Nurse claims resignation was misdiagnosed

Nurse resigned from hospital to take a temporary position under the impression she could still work there on a casual basis
|Canadian Employment Law Today

This instalment of You Make the Call features a dispute between a nurse who was looking to take on a temporary position and the hospital that believed she resigned from her regular position.

Helen Lukianchuk was working in a full-time nurse position in the operating room (OR) at Woodstock General Hospital in Woodstock, Ont., when she applied for a job share position in the hospital’s obstetrics unit. She got the job in September 2005 and she left her OR position to take the new job, which was a part-time position in which she shared duties with another nurse. The two of them divided the hours of work between themselves on their own. She told her manager in the OR she would be available to work some casual shifts in the OR and subsequently did so occasionally.

In January 2007, Lukianchuk was offered a temporary position with the local public health unit from February to October 2007. The work was related to her job in the obstetrics unit and she felt the experience would increase her knowledge and skills. Lukianchuk asked for a leave of absence but it was denied. Her manager told her she had a choice to quit her position or “go casual.” Lukianchuk took this to mean if she resigned her job share she would have a casual position, which would give her time to work in the temporary job.