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ARTICLE · 28 NOVEMBER 2011

What Does It Take To Quit Your Job?

In a recent British Columbia decision, the question before the court was whether an employee who stormed out of a meeting saying "I’m out of here!" was expressing an intention to quit, or an intention to go on vacation.

CanadaEmployment and HR
Christian Vernon
Christian Vernon

In a recent British Columbia decision, the question before the court was whether an employee who stormed out of a meeting saying "I'm out of here!" was expressing an intention to quit, or an intention to go on vacation.

What was at stake for the employee in Balogun v. Deloitte & Touche, LLP, 2011 BCSC 1314 was his entitlement to reasonable notice. If it was determined that he quit, he would not be entitled to any notice, but if he was dismissed, either constructively or formally, then he would be entitled to notice.

The trial judge considered the conversation that transpired prior to Mr. Balogun stating, "I'm out of here!" There was a meeting between Mr. Balogun and his supervisors wherein concerns were expressed about Mr. Balogun's work performance and attitude. According to the employer witnesses, Mr. Balogun stated that no one in the office was sufficiently qualified to review his work. When he was asked what that meant for the future, he responded with his

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