The fine line between resignation and termination

When tempers flare on both sides, it’s often tough to determine if the worker quit or was fired
|Canadian Employment Law Today

Determining if an employee quit or was fired seems like a relatively easy call to make, but case after case has proven otherwise.

A New Brunswick woman who stormed out of the office following an argument with her boss after he discovered she was setting up a competing business was originally awarded compensation in lieu of notice. But the New Brunswick Labour and Employment Board overturned that decision.

Nicole Stevenson started working for Earth Trek, a travel agency specializing in organizing trips for Christian missionaries and church groups, in February 2003. In December 2003 she went on maternity leave, returning in December 2004. Shortly after that she decided to start her own business using the name Luxus Adventures. It was designed to compete directly with Earth Trek.