Business Law Assignment: Employee Resignation Case Study Analysis

This assignment analyzes the legal aspects of employee resignation within the context of Canadian business law, primarily focusing on the Employment Standards Act and relevant case law. The solution addresses key considerations such as the requirements for a valid resignation, the importance of clear intention, and the application of the 'reasonable person' test. It examines scenarios where an employee's conduct might be interpreted as resignation, even without explicit verbal communication, and discusses the implications for both employers and employees, including the need for notice periods and potential damages for breaches of employment contracts. The assignment references specific cases, such as Danroth v. Farrow Holdings Ltd. and Assouline v. Ogivar Inc., to illustrate legal principles and provide practical guidance on how employers should assess employee resignations and how employees should manage their departures to avoid legal repercussions. The solution emphasizes the importance of analyzing resignations from a reasonable perspective and ensuring compliance with employment standards to protect the rights and responsibilities of both parties involved in the employment relationship.

Running Head: BUSINESS LAW
BUSINESS LAW
Name of the Student:
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Author Note

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Answer One:
It is to be mentioned that employment laws in Canada do not come under federal
legislation and are thus governed by the legislation of the province in consideration. The
Employment Standards Act is the main statute that governs the relationship between employers
and employees. It is to be stated that a resignation of an employee has to be unequivocal and
clear in order for such resignation to be considered valid. A resignation of an employee must be
associated with a clear intention as held in the case Danroth v. Farrow Holdings Ltd. (2005), 47
B.C.L.R. (4th) 56 (C.A.).
Answer Two:
It is to be mentioned that a test of reasonability is to be applied to assess whether a
reasonable person would have understood that the statements and actions of the plaintiff indicate
valid resignation as held in the case (Assouline v. Ogivar Inc., [1991] B.C.J. No. 3419 (S.C.)
(Q.L.). The following conduct may constitute valid resignation;
 If the plaintiff does not provide proof of medical evidence despite being on sick leave
 Plaintiff’s failure of returning to work after emotional outburst
 The failure on the part of the plaintiff o meet the defendant and have a discussion about
solving the dispute
Answer Three:
It is to be mentioned that just like an employer who terminates the employment of an
employee by giving a reasonable notice period and providing such employee with a reasonable
ground of termination, it is the duty of employees to give a notice to the employers about their

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decision of resigning. Failing to give such notice prior to resigning makes the employer eligible
to claim damages from the employee. It is to be said that resigning without giving a notice is
itself a breach of terms of the employment contract however for an employer to claim damages
from the employee; such employer must prove the damage sustained by him due to the same as
held in the case Consbec Inc. v. Walker.
Answer Four:
In the given scenario it is to be mentioned that Jonas had returned his batch and removed
his belongings from the workstation. He did not turn up for work in the following week. It is to
be stated that resignations must be evaluated from the perspective of a reasonable person. And
for a resignation to be valid there must be clear statement and intention of the employee who is
resigning as held in the aforementioned Danroth v. Farrow Holdings Ltd case. Thus in this
scenario it can be stated that the Jonas had not stated that he wished to resign or indulged in any
conduct that could amount to resignation. He had unfairly dismissed.
Answer Five:
Thus after analyzing the facts of the chosen case study and applying the legal case study
it an be stated that employers need to be analyze the resignation of employees from a reasonable
perspective. They must ensure that the conduct of the employee who has given the resignation
must comply with conduct which is considered to amount to resignation. Employees who resign
must also ensure that they give a prior notice of resigning otherwise they might be required to
pay damages to the employers, if the employer sustains any damages due to the same. Employee
are entitled to normal pay and leaves during the course of the notice period.

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Reference List:
Assouline v. Ogivar Inc., [1991] B.C.J. No. 3419 (S.C.) (Q.L.)
Danroth v. Farrow Holdings Ltd. (2005), 47 B.C.L.R. (4th) 56 (C.A.).
Employment Standards Act, 2000, S.O. 2000, c. 41
Consbec Inc. v. Walker, 2016 BCCA 114

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