ADMS 3420 Lecture Notes - Lecture 7: Wrongful Dismissal, Szombathely, Objective Test
26 Jun 2018
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ADMS 3420 - Chapter 17
Termination of the Employment Contract
by the Employee (70:45)
The Test for Assessing Whether an Employee Has Resigned – A
Quit Isn’t Always a Quit
-The employee’s intention to resign must be clear and unequivocal.
oDid this employee clearly intend to quit?
-Objective test: asks whether a reasonable person of normal intelligence looking at what
happened would conclude that the employee had resigned. (Upcott v. Savaria Concord)
The Requirement for an Employee to Give an Employer Notice
of Termination
-Ontario Employment Standards Act does not require employees to provide notice to
employers.
-Common law judges imply ‘reasonable notice’ requirement, unless contract includes an
expressed requirement for EE to provide notice of termination to ER.
-Bardal factors do not guide the calculation of employee notice. Purpose of notice for EE
is different than for ER.
-What is purpose of requiring EEs to provide notice to ERs? (Tree Savers)
oSo the employers can try to find a replacement before they leave
-Notice required by EE is less predictable than amount required for ER.
Calculating Damages When an Employee Fails to Give Proper
Notice of Termination
-Damages for breach of contract requires that victim be “made whole.”
-Damages assessed based on the actual harm caused to the employer due to lack of
notice, not the decision to quit itself.
oNot training because a quit would require to pay for training whether there was
notice or not
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Termination of the employment contract by the employee (70:45) The test for assessing whether an employee has resigned a. Objective test: asks whether a reasonable person of normal intelligence looking at what happened would conclude that the employee had resigned. (upcott v. savaria concord) The requirement for an employee to give an employer notice of termination. Ontario employment standards act does not require employees to provide notice to employers. Common law judges imply reasonable notice" requirement, unless contract includes an expressed requirement for ee to provide notice of termination to er. Bardal factors do not guide the calculation of employee notice. Purpose of notice for ee is different than for er. What is purpose of requiring ees to provide notice to ers? (tree savers: so the employers can try to find a replacement before they leave. Notice required by ee is less predictable than amount required for er. Calculating damages when an employee fails to give proper.
