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.
This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer's liability.
The Federal Skilled Worker Program will begin accepting applications as of May 4, 2013. However, Citizenship and Immigration Canada has recently reminded applicants who may be preparing to submit applications that it still expects to announce three important elements of the FSWP in April 2013, which will have a significant impact on who can apply under the program.
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