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ARTICLE · 21 DECEMBER 2022

COVID Closure Did Not Frustrate Employment Contract, BCSC Rules

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While COVID-19 certainly created difficult circumstances for bars and restaurants across Canada, it didn't result in a frustrated employment contract for a pub manager who lost his job...

CanadaEmployment and HR
Lynsey Gaudin
Lynsey Gaudin
Graham Christie
Graham Christie
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While COVID-19 certainly created difficult circumstances for bars and restaurants across Canada, it didn't result in a frustrated employment contract for a pub manager who lost his job at the onset of the pandemic.

On December 1, the Supreme Court of British Columbia (BCSC) released its decision Fanzone v. 516400 B.C. Ltd., 2022 BCSC 2089, a case in which a pub manager alleged wrongful dismissal after he lost his job without receiving reasonable notice or payment in lieu. The plaintiff received his outstanding pay, including vacation pay, on March 17, 2020, but was never called back to work or paid any severance.

Employer Claimed Pandemic Frustrated Employment Contract

The employer in this case claimed the pandemic had made it impossible for the pub to remain open and therefore frustrated the employment contracts it had with employees.

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