‘It won’t establish a resignation simply because an employee isn't reaching out during a layoff period’
A long-term employee who was temporarily laid off during the COVID-19 pandemic and wasn’t recalled because the employer erroneously thought he had retired was wrongfully dismissed, a BC court has ruled – but he was only entitled to a relatively short reasonable notice period because he did intend to retire within a short time.
Askanda Business Services sells and services draft beer equipment. The worker was hired in 1987 to perform most of the servicing work and was the company’s first employee. Over time, he eventually he became the only remaining employee after others left. He worked part-time and on an hourly basis.
The worker intended to retire at the age of 65, when he would be eligible to receive Old Age Security and Canada Pension Plan benefits and could care for his three young children. Occasionally, the topic of his retirement came up in casual conversation, but the worker didn’t discuss a specific date.
In March 2020, when the worker was 63 years old, the COVID-19 pandemic hit and the bars and restaurants which Askanda serviced were closed. Askanda had to temporarily lay off the worker.
Askanda issued a record of employment (ROE) indicating that his expected date of recall was unknown. The worker applied for employment insurance (EI) and the Canada Emergency Response Benefit (CERB), receiving that latter shortly thereafter.
The worker called Askanda’s owner on...
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