JOB ABANDONMENT

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call: (416) 921 7997 Ext.225     Email: srball@82scollard.com

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 Stacey Ball – Employment Lawyer in Toronto.

CONSULTATIONS

Canadian Employment Law

Canadian Employment Law

Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

Google Reviews

Beijia Zhang
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
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