What is the test for an employee to resign?
Nova Scotia, Canada
The following excerpt is from Irwin v. Sysco Halifax, 2010 NSSC 291 (CanLII):
In Cook MacKinnon v. Acadia University, 2009 NSSC 269, Justice Warner said the question was whether the employee had good reason to resign. He said in para. 58 of that decision: 58. Whether she had ‘good reason’ depends on: 1) The express and implied terms of her employment contract; 2) Whether those terms were breached by the employer; and 3) If so, whether the breach was a substantial or fundamental change to the essential terms of the employment contract.
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