Notice of resignation

Requiring employee to give more notice of termination of contract
By Colin Gibson
|Canadian Employment Law Today|Last Updated: 04/17/2012

Question: Can an employment contract require an employee to provide more resignation notice than the termination notice the contract requires the employer to give? Is there any reference to notice of resignation in employment standards legislation anywhere?

Answer: Generally, just as an employer must provide an employer with reasonable notice of a dismissal without cause, an employee must give also reasonable notice of her intention to resign from employment, unless the employee has just cause for resigning (constructive dismissal) or the employment contract deals with the matter expressly. As the Ontario General Division court stated in Sure-Grip Fasteners Ltd. v. Allgrade Bolt & Chain Inc.:

“An employee is obligated by law to give reasonable notice of termination to his or her employer, even absent a written contract of employment. If the resignation is voluntary, the notice to which the employer is entitled becomes a matter of law, not merely a matter of conscience or responsibility on the part of the employee.”