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Jed Blackburn Looks at Recent Decision Clarifying the Importance of a Clear Resignation

Publish: 12/20/2016

Jed Blackburn has been quoted in Canadian Lawyer magazine's Legal Feeds blog in an article titled "Law Clerk Wins Battle After Legal Dispute With Former Firm," posted on December 19, 2016.

The article looks at the decision in Johal v. Simmons da Silva LLP which "contains noteworthy findings related to labour and employment law." The case looked at whether a law clerk had been wrongfully dismissed, or if she had actually resigned.

Jed says that the decision shows that "in order to be accepted, a resignation must first be clear and unequivocal and must objectively reflect an intention to resign when viewed in the entire context. Factors such as an employee's emotional/mental distress, history with the company, age, financial circumstances, job prospects and the manner of resignation may be considered in determining whether a resignation was truly voluntary."

Read the full article here.