What is the test for a written resignation?

Yukon, Canada


The following excerpt is from Young v. ElderActive Recreation Association, 2007 YKSM 4 (CanLII):

In the Hainsworth case, at paragraph 37, there was reference to Assouline v. Ogibar Inc. (1991), 39 C.C.E.L. 100 (B.C.S.C.): …there was a heated disagreement between the worker and the employer and over the telephone the worker told the employer that if the employer did not honour its contractual commitments, he would no longer be able to work for them. The employer took the position that those words constituted a resignation but the court held: Given all the surrounding circumstances, would a reasonable man have understood the plaintiff's statement that he had just resigned? The test is an objective one. Having considered the parties' testimony, the context of the telephone conversation, the dispute over contractual terms, and the fact that other employees were questioning the contractual terms regarding commissions, a reasonable man would have interpreted the plaintiff's remarks as a statement as to future options.

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