LAW 529 Study Guide - Final Guide: Wrongful Dismissal, Objective Test, Intimate Relationship
7 Nov 2017
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Sept 28, 2017: burden on employer to show court that employee failed to mitigate loss by, making a reasonable effort to look for a new job. ii. Salary should be same and working conditions similar. The test for assessing whether an employee has resigned. The employee"s intention to resign has to be clear and unequivocal. Objective test asks whether a reasonable person looking at what happened would conclude that the employee had resigned. Resign or be dismissed; constructive dismissal = no choice. To ensure that resignation is binding, er should therefore accept it in writing. Upcott v savaria concord lifts inc . Where an emotionally upset and angry employee exclaims i quit , this may not constitute a valid resignation. The onus is on employer to not accept such spontaneous declaration. The employer should allow employee to calm down. The requirements for an employee to give an employer notice of termination.
