Many employers, as a result, do insert a two-week resignation notice period in their employment contracts. employers and employees) can displace the common law requirement for an employee to provide some distant amount of “reasonable” notice by contracting at the time of hire a specific amount of notice an employee must give when he or she resigns. Notice according to an employment contractĪlternatively, parties (i.e.
At the same time, we know that few employers would sue a dishwasher for failing to give reasonable notice because the damages would be nil however, some employers may be more inclined to sue senior executives for failing to give reasonable notice. Accordingly, a senior VP of finance may owe several months of notice of her resignation whereas a dishwasher would owe significantly less notice of resignation. Consider this: It takes Burger King more time to replace a senior VP of finance than it takes to replace a dishwasher. Walker, 2016 BCCA 114 ( CanLII)).Īlthough the cases cited above dealt with, generally, salespeople (who tend to get sued more than others), we know that more senior, long-standing employees in positions of power owe more notice than junior, less tenured employees. In another case, the Britsh Columbia Court of Appeal held that an Estimator with five years service who made about $75,000 per year ought to have given one month of notice of his resignation (see Consbec Inc. In these particular circumstances, a notice period of two months would have been appropriate. In addition, Jesso knew that Comeau, the other senior salesperson would be leaving GA on the same day thereby putting GA in a significantly difficult position.
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The evidence at trial established that the market for experienced HVAC salespersons was limited and that a replacement hire could not be made until September of 2006. al., 2016 ONSC 209 (CanLII), the Ontario Superior Court held that a senior salesperson in a niche industry had to give two months notice of his resignation:Īlthough Jesso was a salesperson with no managerial responsibilities, he was a senior employee with ten years’ experience and was responsible for a significant percentage of GA’s sales. The amount of notice required of an employee when he or she resigns will be a function of that employee’s position with the employer and the time it would reasonably take the employer to replace him or her or otherwise take steps to adjust to the loss.įor example, in Gagnon & Associates Inc. How much notice do you have to give when you resign in Canada? Thus, much like how an employer owes an employee reasonable notice (or pay in lieu, which is also called severance), an employee likewise owes his or her employer reasonable notice for when he or she resigns. Wrongful dismissal is an employer’s failure to provide reasonable notice of an employee’s termination (i.e. The concept of wrongful resignation is the same as wrongful dismissal. Wrongful Resignationįailure to give to reasonable notice of a resignation is called a wrongful resignation. The main purpose of the notice of resignation is to allow the employer a reasonable time to find a replacement. If the resignation is voluntary, the notice to which the employer is entitled becomes a matter of law, not merely a matter of conscience or responsibility on the part of the employee. Div.) at pages 281-282, Justice Chapnik found:Īn employee is obligated by law to give reasonable notice of termination to his or her employer, even absent a written contract of employment.
The obligation to give reasonable notice is a general common law obligation of all employees.
The law of reasonable notice of resignation The amount of reasonable notice an employee has to give will depend on their specific circumstances, as discussed below. Rather, you have to give a “reasonable” amount of notice of your resignation, which may be more or less than two weeks’ notice. However, you don’t have to give two weeks’ notice of your resignation in Canada per se. The common law imposes a duty to provide notice of resignation on all employees. Yes, you do have to give notice of your resignation in Canada.
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