Employer incorrectly assumes employee gave two weeks’ notice

Employee angrily said she quit but her actions afterwards indicated she didn't
|Canadian Employment Law Today|Last Updated: 07/06/2016

An Ontario employer jumped the gun when it assumed an angry employee quit her job and provided two weeks’ notice without actually confirming that was the case, the Ontario Labour Relations Board has ruled.

Patricia Kelly worked at a Harvey’s restaurant in Ontario. On Nov. 11, 2014, Kelly found out that the restaurant’s general manager was not sending her to a training program that she wanted to take. Kelly was angry about it and left the restaurant on her scheduled break, saying that she quit. However, at the end of her break she returned to the restaurant.

The general manager told the owner of the restaurant that Kelly had quit, and he indicated he wanted to hear it directly from Kelly before accepting that. When Kelly returned, the owner met with her in his office.