Sweet Meadows Market

Image Credit: FACEBOOK: Sweet Meadows Market

A BC grocery store that fired a cashier because she self-isolated due to having COVID-19 symptoms has been ordered to pay $40,000 in compensation.

According to a recently published Nov. 19 BC Human Rights Tribunal decision, Sweet Meadows Market discriminated against former cashier Belinda Jickling after she twice called into work saying she couldn't come in because she had to self-isolate.

The BC Human Rights Tribunal ruled that having COVID symptoms was a disability, and therefore firing Jickling because of this was discrimination based on a disability, contrary to the BC Human Rights Code.

The decision said Jickling was employed at the family-owned Vancouver Island farm store in May 2020, just months after the pandemic began.

Jickling had been on long-term disability from her previous job following a car crash and was hired for two shifts a week at the grocery store as a plan to return to the workforce gradually.

After a few shifts, Jickling went down with a sore throat and cough and emailed her manager saying she would be staying home as she had COVID-19 like symptoms.

At the time, the BC Centre for Disease Control guidelines were to stay home and self-isolate if someone thought they may have COVID. The store's policy mirrored the government and said workers should stay home if they displayed COVID-like symptoms.

Jickling returned to work for a few shifts but then experienced severe abdominal pains and ended up at the emergency department.

She had a COVID test but it was inconclusive, however, the doctor told her it could be a bug or a virus, and said she should self-isolate for 10 days.

Jickling emailed work to tell them she'd been told to self-isolate.

The manager responded saying, "we do not feel that this is a good match and at this point it is best to part ways."

Sometime afterward Jickling launched a BC Human Rights case against Sweet Meadows Market.

The store argued sick leave due to suspected COVID-19 was not a disability under the BC Human Rights code because it wasn't permanent.

"It argues that, if leaves due to symptoms of COVID-19 are a disability protected by the (BC Human Rights) Code, other transient illnesses such as a cold, influenza, or gastroenteritis must similarly be protected," the decision read.

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However, the Tribunal disagreed it was the same as having a cold or flu.

"Jickling’s leaves arose from the guidelines of the BC Centre Disease Control and Sweet Meadows’ workplace policy... BC’s Provincial Health Officer was mandating anyone with COVID-19 symptoms stay at home," the Tribunal said. "This situation is distinguishable from an employee choosing to take a short time off work because they have a temporary illness, because Ms. Jickling understood she was required to take a leave from work and self-isolate for ten days in each instance, under the prevailing guidelines and workplace policy."

Sweet Meadows Market argued it was concerned about Jickling's performance at work, but the Tribunal ruled there was no mention of this in her termination email.

Among its other arguments, the grocery store said it didn't discriminate because it had family members with disabilities and had hired others with disabilities and when they needed to take medical leave they'd shown "compassion and understanding."

The Tribunal dismissed the argument pointing out that the store's conduct in other situations had nothing to do with the current case.

"I recognize that Sweet Meadows did not believe it was terminating Ms. Jickling’s employment based on a disability... However, considering all the circumstances of the case, I am satisfied... that Ms. Jickling’s two COVID-19 related leaves (were) a factor in her termination and, as a result, Sweet Meadows contravened the (BC Human Rights) Code," the Tribunal ruled.

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The Tribunal said that getting fired had led to a "great deal of distress and despair" for Jickling who was trying to re-enter the workforce and now "felt shame and embarrassment" about being let go.

"The evidence before me is that the effects of the discrimination were devastating and long-lasting on her," the Tribunal said. "The firing had a significant effect on Ms. Jickling’s sense of self-worth where she felt she could not contribute to society."

Jickling argued for $40,000 compensation, whereas the store said it should be significantly less.

The Tribunal said that it accepted that the grocery store didn't mean to discriminate, but the purpose of the compensation was for injury to dignity and wellbeing.

With that, it ordered Sweeet Meadows Market to pay its former cashier $40,000 compensation, plus $1,825 to cover her legal expenses.

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