have helped tens of thousands of Canadians get what they’re entitled to.
• Do not accept a severance offer: It is important to remember that if you are provided a severance package, once you put pen to paper and accept the terms being offered, you jeopardize your chance of getting a lawyer involved to pursue your full workplace entitlements.

Lesson for Employers

• Avoid discrimination: Do not factor in marital status when evaluating or terminating an employee.
• Provide proper severance pay: If you are terminating your employee without cause, you must provide them with a fair severance package.