Vacation dispute no reason to change resignation date

Employee wanted to take three weeks of vacation leading up to and including last day of work
|Canadian Employment Law Today|Last Updated: 10/02/2013

An Ontario employer should not have unilaterally changed an employee’s date of resignation when she took several vacation days following her last day of work until her stated resignation date, an arbitrator has ruled.

Rhonda Gorman was a planning data analyst for the Town of Whitby, Ont., beginning on Jan. 18, 2010. She went on maternity leave from Nov. 12, 2011 to Nov. 12, 2012. While on leave in March 2012, Gorman applied to take vacation days from Dec. 26 to Jan. 2, 2013, following statutory holidays on Dec. 24 and 25. Her request was approved.

When Gorman returned to work in Nov. 2012, she asked to carry over eight vacation days she still had outstanding, to be used in 2013. The request was approved, though she didn’t decide on any specific dates at that point.