Job Abandonment

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

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STACEY REGINALD BALL

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Job abandonment occurs when an employee fails to show up to work as expected, and is deemed by the employer to have abandoned their post

THE CONTRACT OF EMPLOYMENT

​The Level of Abandonment

Accordingly, the employer can avoid paying any severance as if the employee had resigned. However, there must be an unequivocal indication of the employee’s intention to abandon a position before the employer can be relieved of their obligations. The test is whether, viewing the circumstances objectively, a reasonable person would have understood from the employee’s words and actions that they had abandoned the contract of employment. Only then can the employer be relieved of their obligations.Given the particular facts of a case, an employer may actually have a duty to clarify the situation with an employee prior to termination. See Pereira v. Business Depot Ltd. (2011), 93 C.C.E.L. (3d) 74 (B.C.C.A.) and Koos v. A & A Customs Brokers Ltd. (2009), 73 C.C.E.L. (3d) 236 (B.C.S.C.). An action that rises to the level of abandonment in one case may not equal abandonment in another. There is no hardline rule for the allowable length of an unexcused absence from work. For example, in one case the courts weighed the fact that an employee was willfully disobedient of a direct order to be present on a given day for an important sale. In another case, the employee was on medical leave.

The employee did not communicate directly with her employer during this medical leave, but her lawyer was communicating on her behalf. This did not count as job abandonment. The courts will generally take health issues and reasonable explanations for absences into consideration when determining if an employee has abandoned a job. Employers should be careful of prematurely treating employees as abandoning their jobs. The employee can challenge the employer and claim they have been wrongfully dismissed. Employers should take reasonable steps to demonstrate that they attempted to contact the employee to warn them about the consequences of failing to report to work without a legitimate excuse. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.

CONSULTATIONS

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CLIENT REVIEWS

Google Reviews

Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
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