Resignations not always clear-cut

Even if an employee says ‘I quit,’ the surrounding circumstances must be considered before accepting a resignation
By Claire Ellett
|Canadian Employment Law Today|Last Updated: 02/24/2010

The courts have made it very clear: an employee’s resignation must be unequivocal, taking into account all of the circumstances in which it was delivered. Otherwise, the termination is wrongful dismissal which will attract severance in lieu of notice.

The Ontario Superior Court of Justice has affirmed recent case law in British Columbia and held that if an employer wishes to rely on an employee’s resignation, it must be clear and without doubt.