Simon's Megalomaniacal Legal Resources

Employment - Resignation

. Nagpal v. IBM Canada Ltd.

In Nagpal v. IBM Canada Ltd. (Ont CA, 2021) the Court of Appeal succinctly states the test for resignation from employment:

[31] As the motion judge observed, resignation must be clear and unequivocal. The evidence must objectively reflect an intention to resign, through words or conduct. Context is important. The totality of the circumstances must be considered: Kieran v. Ingram Micro Inc. (2004), 2004 CanLII 4852 (ON CA), 189 O.A.C. 58 (C.A.), at para. 27.

. Muise v. Mark Wilson’s Better Used Cars Limited

In Muise v. Mark Wilson’s Better Used Cars Limited (Div Ct, 2021) the Divisional Court considered the standard for an employment resignation:

[22] A resignation from employment must be clear and unequivocal and in order for a court to have found that an employee has resigned, there must be evidence of an intention to resign followed by an action consistent with that intention: Kieran v. Ingram Micro Inc. (2004) 2004 CanLII 4852 (ON CA), 32 ACWS (3d) 706 at para 32.