Okanagan Symphony Orchestra music director claims wrongful dismissal

Unraveling a Symphony’s Discord

The recent dismissal of Rosemary Thomson from the Okanagan Symphony Orchestra (OSO), as reported by numerous media outlets like Global B.C., has sent shockwaves through the musical world.

Her claim of wrongful dismissal and the community’s response have become a focal point in discussions about employment practices in the arts.

The Sudden Finale: Thomson’s Unexpected Exit

Thomson, with nearly 16 years under her baton as the OSO’s music director, faced an abrupt termination six months prior to her planned retirement.

This dismissal, according to her, involved a clause in her employment contract that is usually reserved for the worst workplace offences.

She argues that she did not engage in any acts of serious misconduct, and that she should not have been fired for cause.

The ‘Amplify’ Incident

Thomson’s final show, ‘Amplify,’ intended to celebrate BIPOC artists and challenge traditional orchestral norms, seems to be at the heart of the dispute.

She claims that she was fired without merit because of allegations relating to the recent OSO concert, which featured “guest artists representing Indigenous cultures and improvisatory traditions outside the OSO’s classical roots.”

“I feel like this whole thing has been really unjust and wrong and I need to stand up for myself,” Thomson told the Okanagan Newspaper Group.

“I’m 100 per cent confident that we will prove they did not have cause, which makes them in breach of my contract, and I will be vindicated.”

Public Outcry and Support

The decision to dismiss Thomson has resonated within the arts community, which has rallied support with a petition on Change.org calling for her reinstatement.

She is also a national mentor with the Women in Musical Leadership program and an advocate for people with ADHD.

The Orchestra’s Stance

The OSO and its president, Judy Burns, said in a written statement that the “release of Rosemary Thomson from her contract was done after a thorough examination of the available information.”

“The OSS Board consulted expert advice, evaluated options, and performed a careful analysis before making a difficult decision.”

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Termination For Cause: What Is It?

Termination for cause in British Columbia, often referred to as the “capital punishment” of employment law, is reserved for severe cases of workplace misconduct such as:

• Dishonesty
• Serious insubordination
• Assault
• Theft

Poor performance or mistakes at work don’t constitute justifiable grounds for this type of dismissal.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about terminations for cause on an episode of the Employment Law Show.

The challenge for employers is that establishing a valid termination for cause is extremely difficult.

They must demonstrate that a non-unionized employee’s misconduct was with malice, severe, and left no other option but dismissal.

This is often a high bar to meet, especially for long-serving workers.

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Termination and Severance Pay

In cases of termination for cause, non-unionized employees aren’t entitled to severance pay or notice of termination.

However, it’s crucial to understand that many employers often allege “cause” in scenarios where the termination doesn’t genuinely meet the legal standards for such a drastic action.

When an employer in B.C. (and elsewhere in Canada) doesn’t have cause to fire an employee, it becomes a termination without cause.

In this scenario, non-unionized employees are legally entitled to a full severance package in B.C., which can be as much as 24 months’ pay.

Severance is calculated using a variety of factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much compensation you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

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• Severance pay for provincially regulated employees
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When It Becomes a Wrongful Dismissal

In B.C., a wrongful dismissal occurs when an employee is fired by their employer without being given the proper amount of severance pay.

It also applies when an employee is incorrectly let go “for cause” and without a severance package, or is constructively dismissed due to changes to their job.

Don’t Sign On the Dotted Line!

If your employer provides you with a severance offer, termination papers, or exit agreement, don’t sign anything before seeking legal counsel — even if the documents come with a deadline.

These deadlines are nothing more than a pressure tactic to get you to accept inadequate compensation.

If you sign and return these documents to your company, you forfeit your ability to negotiate a fair and proper severance package.

A Vancouver wrongful dismissal lawyer at Samfiru Tumarkin LLP can help you identify the best way forward.

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Lost Your Job? Speak With An Employment Lawyer

If you are fired or let go for any reason, contact our experienced employment law team.

At Samfiru Tumarkin LLP, our Vancouver employment lawyers in B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

An experienced Vancouver severance pay lawyer can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.