Forced resignation equals dismissal (Legal view)

Canadian Tire worker awarded 11 months’ pay
By Daniel Lublin
|Canadian HR Reporter|Last Updated: 02/07/2008

A Saskatchewan worker’s resignation was coerced and he was actually fired, the Saskatchewan Court of Queen’s Bench has found.

Stewart Schwindt worked at a Canadian Tire store in Regina for more than 20 years. After a three-year hiatus in the 1990s, he was asked by the new store president, Neil Sulkers, to return to be the service manager of the automotive department.

Schwindt’s employment proceeded uneventfully for the next seven years, until Sulkers became concerned with his performance and began monitoring him. Sulkers asked him for a business plan with suggestions to control wage costs and profit margins, but Schwindt failed to come up with one.