Pandemic Did Not “Frustrate” Employment Contract Entitling Employee to Wrongful Dismissal Damages
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, which could help shed some light on a situation many are facing following this pandemic. Whether the pandemic amounted to a frustration in a specific employment relationship.
In the recent case (Verigen v. Ensemble Travel Ltd) the Plaintiff worked for the Defendant in a travel industry related job. When Covid hit the Defendant terminated her position. They acknowledged they had no cause for doing so but argued the pandemic amounted to a ‘frustration’ of the employment contract. In disagreeing that the contract was frustrated and finding the Plaintiff was entitled to damages in the amount of five months notice Mr. Justice Milman provided the following reasons: