No resignation but employer off the hook for notice

Employee didn’t resign but insubordinate accusations were serious enough to warrant just cause for dismissal: Court
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 06/29/2011

Giving just cause instead of quitting

When there is strife between an employee and management, this can lead to an unworkable situation that may end the employment relationship.If the relationship ends, there can be further dispute over who actually ended it —did the employee resign or did the employer fire her?

The bar is set high for proving a resignation and in many cases, though the employer may have accepted a resignation, there actually wasn’t one. If it turns out to be a termination, the employer is on the hook for pay in lieu of reasonable notice. But even if the employer is the one who terminated the employment, it may be that the employee was the one who made the employment relationship unworkable and gave the employer just cause for dismissal.