Iriotakis when it deducted the employee’s CERB payments from his damages for wrongful dismissal.
Background
The employee was temporarily laid off from his position as assistant manager of an automotive dealership in March 2020 not long after BC declared COVID-19 a public health emergency. As a result of the economic impact of the pandemic, the employee’s job was permanently terminated in August 2020 after he had worked at the dealership for 22 years. During the notice period, the employee received Employment Insurance (EI) and $14,000 in CERB.
Decision
The court determined that the appropriate reasonable notice period was 22 months. It concluded that the EI benefits should not be deducted because s. 45 of the