The outcome in the following case is another example of why employers should think twice prior to launching wrongful resignation claims.
It is not uncommon for an organization to move their offices, or to “transfer” an employee from one location to another. Sometimes, the move is across the street, while other moves are across the country or farther. What happens if an employee refuses to relocate?
The Ontario Superior Court of Justice decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs awards.
The Ontario Labour Relations Board confirmed that an employee was not entitled to any wages for a number of sick days she was absent from work. In addition, she was not entitled to notice of termination as it was determined she engaged in wilful misconduct.
The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. (In PDF)