Following a confrontation with another employee, Barry Upcott stormed into the human resources office at work and suddenly proclaimed that he was finished at his job. When he then handed in his keys and swiftly left the premises his employer, Savaria Concord Lifts, believed that Upcott had resigned.
When Parmjit Gill left the Concord, Ontario offices of A&D Precision Ltd. after a confrontational meeting with his boss, he did not think it was because he had just resigned, but rather, he assumed he had been fired. The court decided otherwise.
When Jantsje Beggs’ mobile home was destroyed by a fire, she did not think this would also cost her her job. Beggs had not been formally terminated, and she assumed she had not resigned either. Her employer assumed otherwise.
Employees and employers make all types of wrong assumptions about the law. Seldom do their “perceived” rights exist. Often they rely on rules that have long been rejected by the courts and legal doctrines that are now invalid. Sometimes they are just steered wrong by their lawyers.
Few have heard of a lawsuit for wrongful resignation. Once thought to be a remote claim, there are cases that have found their way to the courts in recent years and awakened the prospects of companies looking to recover damages caused by an employee who departs without giving a sufficient warning or even a good bye.
Canadian employees have no right to severance pay if voluntarily leaving their job. They may claim this is unfair – but not so fast: the laws of resignation generally work in their favour.
A true resignation is a voluntary action. Plain and simple.
Although there may be an intention to leave, courts will not construe that intention as a “resignation” unless it is acted upon and is unmistakable.
Employees and employers make all kinds of wrong assumptions about the law. Seldom do their “perceived” rights exist. Often they rely on rules that have long been rejected by the …
The law of resignation is often misunderstood. In order to be a true resignation, the employee must actually and unequivocally resign. Often it is difficult to accuse an employee of …
Last February U.S. Judge Robert Somma was arrested and charged with driving while intoxicated. Clad in a women’s dress, stockings, and pumps, his arrest led to much media scrutiny. Two …
