Escobar v. Ocean Pacific Hotels Ltd.
Romuel Escobar
Law Firm / Organization
Allevato Quail & Roy
Ocean Pacific Hotels Ltd.

Background:
In March 2020, the COVID-19 pandemic severely impacted the Pan Pacific Hotel in Vancouver, operated by Ocean Pacific Hotels Ltd. The hotel’s business plummeted, leading the company to stop scheduling shifts for its regular hourly employees, including Romuel Escobar, who had worked there since 1986. By mid-March 2020, most of these employees stopped receiving shifts, and many were later terminated or offered reduced or casual work agreements. Escobar and others argued this was a fundamental change in their employment contracts.

Key Legal Issues:
The court addressed several legal issues:

  • Constructive Dismissal: Escobar claimed Ocean Pacific fundamentally altered employment contracts by ceasing to provide work, constituting constructive dismissal. The court agreed, finding the indefinite cessation of shifts breached the contracts.
  • Notice Periods: The court considered whether the COVID-19 pandemic justified longer notice periods. It concluded class members were entitled to extended notice due to the pandemic's impact, except those with contracts limiting notice to statutory minimums.
  • Misleading Communications: The court evaluated if Ocean Pacific intentionally misled employees about their job prospects. It found the company’s communications were misleading, as it had decided to operate with a reduced workforce but did not clearly inform employees.

Outcome:
The court ruled in favor of Romuel Escobar and the class members on the constructive dismissal claim and awarded extended notice periods. Specific monetary awards and costs were to be determined individually later. The total amounts were not specified.

Supreme Court of British Columbia
S210614
Employment law
Plaintiff