BC Court Extends Notice Period Because of COVID and No CERB Reduction:

In Snider v. Reotech Construction Ltd.( 2021 BCPC 238) Justice Alexander first determined that the notice period for a 42 year old construction labourer with 2.4 years service was 4 months. The Judge then added a 2 week COVID bump.

“To that, I would add an additional two weeks based on the
challenges posed by COVID-19 and the availability of similar employment, as contemplated by the Bardal factors. The defendant terminated the claimant during a serious global pandemic. He has retrained but still has not found another job. In the circumstances, I find that four and a half months is the appropriate notice given the¬†claimant’s inability to find alternate and available employment.”

On the CERB issue, the Court noted the different trial outcomes but preferred the non deductibility argument because of the apparent uncertainty as to whether CERB would be repayable by the Plaintiff.

” Counsel’s submissions about the government website and the claimant’s opinion about his understanding of the CERB scheme do not constitute evidence that is determinative of whether CERB benefits must be repaid. There is no evidentiary basis to support the finding one way or the other about the deductibility of CERB benefits.”

If you would like a copy of this case email me at barry@barryfisher.ca