What legal tests apply when determining whether an employee resigned or was dismissed?
British Columbia, Canada
The following excerpt is from Canuck Security Services Ltd. v. Gill, 2013 BCSC 893 (CanLII):
Different legal tests apply when determining whether an employee resigned or was dismissed. The finding of dismissal is based on an objective test: whether the acts of the employer objectively viewed amount to a dismissal. A finding of resignation, however, requires an application of both a subjective and objective test: whether the employee intended to resign and whether the employee’s words and acts, objectively viewed, support a finding that he resigned. The tests were summarized in Beggs v. Westport Foods Ltd., 2011 BCCA 76 at paras. 36 - 37:
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