Archive for April, 2009

Negotiating Terms of Resignation Permits Employee to Recant Resignation

Tuesday, April 14th, 2009

Wells v. Conestoga Meat Packers Ltd. – Ontario Superior Court of Justice - October 25, 2007

The actions of an employer in response to an employee’s intention to resign may permit the employee to retract their resignation, thereby resulting in the employee’s termination without cause if continued to be acted upon by the employer.
 
The Ontario Superior Court of Justice’s decision on October 25, 2007 in Wells v. Conestoga Meat Packers Ltd. [2007] O.J. No. 4335 (“Wells”) highlights the importance of the interactions between an employee and an employer in determining whether an employee has unilaterally resigned or whether the employee has been terminated without cause.

In Wells, the employee signed an employment agreement with the employer to become the general manager and the head of the sales department. read more »