Difference between revisions of "Employment Law Issues (9:V)"

Employment Law Issues (9:V) (view source)

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 Not all resignations are resignations, and not all dismissals are dismissals. The legal test is what a reasonable person would have understood by the relevant statements and actions, taking into consideration the context of the particular industry, and all surrounding circumstances.
-To be effective, resignation must be clear and unequivocal. There must be a clear statement of an intention to resign, or conduct from which that intention  would clearly appear. See ''Koos v A & A Customs Brokers Ltd.'' (2009 BCSC 563).
+To be effective, a resignation must be clear and unequivocal. There must be a clear statement of an intention to resign, or conduct from which that intention  would clearly appear. See ''Koos v A & A Customs Brokers Ltd.'' (2009 BCSC 563).
 For example, harassment at work may cause the employee to be unable to continue working and this might cause them to resign; in cases such as these, additional research should be done to determine whether the situation should be considered a resignation or a dismissal.