What is the test for determining whether someone has voluntarily resigned?
British Columbia, Canada
The following excerpt is from Kordyban v. Riso Canada Inc., 2000 BCSC 550 (CanLII):
The plaintiff says that the test for determining whether someone has voluntarily resigned is set out in Assouline v. Ogivar Inc. (1991), 39 C.C.E.L. 100 (B.C.S.C.) at 104: Given all the surrounding circumstances, would a reasonable man have understood by the plaintiff’s statement that he had just resigned? The plaintiff says he was forced to resign or face dismissal. He also says his resignation was conditional on receiving severance pay, and the bonus due to him with respect to the Surrey School District transaction.
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