What is the test for terminating an employment relationship in clear terms?
Alberta, Canada
The following excerpt is from Robinson v. Team Cooperheat-MQS Canada Inc., 2008 ABQB 409 (CanLII):
In my view, it is necessary to establish an agreement to terminate an employment relationship in clear terms. The most that can be said of the actions and words of the plaintiff in the summer months of 1988 is that they were expressions of dissatisfaction and of an intention to look for an alternate position. There was no agreement that the contract would end on a stipulated date. I find the plaintiff was dismissed and because there was not cause for the dismissal, he is entitled to damages in lieu of notice: Windmeyer v. Municipal Enterprises Ltd., [1991] N.S.J. No. 186 (S.C.T.D.) at 8.
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