It is a relatively little-known fact to non-lawyers that just as
employers are required to provide employees with reasonable notice
of termination, employees are likewise required to provide
employers with reasonable notice of resignation. A 2016
Ontario Superior Court of Justice case has recently confirmed
same.
In the case of Gagnon & Associates Inc. v. Jesso et
al., the company sought damages from employee Barry Jesso
("Jesso") for having resigned his employment without
notice. Jesso had been employed by Gagnon & Associates
Inc. (the "Company") for 10 years and at the time of
resignation was responsible for approximately 30% of the
Company's annual HVAC sales. His colleague Patrice
Comeau, also a defendant in the litigation, was responsible for a
further 30% of the Company's annual sales. In 2006 Jesso
and Comeau approached one of the Company's competitors and
entered into an agreement with it to open a satellite office.
It was at that point that they both