Vancouver, Canada (Nov. 7, 2024) — A Canadian couple has withdrawn a lawsuit filed against their former nanny, an Irish woman accused of suddenly quitting her position without saying goodbye to the children she cared for.
The suit, brought forward by Vancouver lawyer David Aaron and his partner Gloria Garofalo, initially sought punitive damages for what they described as “egregious disregard for the interests of the children.”
The couple alleged that Roisin Murphy, their nanny, quit abruptly in mid-October, leaving them without child care and impacting their ability to work and earn income.
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The lawsuit, filed in British Columbia Supreme Court, claimed Murphy’s sudden departure not only disrupted the couple’s childcare arrangements but also caused emotional distress to their young children, aged four and two, who had reportedly bonded closely with Murphy since her employment began in mid-September.
The couple claimed they were left unable to fulfill professional commitments and financial obligations due to the lack of immediate replacement for Murphy.
The dispute arose after Murphy, who was employed as a full-time nanny working from 8:30 a.m. to 4:30 p.m. at a rate of $20 per hour, informed the couple on October 18 that she might be coming down with a cold.
According to court documents, Aaron requested that Murphy take the rest of the day off to avoid spreading her illness to the children.
Murphy reportedly complied with this request and submitted an invoice that included her wages for the sick day, which the couple subsequently paid.
However, on October 20, Murphy sent an email informing the family that she would not be returning to work, citing the previous “stay home sick request” as her reason for quitting.
The couple argued that Murphy’s decision to leave her position with six weeks remaining on her contract was both abrupt and baseless.
They claimed it violated an earlier understanding they had with Murphy, in which she allegedly committed to work through the end of the year to provide stability for the children.
The lawsuit claimed this commitment was vital to ensuring that the children could build trust and emotional bonds with a long-term caregiver without fear of unexpected abandonment.
“Her quitting left the children abandoned by someone with whom they had formed a bond of trust and reliance, as well as an expectation of ongoing connection and care,” the couple’s claim stated.
Aaron and Garofalo argued that Murphy’s departure had an adverse impact on their ability to earn a professional income, as they were forced to seek alternative child care on short notice.
Murphy, an Irish citizen, was not immediately available for comment, and her whereabouts remain unknown.
Despite this, the couple’s lawsuit attracted considerable attention when it was first reported by the Vancouver Sun.
According to the court filing, Aaron and Garofalo sought damages for negligence and breach of contract, contending that Murphy’s decision to leave her role constituted a “blatant disregard for the emotional interests of the children” who had developed a strong attachment to her.
Further details outlined in the lawsuit suggest that Aaron, an experienced lawyer specializing in class actions and administrative law, took specific care to request Murphy’s sick leave in a manner he described as “caring, courteous, and professional.”
The claim emphasized that Aaron’s request was made in the presence of the children and was intended solely as a precautionary measure to safeguard their health.
Murphy, however, cited this interaction as her primary reason for resignation in her email to the couple two days later.
Following her resignation, Murphy reportedly sent an invoice covering her service up to October 18, which the couple promptly paid.
Nonetheless, they argued that her decision to quit without further notice left them in a challenging position, both financially and emotionally, as they scrambled to find replacement childcare.
According to the claim, this unanticipated shift in their child care arrangement affected the couple’s professional responsibilities and disrupted their family routine.
In their lawsuit, the couple argued that Murphy’s alleged disregard for the children’s welfare and the implications of her abrupt departure constituted negligence.
The claim also noted that her actions represented a breach of her contractual obligation to provide consistent care for the children, creating an unstable environment for them and breaking the bond of trust the family had worked to establish.
However, the lawsuit was withdrawn before it reached court, with Aaron confirming to the Vancouver Sun that the claim “was never served” and that the couple would not be proceeding with the legal action.
Postmedia News, a Canadian news outlet, reached out to Aaron for additional comments, but he declined to elaborate on the reasons for the lawsuit’s withdrawal or further details regarding the case.
It’s still unclear whether Murphy plans to return to Ireland or look for other work in Canada.
The allegations in the lawsuit have not been proven, and neither party has publicly explained the terms under which the case was dropped.
While the couple has expressed regret over the end of their working relationship with Murphy, they have not provided details on how they plan to handle their child care needs moving forward.
