Can an employer unilaterally withdraw or amend a notice of termination?
British Columbia, Canada
The following excerpt is from Canadian Assn. of Industrial, Mechanical and Allied Workers v. Wolverine Tube (Canada) Inc., 1993 CanLII 801 (BC CA):
31 In this circumstance it was not open to the employer to amend, alter or withdraw these notices of termination unilaterally, at least in such a manner as to disturb the seniority rights reflected in the collective agreement. If, for instance, the employer purported to revoke a notice of termination of an employee of lesser service it would, I think, give rise to a grievance on behalf of the employee or employees whose rights under the collective agreement were thereby affected. See: St. Ann Nackawic Pulp & Paper v. C.P.U., 1986 CanLII 71 (SCC), [1986] 1 S.C.R. 704 at pp. 714-719.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employer unilaterally change the essential terms of an employee’s employment contract? (British Columbia, Canada)
Does the valuation date in cases involving termination of a shareholder's employment should be the termination date? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
What is the difference between a termination and a notice of termination? (British Columbia, Canada)
Can an employer unilaterally change the terms of a contract of employment? (British Columbia, Canada)
Can an indefinite employment contract be terminated with reasonable notice? (British Columbia, Canada)
Can an employer unilaterally change the terms of an employee's employment? (British Columbia, Canada)
What is the test for a plaintiff to mitigate their loss of employment if they are demoted or terminated without notice? (British Columbia, Canada)
What is the appropriate notice period for an employee to terminate their employment? (British Columbia, Canada)
Does the fact that the employer was unaware of the conduct of the employee at the time of her termination bar her employer from relying on it in her claim for unfair dismissal? (British Columbia, Canada)
