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ARTICLE · 14 MARCH 2012

The HR Space: "I Quit": Risks Of Assuming This Means Resignation

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A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it's hard to know when an employee has really quit, at least in the eyes of the courts.

CanadaEmployment and HR
Kyla Stott-Jess
Kyla Stott-Jess
Gulu Punia
Gulu Punia
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A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it's hard to know when an employee has really quit, at least in the eyes of the courts. And it can be expensive when you get it wrong.

Taking Cues from the Previous Pattern of the Employment Relationship

In Haftbaradaran v. St. Hubertus Estate Winery Ltd. (PDF) at first glance it appeared clear the employee quit. After a dispute, the employee placed his keys on his boss' desk, shook his hand and wished him luck with his business. He gathered his personal effects and walked out. Despite this, the BC Supreme Court disagreed with the employer's conclusion that Haftbaradaran had quit.

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