Image Credit: ADOBE STOCK

The manager of a Kelowna home decor store who says she referred to as a "crazy cat lady" for bringing her emotional support dog into work, has won the first stage of a Human Rights Tribunal case.

The owners of Kelowna's Lakehouse Home Store, Sue and Ben Boschman, had applied to the Human Rights Tribunal to dismiss the case against them, but the Tribunal refused, saying the matter should go to a hearing.

According to a Feb. 18, B.C. Human Rights Tribunal decision, Samantha MacFarlane managed the store and owing to her psychological condition often brought her therapy dog to work.

In February 2019, MacFarlane brought the dog into work as she had to conduct an interview.

According to the decision, MacFarlane claims that after the interview the Boschmans spoke to staff and compared her and her support dog to a "crazy cat lady."

She then went on medical leave for one month.

It's not clear if it was in direct response to the incident, but the Boschmans then hired Elizabeth Neef as a human resources consultant. Neef is also a respondent in the case.

READ MORE: Human Rights Tribunal rules strata can't ban emotional support dog

According to the decision, MacFarlane had a phone conversation with Neef prior to her return to work and shared her medical information.

MacFarlane said Neef "scoffed" at the information and said, "and you think your medication is working, why?"

MacFarlane alleged Neef told her to find other methods to eliminate her depression.

MacFarlane also alleged that Ben Boschman told her that her condition was to blame for her reactions and actions in the past months and that she should increase her medication.

She was also told the workplace was no place for dogs.

When MacFarlane returned to work one month later she was told she would be sharing her role with someone else, which she felt was a demotion.

She resigned one month later but said she'd return in six months as a merchandiser.

MacFarlane and Ben Boschman then had a meeting.

"(MacFarlane) felt Mr. Boschman bullied her during this meeting. She alleges that she was sobbing on the ground, he picked her up, cupped his hands around her face and repeated 'look at me.' He then apologized and told her to come back in the fall," the decision reads.

"In June 2019, Ms. Boschman allegedly told Ms. MacFarlane that bringing her dog to the interview 'changed everything for her and that she lost all trust and faith in (her) from that point on.' Ms. Boschman allegedly told her she should have been fired for bringing her dog," the decision reads.

MacFarlane also claims Sue Boschman told other staff members that she was not on the right medication.

The Boschmans along with Neef applied to the Tribunal to dismiss the complaint saying it had no chance of success at a hearing.

However, the Tribunal disagreed.

"Ms. Neef does not explain how the evidence shows Ms. MacFarlane has no reasonable prospect of success," the Tribunal ruled. "She attached a blank copy of her consulting agreement which does not provide any information pertaining to this complaint, nor does she explain the significance of the document."

The Tribunal says that Neef's arguments are "brief" and don't point to any of the evidence to support her statements.

Neef denies that she scoffed at MacFarlane and was always professional.

"Ms. Neef and Ms. MacFarlane allege different versions of the events on the key issue of the alleged statements. I cannot resolve that difference on this application," the Tribunal ruled. "A hearing is required."

Neef also argues as she was not MacFarlane's direct employer she should not be named in the Human Rights complaint.

However, the Tribunal dismissed her argument.

"Again, there is a lack of evidence about what Ms. Neef was hired to do and what human resources work she actually performed for the employer. For example, there is no evidence that she did not have substantial influence over the course of action taken," the Tribunal ruled.

The Tribunal reiterates that although it has refused to dismiss the complaint, that does not mean MacFarlane will win, if, and when, the case goes to a hearing.

The Tribunal urges both parties to use the Tribunal’s mediation services to try to resolve the matter by mutual agreement.

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