Employee resignation

Devil’s in the detail or employment contracts redux*: The twelve most common avoidable drafting errors

February 27, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

Employment contracts should be reviewed and revised on a periodic basis. Courts have routinely found that a contract will not be upheld or enforced unless it reflects the reality of the employment relationship.

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Court of Appeal finds employee’s “unequivocal” resignation equivocal

August 20, 2019 Devan Marr Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation.

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Court of appeal says no backpedaling allowed on employee resignation

June 18, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Is an employer allowed to “re-hire” a long term employee on new terms if they retract their resignation? According to the Ontario Court of Appeal the answer seems to be yes.

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Departing employees gone rogue

June 19, 2017 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security

The business consequences of departing employees gone rogue were recently highlighted in Prim8 Group Inc. v Tisi. In that case, an officer and director of Prim8 Group Inc. (Tisi) resigned from his employment to set up a competing business. Two days before his resignation, Tisi removed electronic equipment from Prim8’s premises, some of which contained proprietary information, and refused to return it. Shortly thereafter, another employee resigned from Prim8 without notice to join Tisi’s competing business.

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The thin legal line: Resignation vs termination #learnthelatest

April 21, 2017 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Learn the Latest at the Ontario Employment Law Conference

Has an employee who hands over his keys and company cell phone to his employer and declares “I’m done” resigned their employment? The Newfoundland and Labrador Court of Appeal has said that, in at least one case, the answer is no.

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Don’t accept a resignation too quickly

April 7, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

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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Three popular articles this week on HRinfodesk

February 2, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Employee background checks; employee resignations; and current and upcoming minimum wage.

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When a resignation isn’t really a resignation

January 24, 2017 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

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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Resignation: Best practices for employers

November 25, 2016 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

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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Wrongful resignation: Revisiting the employee obligation to provide reasonable notice

October 18, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

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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Giving your ‘two weeks’: Jesso and what constitutes reasonable notice for resignation

March 24, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The question of ‘what constitutes reasonable notice’ is one of the most frequently litigated issues in employment law. There are numerous decisions from every level of court in Ontario which discuss the obligations of an employer to provide a reasonable period of notice to dismissed employees. However, it is a relatively rare occurrence that the Court deals with the inverse – the reasonable period of notice due to an employer by an employee who resigns. While most of us are familiar with the old adage of giving your ‘two weeks’ notice, the recent decision in Gagnon may call into question the sufficiency of such short notice.

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

February 19, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

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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Danger of fixed term contract avoided

January 23, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The recent decision in Tossonian v. Cynphany Diamonds Inc. highlights the importance for both employees and employers to clearly specify the fundamental terms of an employment contract in writing including the “term” of the contract.

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How much notice of resignation must an employee provide?

December 8, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

It is a commonly held belief that employees must provide two weeks’ notice when they resign from their employment. However, this blanket statement does not necessarily reflect the applicable legal requirements. While two weeks’ notice is appropriate in many cases, some employees may be required to provide less notice, and other employees may be required […]

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