Confidence In Quitting: Surrounding Circumstances Reveal Intention

• Published date: 10 March 2021
• Law Firm: Fasken
• Author: Mr Matthew Allard

In the heat of the moment, an upset employee may resign. That does not always mean the employment relationship is ending. To be effective, a resignation must objectively reflect an employee's intention to resign. The British Columbia Supreme Court's decision in Conway v. Griff Building Supplies Ltd., 2020 BCSC 1899, provides guidance about when an employee's resignation will be effective when there is no letter of resignation.

What Happened

The employee in this case had worked for the employer for over 20 years and was a member of the senior management team.

Over the years, the employee indicated to the employer that he wanted to acquire an equity interest in the company. The employee stated several times that if the employer did not accept, he would quit his employment. The employee made a final, formal equity proposal on December 18, 2018.

A few days later, on December 21...