Wrongful dismissal damages for employee fired after fire upheldAppeal court’s decision reminds employers a prolonged absence is not necessarily a resignationBy Nikolay Chsherbinin03/23/2011|Canadian Employment Law Today|Last Updated: 03/23/2011 A resignation is matter of substance, not form. To constitute a valid resignation, there must be unequivocal evidence supported by conduct consistent with an employee’s intention to voluntary resign her employment. The employee’s conduct before and after the supposed resignation is relevant in making the determination. A recent British Columbia Court of Appeal decision, Beggs v. Westport Foods Ltd., serves as a useful reminder that employers who jump to the conclusion that an employee has resigned, without inquiring into reasons for the employee’s prolonged absence, do so at their economic peril. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.