When does a resignation really mean goodbye?

Three recent decisions suggest employment relationship doesn’t always come to an end
By Sundeep Gokhale and Thomas Gorsky
|Canadian HR Reporter|Last Updated: 11/17/2019

Employers often assume receiving a notice of resignation creates a clean break in the employment relationship. However, as three recent decisions from the Court of Appeal for Ontario suggest, the fact an employee has “resigned” doesn’t always mean the employment relationship has come to an end, nor that the employer is absolved from any further liability.

English v Manulife Corporation: Resignation must be “clear and unequivocal”

In this 2019 decision, the Court of Appeal admonished the employer for enforcing what the court saw as a tentative resignation, and then resiling from a promise to allow the employee to “change her mind.”