'The worker was trying to direct the employer to a course of action rather than leaning on the employer's decision'
Feb 13, 2025
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“There’s a few things that courts will look at in determining a resignation - it has to be very clear that the person is actually saying, ‘I'm going to resign from my position’ – they’re going to look at the employee’s words and conduct.”
So says employment lawyer Sreya Roy of Turnpenney Milne in Toronto, after an Ontario court dismissed a worker’s wrongful and constructive dismissal claim, finding that they resigned instead.
The worker was a veterinarian at the Sharon Veterinary Clinic, a small clinic in Sharon, Ont., since 2000. The clinic was owned and operated by another veterinarian.
In August 2020, the clinic’s owner was asked to look after a cat belonging to a client. However, the cat escaped from the clinic and the owner accepted responsibility.
On Aug. 5, the client’s partner made threats of harm against clinic staff because of the lost cat, which prompted the owner to contact the police. The police warned the man to avoid contact with the clinic and its employees, and to never attend the clinic’s premises.
The owner spoke with the client’s partner directly and said that she was personally responsible for the loss of the cat, reiterating that he was not to have any further contact with the clinic or its staff or police would be called. She then instructed clinic staff that no services were to be...
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