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resignation

While there may be damages for employee’s lack of resignation notice, there is no reliable substitute for an enforceable restrictive covenant…

A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer can expect to recover. It also underscores the value of an enforceable restrictive covenant.

 

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You can fire someone without saying so, but even “I quit” may not be a resignation

We all know that most Judges will try to protect employees when they can, as the perception is that employers have greater resources. In recent times, my firm has written about the dangers of accepting resignations too quickly and the need to allow an employee who purports to quit some time to cool down and reconsider. Another recent case adopted a similarly protection approach but in a very different context: the unintentional dismissal. While you may not have heard of this concept before, it is, apparently, a thing.

 

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Don’t accept a resignation too quickly

Imagine that you find yourself in a heated argument with one of your employees and, having apparently had enough, the employee announced that he is fed up and is done with the company. He then handed you his pass card and stormed out of the office. Can you proceed on the basis that he has resigned?

 

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When a resignation isn’t really a resignation

How do you know when an employee has quit their job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee’s apparent resignation at face value.

 

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2017 workplace resolutions and fresh starts

January is a month of resolutions, fresh starts, and goals. It’s also a good time to run away from 2016 and the upsets and surprises the year rolled out. Here are 3 lessons that 2016 taught us as we all dig in to a new year in the workplace.

 

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I take it back: Withdrawing resignation

What should you do if an employee asks to rescind his or her resignation? If you really love that employee, you say “Great! Welcome back.” But if this isn’t your favourite employee, you may have an obligation to undo the resignation anyway. In order to decide whether or not to allow them to withdraw the resignation, there are a few factors that you should consider.

 

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Resignation: Best practices for employers

Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice of termination”. This blog discusses some of the best practices for employers when handling a resignation.

 

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Harsh or “draconian” terms in employment contract not enough for unenforceability

In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, in accordance with his employment contract, when he refused to provide Money Mart with a full and final release after his termination.

 

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“Give me a raise or i’ll quit”: Has the employee resigned?

It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made in order to determine whether the employee actually resigned.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with human rights webinars, executive resignation, and registered pooled pension plans.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a violation of a last chance agreement; discrimination during the selection process; and, demotion and constructive dismissal.

 

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Can an employee be ordered to provide notice of termination?

An employee can be required to provide proper notice of resignation. Failure to do so could result in the employee paying damages to the employer.

 

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Preventing an employee from working during working notice can be constructive dismissal

In Allen v Ainsworth Lumber Co Ltd, 2013 BCCA 271, the British Columbia Court of Appeal upheld a lower court decision which held that an employer’s refusal to allow an employee to work during a purported “working notice” period constituted constructive dismissal.

 

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Deferred compensation: You can take it with you (sometimes)

Deferred compensation in the form of future bonuses, retention payments, and stock options has become a standard element of executive compensation. While there are countless variations of such plans, they are all designed to incent employees to remain with their employer, and to perform to the employee’s highest capability while he is there. In order to meet these goals, such plans will often include a deferral of the benefit once it is earned, in order to create an incentive to remain with the employer.

 

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Employee’s unsuccessful action for constructive dismissal constitutes a resignation

The New Brunswick Court of Appeal recently upheld a trial decision that by commencing an action for constructive dismissal, an employee had elected to terminate his employment relationship. In Potter v New Brunswick (Legal Aid Services Commission), 2013 NBCA 27, the appellant, Potter, appealed his dismissal of an action for constructive dismissal. The Court of Appeal found no reversible error and dismissed the appeal.

 

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