On childcare, court proceedings, and changing one's mind: part 1.

DA and GG reside in Vancouver. They hired a full-time nanny to care for their 2 young children on weekdays.

One Friday, about a month in, the nanny told DA that she might be coming down with a cold. DA asked the nanny to go home for the day.¹

That Sunday, the nanny emailed, stating that she was quitting because of the request for her to stay home sick.

This must have been very annoying for DA and GG, who probably had to take time off work and scramble to find a replacement at very short notice.

So what did DA and GG do?

Why, they sued the nanny, of course.

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DA and GG "sought punitive damages for what they described as 'egregious disregard for the interests of the children.'"

They claimed that the nanny's abrupt departure:
- "caused emotional distress to their young children... who had reportedly bonded closely with [the nanny] since her employment began...";
- violated the nanny's alleged commitment to work through the end of the year to provide stability for the children, which was vital to ensuring that the children could build trust and emotional bonds with a long-term caregiver without fear of unexpected abandonment; and
- constituted a "blatant disregard for the emotional interests of the children" who had developed a strong attachment to her.

In particular, she "didn't say goodbye to the children"!

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So does this lawsuit mean that the nanny will now have to defend herself in Court? Will she have to justify her actions from the witness box, and look at the poor children in their eyes as they sob and wail in the public gallery?

Well, no.

That's because the lawsuit won't be proceeding.

As it turns out, the lawsuit was never served on the nanny.²

Which also means that - fortunately or unfortunately (depending on your perspective) - we won't have the benefit of a Court ruling on whether nannies who depart employment abruptly should be held liable for such emotional distress to their wards.³

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In part 2, I'll share some learning points, for those who are aggrieved by broken promises and are considering suing.