LAW 529 Chapter Notes - Chapter 12: The Resignation, The Employer, Condonation
30 Dec 2019
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Resignation and retirement/ dismissal with a just cause. The end of the employment relationship: common law predominates. The critical concepts of just cause and reasonable notice are determined by judicial precedent: minimal statutory intervention. Exceptions are minimum statutory notice and, for certain employees, statutory severance under the employment standards act (esa). It is extremely difficult to dismiss an employee with just cause. The onus is on the employer to prove just cause for termination. The courts generally are reluctant to find just cause. There are rarely any legal consequences for not doing so. The resignation must be voluntary, clear and not ambiguous: ref. decisions in pollock v. first heritage financial planning ltd. ; and gilbert and tandet. Transport inc. , p. 369 (employer laid him off, and then later told him if he doesn"t come back he will be treated as if he resigned, courts said that doesn"t make sense)
