Walking the line between termination and resignation

October 01, 2017 0 COMMENTS

by Hannah Roskey

For Canadian employers, navigating the distinction between resignation and termination can be tricky. If an employee resigns, there is no entitlement to severance. If an employee is terminated without cause, the employer is on the hook for termination pay (and possibly severance pay in Ontario and the federal jurisdiction). The recent Alberta ruling in Carroll v. Purcee, 2017 ABQB 211, highlights that mistakes in distinguishing between termination and resignation can be costly.

Background

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Clarification not required when accepting disabled employee’s resignation

July 30, 2017 0 COMMENTS

by David G. Wong

In its recent decision in Razo v. Essilor Canada, 2017 BCHRT 133, the British Columbia Human Rights Tribunal dismissed the argument that an employer could not accept the resignation of a long-term disabled employee without making further inquiries.

In this case, the complainant, Helen Razo, filed a complaint alleging discrimination on the ground of disability. The employer denied that it had refused to allow Razo to return to work and claimed that she had resigned.

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‘I quit … oh wait, I didn’t mean it!’

March 19, 2017 0 COMMENTS

by Stefan Kimpton

Employers don’t often enough think about the consequences of a heat-of-the-moment resignation. It is generally assumed that when an employee says “I quit” or storms out of the workplace, the employment relationship has come to an end and the employer owes no further obligations to the employee.

Think again. As a recent decision of the Ontario Superior Court of Justice – Johal v Simmons da Silva LLP, 2016 ONSC 7835 – reminds us, employers ought to exercise caution before accepting a resignation from an employee who quits suddenly following an emotional outburst at work. For the resignation to be valid, it must be clear and unequivocal. Most importantly, it must reflect the employee’s intention to resign.

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Court rules employees have obligation to give notice of resignation

February 28, 2016 0 COMMENTS

by Stefan Kimpton

Most Canadian employers know about their obligations to provide notice or payment instead of notice to employees when terminating their employment without cause. But what about employees? Do they also have to provide their employers with reasonable notice of their intention to quit their job? What happens if a key employee leaves suddenly without providing notice? Those issues were explored in the recent decision of Gagnon & Associates Inc. et al. v. Jesso et al., 2016 ONSC 209. read more…

Quebec employers can’t waive notice period provided by resigning employee without providing notice

October 19, 2014 0 COMMENTS

by Mohamed Badreddine

Most employers in Quebec know that under Quebec’s Act Respecting Labour Standards (ALS) and the Civil Code of Québec (CCQ), an employer who wishes to terminate an indefinite contract of employment without serious reason must provide notice or pay in lieu of notice. Employees who wish to resign must also give their employer notice of resignation.

In Commission des normes du travail v. Asphalte Desjardins inc., the Supreme Court of Canada held that when an employee gives notice of resignation, the employer cannot waive the notice period and terminate the contract of employment without providing notice or pay in lieu of notice. read more…