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ARTICLE · 22 DECEMBER 2021

Frustrated By The Pandemic? That Doesn't Mean Your Contract Is.

Miller Titerle + Company
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Verigen v. Ensemble Travel Ltd., 2021 BCSC 1934, is the latest decision of the BC Supreme Court ("BCSC") to provide insights into the impact of COVID-19 on employment contracts and the legality of temporary layoffs.

CanadaEmployment and HR
Linette Lubke
Linette Lubke
Connor Levy
Connor Levy
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Verigen v. Ensemble Travel Ltd., 2021 BCSC 1934, is the latest decision of the BC Supreme Court ("BCSC") to provide insights into the impact of COVID-19 on employment contracts and the legality of temporary layoffs.

Ensemble Travel Group Canada ("ETL") hired Deidre Verigen ("Verigen") to be their business development director in Western Canada in February 2019. A year later, ETL was forced to temporarily lay off a portion of its workforce, including Verigen, because of the COVID-19 pandemic. The layoff period was set to last until June 2020 but was subsequently extended to July and then into August.

A week before her expected return to work at the end of August, ETL notified Verigen that she was being terminated and offered her two weeks' salary in lieu of notice. Verigen commenced an action against ETL for their failure to provide reasonable notice and sought damages reflecting a nine-month notice period. In response, ETL argued that Verigen's claim should be

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