Employee has to form “intention to quit” to count as resignation

|Canadian Employment Law Today

Gilbert and Tandet Transport Inc., [2002] C.L.A.D. No. 196 (Canada Labour Arbitration)

Gilbert filed a complaint with HRDC under the Canada Labour Code against his former employer for failure to pay termination and severance pay in accordance with the act.

At first, an inspector appointed by HRDC found in favour of the employer after conducting an investigation into the matter. The employer’s position was no termination or severance pay was owing to Gilbert because he was not dismissed from his job but rather he had quit due to his failure to return to work subsequent to a recall notice.