The Halton District Catholic School Board posted a job advertisement for a contract position. The applicant replied to the advertisement, and when he was not selected for the position he filed a complaint at the Human Rights Tribunal of Ontario alleging discrimination on the ground of creed.
Your job is to decide whether any or all of these proposals is capable of acceptance or must be rejected as containing a material defect. You know the basic principles: the difference between Contract A and Contract B, the implied term in Contract A that only a compliant proposal is capable of acceptance, and that the test for compliance is ‘substantial compliance’.
When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability benefits were denied amounted to voluntary resignation or abandonment of employment.
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