The former owners of a West Kelowna gym who fired an employee who was off sick have failed in their attempt to have a Human Rights Tribunal case thrown out.

The owners of Gravity Fitness Centre, Dan and Tina Faye, argued that they fired Terra Briden because she didn’t communicate with them while she was off sick and their reason was not discriminatory.

However, the Tribunal refused to throw the case out and ruled that it was not cut and dry and needed to go to a hearing for a final decision to be made.

The Tribunal said the story from both sides was “somewhat difficult to follow” and it had “done its best” to understand the allegations.

According to a July 29 BC Human Rights Tribunal decision, Briden was working at Gravity Fitness in late 2020 when she went on medical leave. While in hospital she was fired by the Fayes.

Briden said while she was off sick, Tina Faye, who also goes by the last name Shaw, insisted she provide passwords for the business she didn’t have. She said she felt “harassed and bullied” by this.

Gravity Fitness argued Briden was fired because she did not respond to their attempts to communicate with her while she was on leave.

“Ms. Shaw says she and Mr. Faye own multiple businesses and, before the events described in the complaint, they did not know anything about the operation of the gym,” the decision read.

The owners said the previous manager quit just before Briden went off sick and they were concerned Briden might quit before she returned from her leave.

The owners said Briden knew all the passwords for the business and claimed she refused to hand them over.

However, Briden disputed this, saying she handed over all the passwords she knew.

In its defence, the Faye’s gave numerous other reasons why firing Briden wasn’t discriminatory.

They said Briden had filed a civil claim against them that had been resolved and that Gravity Fitness had also been sold, so now they had no control over it.

Tina also argued she was not responsible for the termination, as she was not an owner of the business and had no managerial authority.

However, the Tribunal said this contradicted Briden’s testimony, which stated that Tina acted as a manager and was involved in her termination.

The decision said that after being sold, Gravity Fitness changed its name to Iron Energy Fitness Centre.

Iron Energy Fitness became embroiled in a legal fight with the province when it refused to close during the pandemic. While it plastered ‘Free BC’ signs on its doors, it was eventually shut down by a court order. In 2024, it renamed itself Aesthetic Nation Gym.

Iron Energy Fitness Centre didn’t respond to the suit, but the Tribunal said the case will proceed to a hearing regardless of whether or not they respond.

While the Fayes said the civil court case was settled after mediation, the Tribunal ruled they’d provided no evidence for this, or that any settlement reached also addressed the human rights complaint.

Court records show Briden filed a Notice of Claim in December 2020, claiming $35,000 and accusing the Fayes of owing her eight months’ severance pay along with damages. It’s unclear from the court record if the case was ever settled.

Ultimately, the Tribunal ruled the case needed to go to a hearing to be resolved.