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Abandonment

Employee’s treatment for drug addiction/fragile health factored into calculation of reasonable notice period

In Pereira v. The Business Depot Ltd., 2009 BCSC 1178, the court factored in the employee's recent release from a drug addiction treatment centre, and his vulnerable state of health generally, in determining the reasonable notice period.

Background  

The employee started working at Staples in 1997, after being recruited from another company. He was eventually promoted to general manager of the Nanaimo location.

Prior to June 2003, he was regarded as a good performer. However, starting at this time his professional conduct took a dramatic turn, as was repeatedly late for work, sometimes would not show up at all or would leave mid day for extended periods.  The employee eventually advised his district manager that he was depressed, fatigued and very unwell.  read more »

Employee's actions do not support finding of unequivocal resignation or abandonment of employment

Jurisdiction: - British Columbia

The court in Koos v. A&A Customs Brokers, 2009 BCSC 563 stated that in the circumstances of this case, it could not find that a reasonable person would have regarded the actions of the plaintiff former employee as an unequivocal resignation or an abandonment of employment.

As such, the court concluded that the plaintiff had been wrongfully dismissed.

At the time of dismissal, the 40 year old plaintiff had 10 years of service, worked in a specialized position (customs compliance) and was earning approximately $50,000 per year. The court awarded her 10 months reasonable notice.