Former Okanagan Symphony Orchestra conductor Rosemary Thomson.

Image Credit: Jan Vozenilek

A lawsuit launched against the Okanagan Symphony Orchestra Society by fired conductor and music director Rosemary Thomson centres on a conflict that arose during a concert about decolonization.

Thomson is suing society president Judy Burns over her firing.

A concert called “Amplify” was about “showing leadership in the development and decolonization of the society’s art form and developing strategies to engage new and diverse audiences,” the lawsuit said.

Although the concert was focused on inclusion and race relations, the lawsuit mostly centres around the execution of logistics during the event in Kelowna on Nov. 18, and a contentious professional relationship between Thomson and Burns.

Thomson was fired after getting blamed for the show starting late, arriving late to the rehearsals and because other things weren’t ready on time, according to the lawsuit. The society cited “poor preparation and time management” by Thomson.

Thomson argued the delays were not the result of unprofessionalism and offered an explanation for each of them.

Her lawsuit alleges the symphony society didn't act in good faith, and breached its duties by failing to provide administrative support, clear direction or any warnings.

Burns didn't act in good faith by presenting inaccurate or incomplete information to the board about Thomson, soliciting negative feedback about her during exit interviews and seeking legal advice that would recommend against renewing her contract, the lawsuit alleged.

Burns has an “animus” against Thomson and sought to discredit the conductor in their “small and close-knit” professional community.

Thomson claimed Burns told the board that Thomson was the primary cause of their financial difficulties, and was “an impediment to change that the society and OSO needed to undergo.”

The claim also said Burns lied by telling board members the conductor agreed to a longer COVID-era pay cut than what was actually agreed upon.

Board members were told by Burns that Thomson’s issues were not a result of her ADHD, but rather because of her personal failings.

Shortly after the announcement on Dec. 6 that Thomson was fired, Burns responded on behalf of the OSO.

“I can assure our community that the release of Rosemary Thomson from her contract was done after a thorough examination of the available information,” read part of Burns’ statement to the media.

Thomson said the statement was false and malicious, and that her character, credit and reputation were seriously injured. The ordeal caused her anxiety, humiliation and embarrassment, and she was fired in bad faith.

Thomson would have been paid $6,680 per month for the nine remaining months of her contract – a total of $60,120 – however the lawsuit does not specify an exact amount in the relief sought.

The symphony has yet to respond to the lawsuit and none of these allegations have been proven in court.

 — This story was originally published by Penticton Herald.

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