"Employers should always ensure that a resignation is clear and unequivocal, especially if it occurs "in the heat of the moment". "
A recent decision of the Ontario Superior Court of Justice - Johal v Simmons da Silva LLP (PDF), - should serve as a reminder that employers ought to exercise caution before accepting a resignation from an employee who quits suddenly following an emotional outburst at work. Saying "I quit" or storming out of the workplace is not always enough. For the resignation to be considered sincere, it must be clear and unequivocal. Most importantly, it must reflect the employee's intention to resign.
Facts
The Plaintiff, Rajinder Johal, worked as a senior family law clerk at Simmons da Silva LLP, a law firm, for 27 years. On June 3, 2015, a partner of the firm called Ms. Johal in for a meeting. During this meeting, Ms. Johal was informed of certain changes that were to be made to the family law group. At the time, the family law group consisted of four lawyers, three senior law clerks, including Ms. Johal, and two junior law clerks. Ms. Johal was told that one of the lawyers was resigning and that one of the senior law clerks would soon be returning to work from a parental leave. According to Ms. Johal, she was also told that she would now be reporting to this other senior law clerk and that her work would be assigned to her by this other law clerk. Suffice it to say, Ms. Johal was not at all impressed.
The next morning (June 4, 2015), Ms. Johal removed all of her personal belongings from the office. She went to see the partner who had spoken with her the day prior, gave him her security pass and walked out of the office. She did not return to work on Friday, June 5, 2015 or on Monday, June 8, 2015. She did not contact any partner of the firm or the human resources department.
Soon thereafter, the employer mailed a letter to Ms. Johal accepting her resignation and confirming that it was effective as of June 8, 2015 at 5:00 p.m.
On June 9, 2015, Ms. Johal wrote an email to her employer asking to withdraw her notice of resignation. The employer refused on the basis that it had relied on Ms. Johal's resignation. Specifically, the employer said they had already (i) notified a probationary junior law clerk that her employment was secure, (ii) advised clients about Ms. Johal's departure, and (iii) advised the other staff members that Ms. Johal had resigned. The employer was concerned that rehiring Ms. Johal would encourage other employees of the firm to resign without notice as they would not be subject to any repercussions for such actions.
Article Spotted by: Kathryn Benson
Written by : Stefan Kimpton /Faskin Martineau
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