It can be surprisingly difficult for an employer to rely on
statements such as "I quit" to establish that an employee
resigned, particularly if the employee later indicates that they
want to return to work. Courts require proof of a clear intention
to resign in order to find that an employee terminated their
employment. While the statement "I quit" may seem clear,
courts will inquire into the circumstances in which the statement
was made in order to determine whether the employee actually
resigned.
A recent decision from the Nova Scotia Court of Appeal provides
useful guidance on the law of employee resignations. In Kerr v
Valley Volkswagen, 2015 NSCA 7, Kerr worked as a parts manager
for Valley Volkswagen. Kerr gave the employer an ultimatum to
either raise his salary by $100 per week or else he would quit. The
employer waited three weeks to see if Kerr would change his mind,
and when he did not they accepted his resignation. Kerr then
brought a wrongful dismissal
