Difference between revisions of "Employment Law Issues (9:V)"
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=== 2. Duty to give reasonable notice of resignation (wrongful resignation) === | === 2. Duty to give reasonable notice of resignation (wrongful resignation) === | ||
An employee must give their employer reasonable notice if they are resigning. “Reasonable notice”, in the case of resignations, is much shorter than the notice that employers must give to employees who are being dismissed. Although giving two weeks’ notice is the usual practice, the courts may require more or less than that amount, depending on the employee’s responsibilities. | An employee must give their employer reasonable notice if they are resigning. “Reasonable notice”, in the case of resignations, is much shorter than the notice that employers must give to employees who are being dismissed. Although giving two weeks’ notice is the usual practice, the courts may require more or less than that amount, depending on the employee’s responsibilities. In rare cases, employers can be awarded damages against employees who do not provide sufficient notice of resignation; see Gagnon & Associates Inc. et. al. v Jesso et. al., 2016 ONSC 209, https://canlii.ca/t/gmvlz.. | ||
In theory, an employee could be held liable for the profits that their continued employment would have generated for the employer during the reasonable notice period. However, this is generally only of concern if the employee generates significant profits for the employer. For further details, see RBC Dominion Securities Inc v Merrill Lynch Canada Inc, 2008 SCC 54. | |||
=== 3. Competition against the employer === | === 3. Competition against the employer === | ||