Worker laid off from job servicing draft beer equipment during pandemic didn’t quit: BC court
A recent British Columbia Supreme Court decision reminds us that beer and COVID aren’t always a recipe for… resignation? Let’s “hop” into the decision.
The decision, Gent v. Askanda Business Services Ltd., 2025 BCSC 1278, is a wrongful dismissal case, commenced by Bradley Gent against his former employer, Askanda. Askanda was in the business of selling and servicing draft beer equipment. It is not clear if Gent was a “stout” man, but he certainly had the makings of a strong wrongful dismissal claim - he was 64 years old, had over 30 years with the company, and held a niche role.
The main issue in this decision was whether Gent was wrongfully dismissed or voluntarily resigned and retired. Gent said that he never retired and was still waiting for Askanda to call him back to work following a period of layoff due to COVID-19. Askanda said that Gent advised in May 2020 that he had decided to move to Langley, BC, with his family and retire.
Gent was the sole employee of Askanda, attending various pubs and restaurants one-to-four times a month to clear and service their draft beer equipment. In March 2020, COVID effectively shut down Askanda’s business. On or about March 18, Askanda temporarily laid off Gent and issued him a Record of Employment (ROE), indicating his expected date of recall was unknown. Gent applied for employment insurance and the Canada Emergency Response Benefit...
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