LAW 529 Lecture Notes - Lecture 9: Fide, Wrongful Dismissal

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

Two ways that an employment relationship can come to an end: employee resigns or retires. A letter of resignation is typically binding on the employee. There are some cases that suggest that an employee may retract a written resignation up to the time that the employer formally communicates its acceptance of the letter. Thus employers upon receiving the letter should send the employee a confirmation its acceptance of the employer"s letter as soon as possible after receiving it. Resignation must be voluntary and freely given. An employee who gives an employer notice of resignation is not legally entitled to wrongful dismissal damages. Only amounts owing to that employee would be: outstanding wages + vacation pay. Employer cannot give the person a choice or resigning or being dismissed . A court that finds that the employee resigned due to a fundamental change in her employment contract the employee will then be entitled to damages for constructive dismissal.