Say you're an employer facing the prospect of being
overstaffed. Some managers have recently left your employ but their
support staff remain. You meet with one of your employees to
discuss some upcoming changes to their job description in light of
this impending overstaffing. They are upset by these changes, but
the meeting ends and you think nothing more of it. The next day,
the employee comes into work, packs up their things and walks out
the door. You hear nothing from them for days. They've quit,
right?
As my colleague Jennifer Costin previously discussed in her post
Does "I Quit" really mean "I Quit"?, even
in the circumstances described above, employers can have a hard
time confirming an employee's resignation if that employee has
not clearly stated their intentions. This once again rang true in
the Superior Court's recent decision in Johal v Simmons Da Silva
LLP.1
