resignation

Notable cases of 2019

January 8, 2020 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

employment law, forced retirement, harassment, infliction of mental distress, notice period, resignation, retirement, terminated without cause

Employee has right to change mind about resignation: ONCA

November 19, 2019 Sean Bawden Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment?

employment law, resignation, retirement, training, wrongful dismissal

Resignations: employers saddled with burden to investigate

September 25, 2019 Devan Marr Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

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.

employment law, frustration of contract, older employees, older long service employees, resignation, Return to work, short-term disability, voluntary resignation

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.

Employee resignation, employment law, notice of resignation, resignation, unequivocal resignation

Changing one’s mind about retirement

September 25, 2018 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources

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?

contract law, Dismissal, employment law, resignation, retirement, termination

While there may be damages for employee’s lack of resignation notice, there is no reliable substitute for an enforceable restrictive covenant…

May 30, 2017 Employer Advisor, McCarthy Tétrault LLP 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

A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer can expect to recover. It also underscores the value of an enforceable restrictive covenant.

Consbec Inc. v. Walker, employment law, Notice, post-employment competition, resignation, resignation notice

You can fire someone without saying so, but even “I quit” may not be a resignation

May 5, 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, Union Relations, Wages and Compensation

We all know that most Judges will try to protect employees when they can, as the perception is that employers have greater resources. In recent times, my firm has written about the dangers of accepting resignations too quickly and the need to allow an employee who purports to quit some time to cool down and reconsider. Another recent case adopted a similarly protection approach but in a very different context: the unintentional dismissal. While you may not have heard of this concept before, it is, apparently, a thing.

Dismissal, employee quits, employment law, Evans v. Avalon Ford Sales (1996) Ltd., resignation, Sweeting v. Mok, unintentional dismissal

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?

confirmation of resignation, employee quits, Employee resignation, employment law, Evans v. Avalon Ford Sales (1996) Ltd., resignation, test for resignation

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.

Employee resignation, employment law, Johal v Simmons da Silva LLP, resignation

2017 workplace resolutions and fresh starts

January 11, 2017 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

January is a month of resolutions, fresh starts, and goals. It’s also a good time to run away from 2016 and the upsets and surprises the year rolled out. Here are 3 lessons that 2016 taught us as we all dig in to a new year in the workplace.

Bereavement Leaves, disruptive employees, employment contract, employment law, resignation, workplace, workplace departures

I take it back: Withdrawing resignation

December 1, 2016 Employer Advisor, McCarthy Tétrault LLP 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

What should you do if an employee asks to rescind his or her resignation? If you really love that employee, you say “Great! Welcome back.” But if this isn’t your favourite employee, you may have an obligation to undo the resignation anyway. In order to decide whether or not to allow them to withdraw the resignation, there are a few factors that you should consider.

employee who quits in the heat of the moment, employment law, Quitting a job, resignation, withdraw resignation, Withdrawing resignation, wrongful dismissal, wrongful dismissal claim

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.

Employee resignation, employment law, notice of resignation, reasonable notice, resignation, voluntary resignation

Harsh or “draconian” terms in employment contract not enough for unenforceability

December 11, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, in accordance with his employment contract, when he refused to provide Money Mart with a full and final release after his termination.

employment contract, employment law, full and final release, pay in lieu of notice, recover his bonus for the year, resignation, termination and limitation clauses, termination provision

“Give me a raise or i’ll quit”: Has the employee resigned?

February 9, 2015 Alison J. Bird Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

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.

contract law, employment contract, employment law, Give me a raise or i’ll quit, Job offer, Kerr v Valley Volkswagen, objective intention to resign, resignation, retracted offer to resign, Return to work, terminate the employment relationship, wrongful dismissal action