B.C. Interpretation Guide Updated To Consider Terminations Related To COVID-19

The British Columbia Employment Standards Branch ("B.C. ESB") updated its "Employment Standards Act Interpretation Guide" to address COVID-19-related closures and the legislative requirement to provide notice of termination or pay in lieu of notice of termination.

The updates state that if a closure or reduction in hours of an employer's business is directly related to COVID-19 and there is no way for the employee to perform work in a different way (i.e., working from home), an "impossible to perform" exception may apply. However, if COVID-19 is not the direct cause of the unforeseeable event or circumstances or the employee's work can be done in a different way, the "impossible to perform" exception will not apply. Each situation must be addressed on a case-by-case basis and the application of this exception only relieves an employer from statutory notice requirements. Any common law notice an employee may be entitled to is not eliminated by this exception.