Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.
May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?
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.