Five-week vacation ends with dismissal

|Canadian Employment Law Today

When Ron Giancola stopped working as the manager at the Da Vinci Banquet Hall and Restaurant, there was an issue as to whether he had quit or whether he was dismissed from his employment. Mr. Giancola took the view that he was dismissed and brought an action against Da Vinci’s for wrongful dismissal.

In defending against the wrongful dismissal action, Da Vinci argued that Mr. Giancola quit, or alternatively that Mr. Giancola’s employment was terminated for cause.

The termination of Mr. Giancola’s employment with Da Vinci (whoever initiated it) was the culmination of events that began in the summer of 1998. During that time Mr. Giancola took a five-week vacation. He purchased the tickets for his vacation on the day he left and informed Da Vinci’s of his plans approximately one hour before his departure.