Does "I'm Out Of Here" Really Mean An Employee Has Quit?

Edited by Jennifer M. Fantini and Naomi E. Calla

What may initially appear to be an employee's intention to quit should be examined carefully before an employer relies upon the employee's resignation. Two recent decisions by the British Columbia Supreme Court illustrate the difficulties in determining whether an employee has truly resigned his or her employment, and if not, the costs of being mistaken.

In Haftbaradaran v. St. Hubertus Estate Winery Ltd.,¹ the employee had worked as a winemaker for the employer for approximately two years. An initial confrontation resulted in the employee handing in his keys to one of the winery owners. Then the employee had a subsequent heated discussion with the other winery owner after failing to adequately complete a task. The employee was very upset and refused to leave the owner's office as requested, alleging that he was undervalued and unappreciated. The owner became agitated and told the employee that if he was