What is the legal test for whether an employee resigned or was dismissed?
British Columbia, Canada
The following excerpt is from Beggs v. Westport Foods Ltd., 2010 BCSC 833 (CanLII):
Where the issue is whether the employee resigned or was dismissed, counsel for the defendant relies on the Osachoff v. Interpac case which confirms that the burden remains on the plaintiff to prove dismissal on the balance of probabilities. This the plaintiff has failed to do.
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