Employee argues meeting with new management revoked formal notice, but emails tell a different story

Alberta's Court of Justice recently dealt with an employment law case involving a worker's attempt to withdraw a resignation letter after her employer was sold to a new company.

The case highlighted the legal principles surrounding resignation withdrawal and the timing of employer acceptance during corporate transitions.

The worker argued she had verbally withdrawn her written resignation during a meeting with representatives of the purchasing company, claiming she had communicated her intention to stay and continue working.

She maintained that this verbal communication effectively cancelled her earlier written notice, entitling her to wrongful dismissal damages when the new employer ultimately accepted her original resignation months later.

However, the employer disputed this version of events, arguing that no such withdrawal had occurred and that the worker's resignation remained valid throughout the transition period.

The company maintained that while discussions took place about potential future employment, the worker never actually retracted her formal notice.

Legal framework for resignation withdrawals

The worker had been employed by the original company since June 2008. On 29 August 2022, she submitted a written resignation letter stating:

"Please accept this as my formal resignation, effective June 30th 2023." This gave her employer nearly 10 months' notice of her...

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