Employment Laws In Canada

Employment Laws In Canada

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Employment Laws In Canada

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Employment Laws In Canada

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1. What laws apply to the business relationship regarding employee resignation? 
2. What factors should be taken into consideration when assessing an apparent resignation?
3. What do you feel the employee would be entitled to in terms of damages? State both the employee’s and the employer’s position on damages.
4. What do you feel would be the likely outcome of this case?
5. What is the takeaway for businesses in the scenario?

1.It is to be mentioned that employment laws in Canada do not come under federal legislation and are thus governed by the legislation of the province in consideration. The Employment Standards Act is the main statute that governs the relationship between employers and employees. It is to be stated that a resignation of an employee has to be unequivocal and clear in order for such resignation to be considered valid. A resignation of an employee must be associated with a clear intention as held in the case Danroth v. Farrow Holdings Ltd. (2005), 47 B.C.L.R. (4th) 56 (C.A.).
2.It is to be mentioned that a test of reasonability is to be applied to assess whether a reasonable person would have understood that the statements and actions of the plaintiff indicate valid resignation as held in the case (Assouline v. Ogivar Inc., [1991] B.C.J. No. 3419 (S.C.) (Q.L.). The following conduct may constitute valid resignation;
If the plaintiff does not provide proof of medical evidence despite being on sick leave
Plaintiff’s failure of returning to work after emotional outburst
The failure on the part of the plaintiff o meet the defendant and have a discussion about solving the dispute
3.It is to be mentioned that just like an employer who terminates the employment of an employee by giving a reasonable notice period and providing such employee with a reasonable ground of termination, it is the duty of employees to give a notice to the employers about their decision of resigning. Failing to give such notice prior to resigning makes the employer eligible to claim damages from the employee. It is to be said that resigning without giving a notice is itself a breach of terms of the employment contract however for an employer to claim damages from the employee; such employer must prove the damage sustained by him due to the same as held in the case Consbec Inc. v. Walker. 
4.In the given scenario it is to be mentioned that Jonas had returned his batch and removed his belongings from the workstation. He did not turn up for work in the following week. It is to be stated that resignations must be evaluated from the perspective of a reasonable person. And for a resignation to be valid there must be clear statement and intention of the employee who is resigning as held in the aforementioned Danroth v. Farrow Holdings Ltd case. Thus in this scenario it can be stated that the Jonas had not stated that he wished to resign or indulged in any conduct that could amount to resignation. He had unfairly dismissed.
5.Thus after analyzing the facts of the chosen case study and applying the legal case study it an be stated that employers need to be analyze the resignation of employees from a reasonable perspective. They must ensure that the conduct of the employee who has given the resignation must comply with conduct which is considered to amount to resignation. Employees who resign must also ensure that they give a prior notice of resigning otherwise they might be required to pay damages to the employers, if the employer sustains any damages due to the same. Employee are entitled to normal pay and leaves during the course of the notice period.
Reference List:
Assouline v. Ogivar Inc., [1991] B.C.J. No. 3419 (S.C.) (Q.L.)
Danroth v. Farrow Holdings Ltd. (2005), 47 B.C.L.R. (4th) 56 (C.A.).
Employment Standards Act, 2000, S.O. 2000, c. 41
Consbec Inc. v. Walker, 2016 BCCA 11

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