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A Kamloops autism support centre has lost an appeal after it was ordered to pay $22,000 to a former employee whose job was downgraded when she returned from maternity leave.

According to a Sept. 19 BC Employment Standards Tribunal decision, Social Butterflies Activities and Learning argued it was not given a meaningful opportunity to present all the relevant evidence.

The decision said Social Butterflies Activities and Learning director Chantal White argued the Tribunal had failed to consider payroll and client assignment records and didn't take into consideration the incomplete evidence.

However, the Tribunal ruled that after White was given "multiple opportunities" and an extension of time to provide documents and evidence, her submissions were incomplete.

The decision said the original complaint arose after employee Kelsey Clarke returned from maternity leave.

"Upon her return, (she) found that Social Butterflies failed to reinstate her to her previous or a comparable position. Instead, (she) was reassigned to fewer and different clients, relocated to a less suitable office space, had her administrative and supervisory duties reassigned.

She was also told she would have to complete more training to work with certain clients.

"These changes resulted in a substantial reduction in her hours and earnings," the decision read. "(Her) duties, hours, and compensation were significantly reduced, and... her supervisory and administrative responsibilities were removed. These changes amounted to more than routine operational adjustments."

BC's Employment Standards later ruled this was a unilateral change of her terms and conditions of employment without her written consent, which breaches employment law.

White disagreed and argued that the employee was reinstated to the same or a comparable position after her maternity leave.

"She argues that client assignments and office arrangements were based on operational needs and the complainant’s own reduced availability, not any unlawful changes to her conditions of employment," the decision read.

However, the Tribunal dismissed the argument and ordered the company, instead of reinstatement, to pay $22,365 to cover her lost wages.

In her appeal, White argued the Tribunal had failed to assess client assignments, compensation and office arrangements correctly.

However, the Tribunal didn't buy it.

"Social Butterflies was given multiple opportunities to provide documentation, including payroll, client schedules, and correspondence," the Tribunal ruled, noting it followed up when the information received was incomplete.

She also argued there were disability-related barriers that hindered the company's participation in the investigation.

However, the Tribunal ruled it did not seek formal accommodation during the investigation and didn't submit evidence for the appeal after receiving an extension.

While White argued there was procedural unfairness in the case, the Tribunal disagreed.

"Calculation of compensation, interest, and penalty was supported by payroll records and statutory provisions. While Social Butterflies disputes the cause of the reduction in compensation, the... finding that the reduction stemmed from unilateral changes to the complainant’s work rather than solely from her own scheduling choices was reasonably open on the evidence," the Tribunal ruled.

Ultimately, the Tribunal dismissed Social Butterflies Activities and Learning's appeal and ordered the company to pay its former employee $22,365 plus interest.

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