Like any relationship, clear communication between employees and employers is fundamentally important, especially when it comes to ending the relationship.
Why a Written Resignation Is Always Safer?
For this reason, the law is clear that the party seeking to end the employment relationship must be clear and unequivocal about doing so. In the case of the employer terminating the employee, it must provide clear, unambiguous notice of doing so. Similarly, an employee’s resignation needs the same clarity.
An employer in British Columbia recently found this out the hard way. In Gent v. Askanda Business Services Ltd., 2025 BCSC 1278, an employee was discussing his potential move to a different city, and said offhand that “he might as well retire,” which his employer took to mean that he was resigning. However, the court disagreed, finding that the employee had clearly communicated his intention to retire, and found that he had in fact been wrongfully dismissed. The court wrote that the employer should have investigated the employee’s intentions to make sure he actually wanted to resign.
Rescinding Resignations: What Employers Should Know
The case illustrates the problems that unclear communication can cause, especially when employers are too quick on the draw. To avoid this situation, employers and employees should keep the following in mind:
- Generally, a written notice of resignation is best. If an employee verbally says that they want to resign, it is a good idea for the employer to try to confirm this in writing
- Resignations can be rescinded if the employer has not yet accepted it. This is often a tricky matter, as employers may claim after that fact that the resignation was accepted
- Statements made in the heat of the moment, especially in an emotional outburst, must be considered in their context. The employer generally has to come back to the employee after they have “cooled off” to make sure they know what their intentions are, and if the employee says they do not actually want to resign, it must not be interpreted as such
How can Whitten and Lublin Help?
Resignations can often be complicated matters, particularly when there is an outburst or impulsive statement that leads to miscommunication. If you are an employee who needs guidance on resignation, Whitten and Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
Author – Aaron Zaltzman
