Resignation and rehire not continuous employment

Ontario employee resigned, was rehired and then dismissed; Not entitled to notice based on entire length of service
By Ronald Minken
|Canadian Employment Law Today|Last Updated: 08/14/2019
credit: hxdbzxy/SHUTTERSTOCK


Employers must recognize an employee's full term of service when providing reasonable notice of termination, unless there is a significant interruption in that service. But as one recent Ontario case shows, the notice entitlement can be less if the employee resigned at one point — even if the employee never actually left.

An employee’s resignation may impact the length of notice she receives if the employee is rehired by the same employer. The Ontario Court of Appeal considered the effect of an employee’s resignation and re-employment by the same employer in a wrongful dismissal case.