Employee’s Refusal to Work Not Wrongful Dismissal

If an employee leaves work and refuses to return until certain demands have been met, and if the employer is unwilling to meet those demands, has the employee been fired, has she quit, or what happened?

In Anderson v. Total Instant Lawns Ltd., 2021 ONSC 2933 (CanLII), Madam Justice Julianne Parfett of the Ontario Superior Court held that the employee had not been fired; her own actions had repudiated the contract.

Employee Has Right to Change Mind about Resignation: ONCA

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?

In the third in a series of decisions concerning “working resignation”, English v. Manulife Financial Corporation, 2019 ONCA 612 , the Court of Appeal of Ontario said yes.

“Boomerang” Resignation Comes Back to Hurt Employee

Does resigning from your job interrupt continuous service for statutory notice purposes – even if you never actually leave? “Yes” says Ontario’s top court in the case of Theberge-Lindsay v. 3395022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469

Changing One’s Mind about Retirement

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?

Those were the questions answered by the Honourable Justice Mark L. Edwards of the Ontario Superior Court of Justice in English v. Manulife Financial Corporation, 2018 ONSC 5135 (CanLII)

Voluntary Resignation Results in Forfeiture of Bonus: ONSC

“Got to pack my, things and go / Move fast not slow / That dog is mine.” Those are the opening lyrics to the song “The Dog is Mine” by Canadian rapper k-os. It’s a catchy song.

Those lyrics provide a great introduction not only to “The Dog is Mine”, they also provide a great introduction to the subject of whether an employee who voluntarily resigns from his employment is entitled to an earned but not yet paid incentive bonus.

In Bois v MD Physician Services Inc., 2016 ONSC 8133 (CanLII), the Honourable Justice Sylvia Corthorn of the Ontario Superior Court of Justice was tasked with answering the following legal question: If an employee is entitled to earn a bonus payment pursuant to the terms of a written employment contract, but a requirement of that employment contract - and a material condition precedent to the actual payment of the bonus - is that the employee must be “actively employed” on the date that the bonus payment is to be made by the employer, is the employee nonetheless entitled to the receipt of the earned but not yet paid bonus payment if he voluntarily resigns from his employment prior to the date on which the bonus payment is made? Put another way, can you still get your bonus if you quit before it's paid to you?

Resignation Does Not Relieve Employer of Statutory Obligations - Supreme Court of Canada

If an employee provides notice of his intention to resign on a future date, can his employer legally terminate his employment (i.e. fire him) before that date and not pay him? In a case concerning Quebec labour laws, Quebec (Commission des normes du travail) v. Asphalte Desjardins inc., 2014 SCC 51 (CanLII), the Supreme Court of Canada has said “non”.

Ontario court forces BlackBerry executive to work out notice period... or did it?

"Ontario court forces BlackBerry executive to work out notice period." That was the headline of an article posted earlier this week by the Financial Post (article here,) following the decision of the Ontario Superior Court in the case of BlackBerry Limited v. Marineau-Mes, 2014 ONSC 1790 (CanLII). While the case is likely subject to appeal in any event, it is important to note exactly what it is that the court ordered Mr. Marineau-Mes to do and how the case came to be.

I quit! ... Just kidding!

Can you ‘joke’ about quitting your job? Yesterday was April Fools' Day. It also saw embattled Senator Patrick Brazeau tweet “I will step down from my position!” Later adding “Official annoucement tomorrow at 10am.” He was kidding.

But, the question remains, can 'regular' working people joke about quitting?

Just Cause and Butt For

The expression “but for” is commonly used in the law. Usually “but for” is used in the context of causation analysis, that is, “but for” x, y would not have happened. However, butts (with two "t"s) are used for other things; like mooning.

Jason Selch has cojones, and given his actions it is possible that his employer has seen them. If readers have not already figured matters out, Mr. Selch mooned the board of his employer during one of their meetings. He was subsequently fired for just cause. His claim was dismissed on summary judgment by the circuit court of Cook County, Illinois. Mr. Selch appealed and reasons for decision were released at 2011 IL App (1st) 111434.

This post will consider Mr. Selch’s actions and the court’s decision.

I quit! You sue?

There are several ways to become “suddenly unemployed;” one of the ways not frequently canvassed in the employment law realm is that of voluntarily resignation. Although many are familiar with the concept of “wrongful dismissal,” the concept of “wrongful resignation” is much less frequently considered.

The first thing to observe with respect to resignation is that nowhere within the Ontario Employment Standards Act, 2000 will one find the legal requirement for an employee to provide two weeks’ notice of resignation. In fact, the word “resignation” barley appears within that law. This fact may lead some to believe that there is no duty to provide any notice of resignation; like many assumptions about the law, that belief may be incorrect.