‘I’m out of here’ not a resignation: Court

Employee's outburst likely referred to impending vacation; employer didn't verify before sending out record of employment
|Canadian Employment Law Today|Last Updated: 12/14/2011

An employee for a British Columbia company did not resign when he said, “I’m out of here” and handed over his computer and keys, the B.C. Supreme Court has ruled.

Rashid Balogun, 49, was hired by accounting firm Deloitte & Touche to be a tax manager at its Prince George, B.C., office in October 2005. Though Balogun was licensed as a certified public account in the United States, he did not have the equivalent licence in Canada. Because of this, Deloitte & Touche didn’t consider Balogun to be fully qualified to be a tax manager, but it expected he would grow into the position. It was agreed that Balogun would take a two-year tax course, at Deloitte & Touche’s expense, while he worked. The course began in the fall of 2006, as Balogun was hired too late to start the course in 2005.

After six months, Deloitte & Touche conducted a standard performance review, which was designed to determine what kind of adjustment, if any, should be made to Balogun’s salary. The firm felt Balogun’s performance needed improvement and did not warrant a raise. Balogun was told he had not met expectations and any raise would be based on performance, not simply for being with the firm for six months. Balogun was told if he improved his performance, his salary might be reviewed in another six months. Balogun felt this was a negotiating tactic and hoped to convince management at another meeting that he deserved a raise.