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Resignation Requirements

The Ontario Court of Justice (General Division) in the case of Skidd v. Canada Post Corporation, 1993 notes that an effective resignation must be clear and unequivocal.

In the case of Beggs v. Westport Foods Ltd., 2011 BCCA 76 (CanLII) it is noted that resignation must meet the requirement of both subjective and objective tests. For example whether the employee intended to resign and whether employees actions supports that they resigned.

Employee statement not sufficient to conclude resignation “I'm out of here”
In the case of Balogun v. Deloitte & Touche, LLP, 2011 BCSC 1314 (CanLII) it was found that an employee’s comment of “I'm out of here” was not sufficient for an employer to presume the employee had resigned. Balogun Award = two month’s salary in lieu of reasonable notice of termination.

Employee statement not sufficient to conclude resignation “slap in the face”
In the case of Kieran v. Ingram Micro Inc., 2004 CanLII 4852 (ON CA) an employee (Kieran) commented on a rival getting promoted by saying, it would be a slap in the face, and would require an international transfer. The court Ontario Court of Appeal ruled that this comment was insufficient to be considered a resignation.