A common argument that arises between employers and employees is
one of “resignation vs dismissal”. This is
especially true where there has been a dispute between the employee
and a supervisor and the employee either leaves or is sent
home. Often this is accompanied by the employee saying
“I quit” in the heat of battle – in those cases,
we know that the courts have allowed a “cooling off
period”, where the employee can rescind their ostensible
resignation without the employer being able to rely on such a
statement as proof that the employment relationship is ended.
But what about where the employer sends the employee home and they
react after being sent home in some way?
A recent decision of the British Columbia Supreme Court
addressed that very scenario. In Coutlee v. Apex Granite & Tile
Inc. an employee was sent home after an
altercation with a supervisor and never returned, leaving the Court
to determine whether the employee quit his employment or
