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wrongful resignation

Wrongful resignation: Revisiting the employee obligation to provide reasonable notice

The outcome in the following case is another example of why employers should think twice prior to launching wrongful resignation claims.

 

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Reasonable notice required of both employers and employees – Superior Court of Ontario

In the recent decision of Gagnon & Associates Inc. the Court reminds us that both employers and employees have the obligation to provide reasonable notice of intention to terminate the employment relationship.

 

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Resignation regrets: Employee’s failure to provide reasonable notice of departure costs him $56,116.11

When employers think of reasonable notice, they tend to be concerned with whether sufficient notice of dismissal is provided by the employer to the employee. However, an important subject that garners far less attention is what notice a departing employee must provide to the employer.

 

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Employees that wish to withdraw resignations: what to do?

Employers should never accept resignations from employees that are upset. It simply casts a “wider net of possible financial exposure” if things turn nasty. In other words, judges or juries probably won’t sympathize with the issue of resignation acceptance if the employee is genuinely and legitimately upset (not because someone misplaced their red stapler).

 

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