Background:
Corey Morrison, the appellant, worked as a forest technologist for 0812652 B.C. Ltd., doing business as Timberland Consultants, since 1992. His role primarily involved managing contracts for BC Timber Sales (BCTS). In 2020, BCTS canceled a major contract, and Morrison was laid off.

Legal Arguments:
Morrison claimed constructive dismissal, asserting he was laid off without being recalled, triggering the deemed termination provisions of the Employment Standards Act (ESA). He argued the layoff exceeded the 13-week limit set by the ESA, entitling him to severance. Timberland argued that Morrison had requested the layoff, as he had done in previous years, and thus the ESA provisions did not apply.

Arbitration Decision:
An arbitrator dismissed Morrison’s claim, ruling that the layoff was initiated by Morrison, meaning the ESA provisions on termination did not apply. The arbitrator also found that Morrison could have returned to work if he had requested it, but he did not do so.

Court of Appeal:
Morrison appealed, arguing the arbitrator erred in interpreting the ESA. The Court of Appeal dismissed the appeal, holding that the arbitrator did not make a principled distinction between employer- and employee-initiated layoffs, but rather based the decision on the factual circumstances. A dissenting judge argued the arbitrator had misinterpreted the ESA.

Outcome:
The appeal was dismissed. No award or costs were specified for the successful party.