In Nagpal v. IBM Canada Ltd. (Ont CA, 2021) the Court of Appeal succinctly states the test for abandonment of employment:
[32] The test for abandonment by contrast, is whether the statements or actions of an employee, viewed objectively by a reasonable person, clearly and unequivocally indicate an intention to no longer be bound by the employment contract and, in particular, the implied term of every employment contract that the employee must attend work unless excused or unable: Betts v. IBM Canada Ltd., 2015 ONSC 5298, 2016 C.L.L.C. 210-003 (“Betts (ONSC)”), at para. 57, aff’d 2016 ONSC 2496, 31 C.C.E.L. (4th) 60 (Div. Ct.) (“Betts (Div. Ct.)”); Pereira v. The Business Depot Ltd., 2009 BCSC 1178, at para. 29, rev’d on other grounds, 2011 BCCA 361, 20 B.C.L.R. (5th) 295.
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