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ARTICLE · 27 MAY 2014

Resignations In The Workplace – When Quitting Isn’t Necessarily The End

The law with respect to determining the validity of a resignation in the workplace can seem as murky as the early summer waters of the lake at the cottage.

CanadaEmployment and HR

The law with respect to determining the validity of a resignation in the workplace can seem as murky as the early summer waters of the lake at the cottage:  in the workplace, the utterance of "I quit" may not be considered a resignation at law when further context is provided.  However, just as with water safety, it is wise to take note of the general principles and the tales of others to minimize the risks in these situations.

In that regard, the following general principles inform any discussion of a workplace resignation:

  • A resignation must be clear and unequivocal. It must objectively reflect an intent to resign, or there must be conduct evidencing such an intention.  
  • The surrounding circumstances must be reviewed to determine whether a reasonable person, viewing the matter objectively, would conclude that the employee resigned.  

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