Employer failed to recall long-term worker based on misunderstood phone conversation
The Supreme Court of British Columbia has ruled in favor of a 64-year-old worker who claimed wrongful dismissal after his employer failed to recall him from a COVID-19 layoff, believing the employee had resigned during an ambiguous phone conversation about retirement.
The case centered on a May 2020 telephone call between the worker and his employer of 34 years, during which retirement was allegedly discussed.
The employer interpreted the worker's statement that he "might as well just retire" as a formal resignation, while the worker maintained he was simply inquiring about his return to work timeline.
The worker had been the sole employee of a small draft beer equipment servicing company since 1987, earning approximately $29,000 annually in part-time work.
When COVID-19 restrictions shut down the hospitality industry in March 2020, the 63-year-old father of three young children was temporarily laid off along with the rest of the industry.
During their first contact since the layoff on May 31, 2020, the business owner claims the worker told him he was moving to Langley and "might as well just retire."
Despite being "shocked" by this alleged news, the employer admitted during cross-examination that he asked no follow-up questions and made no changes to the worker's employment records.
In this case, Justice Marzari...
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