HROB 3050 Lecture Notes - Lecture 12: Ageism, Wrongful Dismissal

• School: University of Guelph
• Department: Human Resources and Organizational Behaviour
• Course: HROB 3050
• Professor: Rhonda Gordon

Document Summary

Good practice for an employer who wishes to accept the letter of resignation to send a letter to the employee confirming its acceptance of the employee"s letter of resignation. Prevents employee from changing their mind after submitting a letter of resignation. An employee who gives an employer notice resignation is not legally entitled to wrongful dismissal damages. Only amount owing to employee are outstanding balances/vacation pay. If an employer gives an employee a choice between resigning or being dismissed, courts usually find the resignation is not voluntary. Resignation may be assumed based off an employee"s conduct. Ex) handing in keys and uniform or tells coworkers they aren"t coming back, the employer may conclude that employee has resigned. Courts will not infer resignation when an employee"s words are vague. Ex) employee tells employer she plans to leave as soon as she can or that she is looking for another job and cannot wait to leave.